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The following definitions apply to this title:

“Applicant” means the person, persons, or entity submitting an application under this chapter and who is responsible for the conduct of the event. The applicant signs the special event permit application and all other documents relevant to the event. The applicant is legally responsible for compliance with all terms of an issued permit.

“Charge” shall be defined as requiring someone to pay a fee or to set, negotiate or establish a fee for a performance. Seeking voluntary contributions through passing around a hat, leaving an open instrument case or other receptacle, or soliciting donations after a performance is not defined as a charge.

“Debriefing” means a meeting held by the Special Events Review Committee (SERC) within thirty business days of the close of the event. Attendance/participation of the applicant at this meeting is mandatory.

“Fees” means all charges assessed by the City of Moab for permitting, staffing, equipment use/rental, property use/rental, setup, cleanup, inspections, public labor charges, or public equipment rental charges assessed to a special event and established within the event permitting process. See Chapter 4.15.

“Mass gatherings” are defined by Rule 392-400 of the Utah Administrative Code. Applicants must contact the Southeastern Utah District Health Department for information about mass gathering permits and food handling permits to the extent otherwise required by Utah law.

“Nonprofit organization” means an organization that qualifies for tax-exempt status according to the U.S. Treasury under Section 501(c)(3) of the Internal Revenue Code, which is created and operated to benefit the public interest and which includes a charitable, educational, scientific, religious, recreational, or artistic purpose.

“Performance” shall be defined to include, but not be limited to, the following activities: playing music, singing, dancing, pantomiming, puppeteering, juggling, fire-spinning, reciting, etc. Performance does not include providing personal services.

“Permittee” means the applicant holding a valid permit under this chapter.

“Private event” means an event which is:

1. Closed to the general public;

2. Held entirely on private property for which such events are a permitted use under Title 17, or City property for which a permit has been obtained;

3. Does not require installation of temporary water, power, cooking, sanitation, or waste management facilities; and

4. Does not adversely impact City personnel, services, or facilities.

Private events shall not in any case be defined to include any event to which the public is invited, whether by advertisement or otherwise, or events where an admission fee is charged.

Private events are not regulated by this chapter except where specifically noted; however, the Moab Police Department may take enforcement action in the event of a nuisance, breach of the peace, noise violation, or the like.

“Public event” shall be defined to mean any gathering which is open to all persons, which is advertised as open to the general public, or which is open to all persons who purchase admission.

“Special event” means a sporting, cultural, entertainment, commercial, or similar gathering, whether held for profit or on a nonprofit basis, occurring for a limited or fixed duration, not to exceed fifteen consecutive days, and which is likely to attract a large number of participants or spectators. By way of illustration, and not of limitation, special events subject to this chapter include: concerts, fairs, rallies, athletic events, or temporary sales events. Special events are further defined as follows:

1. Level I Event. Events expected to be attended by not more than two hundred people per day and which include one or more of the following:

a. Partial or rolling street closure of City rights-of-way, including streets, sidewalks, and/or pathways;

b. Vendor sales or concessions;

c. Amplified sound; or

d. An entrance fee or ticket charge for the event.

2. Level II Event. Events expected to be attended by more than two hundred people per day and which may include one or more of the following:

a. Full public street closure of City rights-of-way;

b. Vendor sales or concessions;

c. Amplified sound; or

d. An entrance fee or ticket charge for the event.

“Special Events Coordinator” means the City employee who administers the provisions of this chapter.

“Special Events Review Committee (SERC)” means a committee made up of representatives from City departments including, but not limited to, police, parks, public works, and representatives from the Southeastern Utah Health Department, Moab Valley Fire Protection District, and a County special events representative. The Special Events Coordinator or his/her designee shall be the chair of this Committee.

“Speech event” means an activity conducted primarily for the expression of political, social, religious, cultural, or other constitutionally protected speech. Speech events may include rallies, picketing, protesting, marching, demonstrating, or debating matters of public concern on any City street or other property. Speech events do not include events held in furtherance of a business or commercial purpose.

“Street closure” means the deliberate blockage of any public street or City owned parking facility to prohibit the flow of traffic or access of vehicles.

“Street performer” shall be defined as an individual or group who performs in a public area or a private outdoor area adjacent to a public street or sidewalk for the purpose of providing public entertainment.

“Substantial change” means changes to an existing special event that cause the need for a different review level or cause the need for review by the City Council. These changes include, but are not limited to: increased need for street closures; increased need for police support; a change in duration; an increase in anticipated attendance; or the addition of vendor sales or concessions.

“Vendor” means a person selling food, beverages, souvenirs, or other merchandise at a special event. The term “vendor” does not include the sale of memberships in an organization which is the special event applicant.

“Venue” means the location or locations where a special event is held, including all ingress/egress routes, parking, and necessary facilities for the event. (Ord. 18-15 § 3, 2018)