* Prior code history: Prior code Sections 3-6.10 (§§ 1--9)

This chapter shall be known as the Oakland special events ordinance. (Ord. 12132 § 1 (part), 1999)

This chapter establishes the procedures for applying for extraordinary police services for special events in the city, and authorizes the Chief of Police to deny permit applications or impose additional permit conditions to protect the public from potential adverse impacts, and to provide for additional penalties and for the recoupment of extraordinary police services expended in enforcing permit requirements. (Ord. 12132 § 1 (part), 1999)

It is unlawful for any person, entity, business or group (including community, social, fraternal, religious and charitable groups), to conduct a special event unless there exists a valid permit therefor, granted and existing in compliance with the requirements set forth herein. The investigating official referred to in this chapter, to who the application is referred, shall be the Chief of Police. (Ord. 12132 § 1 (part), 1999)

As used in this chapter:
“Applicant” means any person, firm, association, corporation, organization, club or ad hoc committee who or which seeks a special event permit from the city, through the Chief of Police, to conduct or sponsor a special event governed by this chapter. An applicant must be eighteen (18) years of age or older. The applicant shall be the individual who is directly responsible for organizing and/or conducting the event and/or the facility manager.
“Attended bicycle parking” means a service provided by the event sponsor or qualified bicycle parking service provider where at least one attendant is present throughout the event to receive, return and guard bicycles, and where a safe and sufficiently large area has been set aside for event attendees to leave their bicycles.
“Entertainment” means providing to the public food and/or beverages; live or recorded music; dancing; mechanical, animal or carnival rides; games of chance; performances and/or plays; audiovisual presentations; amplified sound; competitive or sporting events; and/or promotional events.
“Chief of Police” means the Chief of the Oakland Police Department or his or her designee.
“Extraordinary police services” means responsive police services which are in addition to and in excess of the normal police services provided to the facility or off-site as a direct result of the event at the facility.
“Facility” means the building, room or place where the special event is to take place.
“Open to the public” means an event not limited to invitees and otherwise open to any member of the public with or without an admission fee or charge.
“Permit application fee” means the nonrefundable fee to be paid by the permit applicant at the time the application is filed with the Chief of Police. A fee schedule shall be set by the City Council and shall cover the actual costs of processing and investigation special event applications, and administering the special events permit program.
“Responsible party” means, for the purpose of determining liability for damage to city or public facilities as a result of a special event and liability for the cost of extraordinary police services pursuant to Section 9.52.120G, any event sponsor(s) and/or promoter(s) and/or facility operator(s) and/or facility owner(s)and their respective designees.
“Security officer” means a person who possesses a valid state guard permit and who is currently licensed by the city as a private watchman in accordance with the Oakland Municipal Code.
“Special event” (hereinafter “event”) means, for the purpose of this chapter, an event sponsored by any person, entity, business or group including but not limited to the Oakland Unified School District, the Port of Oakland, the Oakland Coliseum complex, the Paramount Theater, and at any event venue within the city and open to the public:
A. Which is held in any public park and/or facility or on any property and/or facility which is open to the public, and
B. At which fifty (50) or more participants (including sponsors and guests) are present, and
C. At which entertainment is provided by or for any person, and/or made available to any person, and/or
D. For-profit entertainment activities of persons, entities and businesses who or which are currently licensed to regularly provide specified entertainment activities at fixed locations in the city but which holds an event that will foreseeably result in impacts on public safety, health, welfare, and police resources.
Exclusions: “Special Event,” as defined in this section, shall not include:
A. An event held in a private residence where no admission is charged, the event is not open or advertised to the public, and no extraordinary police services are required;
B. An event held in a members-only facility at which the only participants are the members (and their invited nonpaying guests) and no extraordinary police services are required;
C. Events sponsored by religious entities held in the religious entity’s facility which only members by permission attend and no extraordinary police services are required;
D. For-profit entertainment activities of persons, entities and businesses such as cabarets who or which are currently licensed to regularly provide specified entertainment activities at fixed locations in the city and no extraordinary police services are required;
E. Any entertainment for which other special permits have previously been obtained, such as, but not limited to, parade permits, dance permits, short-term encroachment permits and city sponsored events otherwise permitted when the Chief of Police determines such other permits are more appropriate for the particular event.
F. Any event, series of events and/or specific type of event may be exempted at the discretion of the Chief of Police, based upon evidence that the event or events will not impact police services and will not affect public health, safety and welfare.
G. An event held at an East Bay Regional Park facility which is subject to existing permit application procedures adopted by the East Bay regional park district, provided the East Bay regional park district notifies all applicants that any person or entity issued a permit for an event at an East Bay regional park facility is liable for the provision by the Oakland Police Department of extraordinary police services that may be required as a result of the event. (Ord. 12884 § 3 (part), 2008; Ord. 12132 § 1 (part), 1999)

A. Application shall be made to the Oakland Police Department, at least twenty-one (21) calendar days prior to the event; however, if the event will require extraordinary police services, the applicant must apply to the Chief of Police for a permit thirty (30) days in advance of the special event, and must execute a written agreement in which applicant agrees to pay the costs of such services, pursuant to Section 9.52.110.
B. Application forms submitted pursuant to subsection A of this section shall be fully and truthfully completed by the applicant. Failure to fully and truthfully complete the application form shall be grounds for denial;
C. If admission fees or donations are to be collected and/or food, liquid refreshments or physical articles are to be sold at the event, the applicant must present proof of federal and/or state tax exemption status or present a copy of a valid city of Oakland business license and tax certificate and a food handling permit if applicable before the permit may be issued;
D. If music, dance or any other form of entertainment activity requiring sound amplification equipment is to be provided or allowed at the event, the applicant must so state on the application form and must provide assurance that the city’s noise ordinance will not be violated as a result of the activity.
E. Upon application, the applicant shall state the name and address of the facility, and identify the type of facility, where the event will take place. Before the permit may be issued, the applicant shall be required to present a photocopy of a valid city of Oakland dance hall, cabaret, or other applicable permit or license which authorizes the use of the facility for this type of activity or event. Further, the applicant shall complete the portions of the application which require identification of any occupancy restrictions or other conditions for use imposed by the city on the designated facility; and
F. Upon application, the applicant shall pay a fee as established by the city master fee schedule. The Chief of Police shall have the discretion to waive this fee for nonprofit organizations. (Ord. 12132 § 1 (part), 1999)

The application for a special event shall provide the following information:
A. All events: The name, address, telephone number, and date of birth of applicant and an alternative contact person. If the special event is proposed to be sponsored by one or more organizations, the name, address and telephone number of the organizations, and the president(s) of the organization. If requested by the Chief of Police, written authorization to apply for the special event shall be provided by an officer of the requesting organization;
B. The name, address and telephone number of the person who will be present and in charge at the time of the special event;
C. The nature and purpose of the event;
D. The proposed date, location and estimated starting and ending time of the event;
E. Estimated number of persons anticipated at the event;
F. Description of any sound amplification equipment which will be used at the event;
G. Whether any food or alcoholic and/or nonalcoholic beverages will be sold at the event;
H. Whether monitors or security persons will be utilized at the event;
I. Parking contingencies planned for the event;
J. A description of the provisions to be made for attended bicycle parking, pursuant to Section 9.52.080;
K. Any supplementary information which the Chief of Police shall find reasonably necessary, under the particular circumstances of the special event application to determine whether to approve or conditionally approve the permit. (Ord. 12884 § 3 (part), 2008; Ord. 12132 § 1 (part), 1999)

A. The Chief of Police shall approve, conditionally approve, or deny the application based on the grounds specified in Sections 9.52.080 to 9.52.090. Such action shall be taken not later than fifteen (15) calendar days after the filing of a complete application. The applicant shall be notified of any conditions of approval pursuant to Section 9.52.080 at the time the action on the application is taken.
B. If the application is denied or conditionally approved, at the time of taking action on the application, the Chief of Police shall inform the applicant in writing of the grounds for denial, or of the reason for the imposition of conditions.
C. If the Chief of Police relied upon information regarding the event other than that which was contained in the application, he or she shall inform the applicant of the additional information considered. (Ord. 12132 § 1 (part), 1999)

The Chief of Police may impose additional conditions to a permit in the exercise of his or her reasonable discretion when conditionally granting a permit, including but not limited to:
A. Requiring the applicant to retain or hire one or more security officers to provide security at and during the event, said security officers present and on duty at all times during the event;
B. Requiring the applicant to be personally present at all times during the event;
C. Requiring the applicant to provide a working telephone where he or she can be reached directly at all times during the event;
D. Requiring the posting of the event permit at the event facility;
E. Requiring a refundable security deposit before issuance of the permit toward the costs of city services and/or cost of damages to public facilities that may be associated with such an event;
F. Requiring provision of medical services on-site on a case-by-case basis and/or in consideration of the applicant’s previous history;
G. Requiring in the case of live performances the actual name and stage name of every act performing;
H. Requiring the submission of copies of all promotional materials simultaneously with the posting or distribution of said materials. All promotional materials must identify the promoter, and must not be posted or affixed to or on city or public property;
I. Requiring a proof of liability insurance in the amount required by the city;
J. Requiring the event promoter to provide attended bike parking service for events that expect five thousand (5,000) or more attendees, and for smaller events at the discretion of the Chief of Police. The promoter must advertise the service to potential attendees in all outreach and advertising materials and media, and place the bike parking area in an accessible location;
K. Requiring such other additional conditions as are reasonably believed to be necessary to protect the public health, safety, welfare and order, and to minimize adverse impacts upon the surrounding neighborhood and the general community. (Ord. 12884 § 3 (part), 2008; Ord. 12132 § 1 (part), 1999)

Permits for special events will be granted at the discretion of the Chief of Police. A special events permit application may be denied upon evidence that:
A. Information contained in the application, or supplementary information requested from the applicant, is false in any material detail; or
B. The applicant has failed to provide a complete application form after having been notified of the requirement of producing additional information or documents; or
C. The applicant has not submitted a completed application form in the time provided pursuant to Section 9.52.050.
D. The applicant has previously had a permit revoked, in Oakland or in another jurisdiction, for violation of permit conditions or for unlawful conduct relating thereto and it is reasonably believed that similar violations or unlawful conduct will again occur;
E. The granting of the permit will have a substantial adverse impact upon the public health, safety, or order; and/or
F. The granting of the permit will result in substantial adverse impacts (including, but not limited to, noise, litter, traffic and congestion) upon the surrounding neighborhood or the community in general.
G. Another complete special event application has been previously filed for a different event at the same time and place requested by the applicant, or so close in time and place as to cause traffic congestion or a demand for police services which the Police Department is unable to meet; or
H. The time or size of the event will substantially interrupt the safe and orderly movement of pedestrian or vehicular traffic in the immediate vicinity of the event, or disrupt the use of a street at a time when it is usually subject to great traffic congestion; or
I. The concentration of persons, animals and vehicles at the site of the event will prevent proper police, fire, ambulance, or other essential public services to areas contiguous to the event; or
J. The size or duration of the event will require diversion of so great an amount of city police services that providing for the minimum level of police services to other areas of the city is jeopardized; or
K. The event will substantially interfere with construction or maintenance work scheduled to take place upon or along the city streets or a previously granted encroachment permit; or
L. The event will occur at a time and place where the noise created by the activities of the event will substantially disturb or disrupt the activities of such institutions as schools and hospitals; or
M. Sponsors have failed to pay the city for previous special events or parade fees and costs.
N. The applicant has previously had a permit revoked, in Oakland or in another jurisdiction, for violation of permit conditions or for unlawful conduct relating thereto and it is reasonably believed that similar violations or unlawful conduct will again occur;
O. The sponsor fails, or has failed in the past, to make provisions for attended bicycle parking, pursuant to Section 9.52.080; or
P. The granting of the permit is likely to result in substantial negative impacts upon the delivery of city-wide police services and therefore pose a threat to the public health, safety and order due to the likelihood of the special event resulting in a call for a police emergency response.
Q. The Chief of Police shall state, in writing, the reasons for any denial of the event permit. Any applicant whose application is denied shall have the right to request reconsideration of the denial. Reconsideration must be submitted to the Chief of Police or his designee within five days of issuance of the denial. Said request for reconsideration shall be in writing and shall state any and all reasons of any nature why the Chief of Police’s stated reasons for denial are in error. Within five days of receipt of said request for reconsideration, the Chief of Police shall send written notice of his/her decision and or notice of hearing on the reconsideration request to the applicant. (Ord. 12884 § 3 (part), 2008; Ord. 12132 § 1 (part), 1999)

An event permit may be revoked at any time during the event by the Patrol Division Commander, or his designee, for;
A. Violation of any of the imposed permit conditions; or
B. Failure to obtain and post any permit required by the State Alcoholic Beverage Control Board to serve alcoholic beverages; or for
C. The occurrence of unlawful or criminal activity during the event.
Revocation shall be immediately effective upon public announcement of the revocation thereof by any police officer designated by the Patrol Division Commander to so act. (Ord. 12132 § 1 (part), 1999)

A. Any violation of this chapter may be charged as a civil penalty or an infraction, as provided for in Title 1 of the Oakland Municipal Code, except as specified in subsection B of this section. Enforcement action specifically authorized by this section may be utilized in conjunction with, or in addition to, any other statutory, code, administrative or regulatory procedure applicable to this chapter. In addition, nothing in this section shall be interpreted to preclude or limit the City from seeking injunctive or other judicial relief.
B. It shall be a misdemeanor for the event sponsor or his or her designee to refuse to terminate an event for violation of event conditions, or for holding an event without benefit of permit. (Ord. 12132 § 1 (part), 1999)

A. Prepayment of Fees. Before a special event permit may be issued the Chief of Police shall provide the applicant with a statement of the estimated cost of providing extra police officers for the event. The applicant/sponsor shall be required to pay these fees at a minimum two weeks in advance of the event.
B. Computing Extra Police Services. The extra police services shall be computed by determining the number of police officers who will be required for the special event beyond that which would otherwise be required at that time, multiplied by the number of hours for which such additional service is rendered at the rate of the city’s full cost of providing officers on an hourly basis as established by the master fee schedule. Such personnel to perform the additional police services shall be determined by the Chief of Police in the number he or she determines is reasonably necessary for the event. Police personnel assigned to special events are city employees while so engaged and are under the sole direction of the Chief of Police.
C. Refunds or Additional Charges. If the actual cost for extra police services on the date of the event is less than the estimated cost pursuant to subsection A of this section, the applicant/sponsor will be promptly refunded the difference by the city from the general fund. If more police hours are required than originally charged, the event sponsor will be billed the additional costs. Payment of additional costs shall be due within fifteen (15) days of the date the bill is deposited in the mail. If full payment is not received within the required time for payment, the event sponsor is subject to interest charges at the maximum legal rate computed from the date the payment period expires. If the event is cancelled less than five business days prior to the scheduled event, a cancellation fee will be assessed.
D. Failure to Reimburse for Additional Police Services. The cost of any additional extraordinary police services pursuant to subsection C of this section shall be collected from the event sponsor in any manner prescribed by law, including but not limited to placement of a lien on the event sponsor’s property and/or an action in small claims court. This remedy is in addition to all other civil and criminal remedies available to the city.
E. The costs assessed against an event sponsor and/or promoter and/or facility operator for recoupment of the cost of additional extraordinary police services pursuant to subsection C of this section shall include: (1) the actual cost of salaries, benefits, and administrative overhead of the police personnel providing the services; (2) the cost of medical treatment for police personnel injured while providing services; (3) the cost to replace or repair city property damaged while providing the services; and (4) the cost incurred in making arrests while providing the services.
F. Any event sponsor and/or promoter and/or facility operator billed for additional extraordinary police services pursuant to subsection C of this section may request a hearing on the matter before a hearing examiner designated by the City Manager. In order to obtain a hearing, the event sponsor shall file a written request therefor within ten days of the date of the invoice mailed to the sponsor that shall state the grounds for appeal. When a written appeal is filed by the applicant, a hearing shall be set at a date and time not less than ten and not more than forty-five (45) days following the filing of the appeal. The event sponsor shall be notified of the date, time and place of the hearing. Upon conclusion of a hearing, the hearing examiner shall render a decision within fifteen (15) days. The hearing examiner’s decision shall be final.
G. The event sponsor(s) and/or promoter(s) and/or facility operator(s) and/or facility owner(s) and their respective designees are all and each severally liable for the cost of additional extraordinary police services. (Ord. 12132 § 1 (part), 1999)