Discuss Request for Special Events Permit

Staff received a request for a Special Events Permit from SPM Properties, The Penalty Box Bar & Grill, located at 14077 St. Francis Boulevard NW, Ramsey.  They are requesting permission to host a tent party for Friday and Saturday nights, June 22 and 23, 2012.  Their plan is to have a live band in the tent both nights and they are requesting the party hours of 8:00 p.m. to midnight. 

Staff (City Clerk Thieling, Police Chief Way, Fire Chief Kapler, and Director of Public Works Olson) met and discussed some of the items/issues that have come up from past tent parties at this location. 

A brief history is as follows: 

In 2009, a Special Events Permit was granted to The Penalty Box for Friday and Saturday nights, May 8 and 9.  A request was made to have the live bands play from 7:00 p.m. to 11:00 p.m.  Two officers worked each night.  On Friday night, the officers worked from 7:00 p.m. to 11:30 p.m.  The crowd was described as "light" by the officers.  One person had to be escorted from the property and told not to return.  This was taken care of by bar security.  One anonymous complaint was made to dispatch a little after 7:00 p.m. regarding loud music.  On Saturday night, officers worked from 7:00 p.m. to 12:30 a.m.  The Penalty Box requested the officers stay an additional hour because of the large crowd.  Officers were asked by Penalty Box staff to remove one disorderly person from the location; he left without incident.  Officer indicated most went well and the crowd was mostly well behaved.  People attending the event parked wherever they could find a spot in the area which included by businesses in the area and on the street.  No vehicles were towed for illegal parking.  One very upset person called dispatch to complain about the loud music at 9:42 p.m.  The caller indicated she was going to contact Councilmembers about the permit.  Prior to the event, Chief Way received one call from a citizen who had questions about the event.  He answered the questions which related to parking and trash clean-up on private property.  A few complaints were received from other tenants in the mall with regard to the parking spaces.


Mr. McManus of The Penalty Box requested a second Special Events Permit for a tent party and live music for Friday and Saturday nights, August 21 and 22, 2009.  The request was for the band to be allowed to play until midnight which is later than allowed by City Code, but can be deviated from with Council approval.  Since there had been a few complaints received from other tenants in the mall where The Penalty Box is located, staff requested Mr. McManus notify his neighbor tenants of his proposed event.  Mr. McManus did that and brought in a notification signed by each of the neighboring tenants.  Staff discussed parking options with Mr. McManus and offered the use of City property located on the northeast corner of 142nd Avenue and Highway #47 as well as the "old Amoco" site.  Mr. McManus would take care of mowing that property to allow parking.  The City Attorney wrote up an indemnification agreement with regard to the use of that site.  No fee was charged for the parking site or Mr. Goodrich's time to write up the agreement.  Fire Chief Kapler had suggested erecting the tent closer to the building, eliminating a drive lane between the tent and The Penalty Box and Mr. McManus agreed to that location.  Council approved the Special Events Permit which included allowing the bands to play until midnight, with the condition that the volume of the amps be turned down at 11:00 p.m.  A Ramsey Police Officer physically checked the volume at 10:30 p.m. and again at 11:00 p.m. to make certain Mr. McManus complied with Council's directive; Mr. McManus was in compliance.  Chief Way reported there were no noise complaints received. 

A Special Events Permit was requested by The Penalty Box to host a tent party on Friday and Saturday nights, May 7 and 8, 2010.  Staff recommended the location of the tent be the same as at the August 2009 event - closer to the building, eliminating the drive lane between the tent and the building.  Mr. McManus agreed.  Staff again offered the use of the "old Amoco site" and the "sledding hill" site for parking spaces providing Mr. McManus would take care of the mowing of it prior to the event and the clean-up following the event.  Mr. McManus agreed.  There was  no charge for the parking sites and Attorney Goodrich wrote up an indemnification agreement as was done in August 2009.  Mr. McManus again notified his neighbor tenants of the party and had to make certain a number of parking spaces were dedicated to each tenant during their hours of operation.  Mr. McManus was told he would have to hire two Ramsey Police Officers for each evening, one-half hour before the band started, during the concert, and one-half hour following the end of the band's performance.  The Penalty Box also had 12 of their own security people monitoring the parking lot.  Staff recommended Council apply the following stipulations to Mr. McManus' permit if the action was to approve it:  1)  Locate the tent in the area specified by staff; 2)  sign the indemnification agreement prepared by the City Attorney for additional parking spaces on City property; 3) notify all neighboring tenants of the event in writing, have them sign off on the notification and present to City staff prior to the event; 4) hire two Ramsey Police Officers for each evening one-half hour prior, during, and one-half hour following the end of the band's performance as well as their own security crew; 5) deposit $2,000 in an escrow account for expenses incurred (security, etc.); 6)  apply for a tent permit with the Fire department and schedule the tent inspection; 7) abide by all liquor license regulations; and 8) allow the bands to play until midnight with volume to be turned down at 11:00 p.m.  Council approved the Special Events Permit with those stipulations. 

Following the 2010 event, police reports were as follows:  one DUI issued, one fight, and several noise and trash complaints, mostly from citizens.  Fire received a report from one of the neighbor tenants.  The complaints/concerns were listed as follows:  tent location - safety concerns and visibility with traffic cutting through; parking lot full of food and garbage; no one looking out for the safety of anyone - no crosswalk staffing; parking lot blocked off - endangering customers and not leaving enough space for this tenant's customers to park and permission was not sought to use their parking spaces; they were not informed of the event; Sunday morning there were still cars and garbage in the main parking lot - garbage not taken care of quickly enough.  This tenant noted that they are totally against another tent party in the parking lot and that they would hire an attorney if necessary to fight against it. 

With regard to the notification, one of the stipulations was that Mr. McManus acquire signatures of all neighbor tenants and staff should have checked more closely to make certain all tenants had signed off.  This particular one had not.

There were no requests for a Special Events Permit for year 2011.

As previously stated, staff met to discuss the Special Events Permit application from The Penalty Box.  Concerns expressed were about location of the tent.  Staff is suggesting, if this event is to happen, that the tent be erected behind the facility - on Xkimo Street.  That location should alleviate the safety concerns expressed.  Two Ramsey Police Officers would have to be hired each evening - one-half hour before the band begins, during, and one-half hour after the band is finished. The 2012 Schedule of Rates, Fees and Charges lists Police service at $76 per hour per officer.  Staff would require a $2,000 cash deposit be placed in an escrow account to cover police services as well as if any clean-up services are necessary.  If the costs equal more than the $2,000 escrowed, Mr. McManus would be billed for the remainder.  When a special event request is made, staff also checks to make certain all utilities, taxes, etc. are up to date.  The Penalty Box currently owes $3,000.58 for utilities; $2,876 of that amount was due February 15, 2012.  Staff also informed Mr. McManus that, as in the past, prior to granting the permit, he would have to provide disclosure notices of the event , signed by all neighbor tenants, and that they are in favor of this event taking place. As of this writing, no signed notifications have been received. 

Attached for Council review is a map depicting where staff is recommending the tent be placed.

If Council should grant the Special Events Permit, staff's recommendation is to only allow the tent to be erected on Xkimo Street behind the facility for reasons stated above and past history.  Staff is also recommending that prior to granting the permit, the applicant will provide disclosure notices of the event, signed by each neighbor tenant, noting that they are in favor of this event taking place.  This was a requirement for both 2009 and 2010.  As of this case writing, the signed notifications have not been received.

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Based upon discussion.  If Council would like to move forward with this request, staff will place approval of same on the Consent Agenda for May 8.