Explanation
The purpose of this ordinance is to designate a Clean Zone within specific boundaries in the downtown area in conjunction with the 2018 NCAA Division 1 Women’s Final Four Basketball Tournament, being held on March 30, 2018 through April 1, 2018.
This event is expected to attract thousands of visitors to the Columbus area, and is projected to have significant economic impact on the City and surrounding region. It is in the best interest of the City to regulate this special event to preserve the health and safety of all citizens, visitors, and participants, as well as preserve the aesthetic qualities of the downtown area. Therefore, it is necessary to create a Clean Zone in the area specified within specific boundaries in the downtown area, in conjunction with the event and its organizing committee, and in accordance with Chapter 599 of the Columbus City Codes.
Title
To designate a portion of the downtown area as a Clean Zone in order to regulate certain commercial activity on public property in connection with the 2018 NCAA Division 1 Women’s Final Four Basketball Tournament on March 27, 2018 through April 1, 2018; designating the geographical boundaries for the Clean Zone in the downtown area; providing for special Clean Zone licenses; and authorizing criminal penalties to be imposed for violation of this ordinance; and to declare an emergency.
Body
WHEREAS, the City of Columbus, in conjunction with various sponsors and promoters, is hosting the 2018 NCAA Division 1 Women’s Final Four Basketball Tournament (March 30th 2018 - April 1st, 2018) (“Special Event”), at Nationwide Arena; and
WHEREAS, the Special Event is expected to attract thousands of visitors to the Columbus area and is projected to have significant economic impact; and
WHEREAS, it is in the best interest of the City to regulate the Special Event to preserve the health and safety of all citizens, visitors, and participants, as well as preserve the aesthetic qualities of the downtown area, and therefore, the City has determined it is necessary to designate a Clean Zone within specific boundaries in the downtown area in conjunction with the Special Event; and
WHEREAS, on July 30, 2012, City Council passed Ordinance No. 1726-2012 which created the requirement for a commercial sales license (“License”) to peddle, solicit, or canvass and those requirements shall not be modified by this proposed Ordinance; and
WHEREAS, on July 23, 2012, City Council passed Ordinance No. 1688-2012 which created the requirement for a community market license (“Market”) and shall not be modified by this proposed Ordinance; and
WHEREAS, on April 7, 2014, City Council passed Ordinance No. 0773-2014 which created the Mobile Food Vending Licensing Program (“Program”) and shall not be modified by this proposed Ordinance; and
WHEREAS, this Ordinance shall be effective only for the duration of the dates specified and shall not affect the operations of the City outside the specified dates and Clean Zone boundaries of this Special Event;
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Safety in that it is immediately necessary to establish this Clean Zone in order to be in effect for an upcoming special event and for the preservation of public peace, property, health, safety, and welfare; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That, pursuant to Section 599.02 of the Columbus City Code, a portion of the downtown area of Columbus, as specified in Section 3 herein, is hereby designated a temporary Clean Zone on March 27th, 2018 to April 1st, 2018.
SECTION 2. That the Clean Zone shall be in effect for twenty-four (24) hours from 12:01 a.m. on the first day of each designated period and ending at midnight on the last day of each designated period.
SECTION 3. That the geographic boundaries of the Clean Zone shall consist of an approximate 4.5 square mile area. Specifically, the boundaries shall be as follows:
A) Buttles Avenue west of Goodale Park and the corner of Neil Avenue;
B) Neil Avenue south to the corner of W. Long Street;
C) W. Long Street headed east to the corner of Marconi Boulevard;
D) Marconi Boulevard headed south, changing street names to S. Civic Center Drive;
E) S. Civic Center Drive headed south, changing street names to S. 2nd Street, to the corner of W. Main Street;
F) W. Main Street headed east, changing street names to E. Main Street, to the corner of S 4th Street;
G) S. 4th Street headed north, changing street names to N. 4th Street, to the corner of Warren Street;
H) Warren Street headed west to N. High Street;
I) N. High Street headed south to Buttles Avenue; and
J) Buttles Avenue headed west to Neil Avenue
The Clean Zone shall encompass the area within the boundaries described above, including the entire area of the boundary streets, and all public property and right-of-way, which is adjacent to, or about, the boundary streets described. A map showing the geographical boundaries of the Clean Zone is attached to this Ordinance as Exhibit 1.
SECTION 4. That all vendors permitted under the License and Program who desire to sell Special Event- related merchandise during the Clean Zone period designated herein must get the prior approval of the event sponsor, The Columbus Local Organizing Committee (“CLOC”). Vendors previously authorized under the License or Program are not required to obtain a Clean Zone license to engage in business in which they have already obtained a License or Program permit to conduct. The CLOC shall confer, as reasonably as possible, with local business organizations within the Clean Zone, including the Short North Business Alliance, to determine the most appropriate location for each Clean Zone license applicant.
SECTION 5. That the City’s License Section of the Division of Support Services (“Division”) is authorized to issue Clean Zone Licenses subject to the provisions set forth in this Ordinance and Chapter 599 of the City Code. A person shall not occupy public property or rights-of-way within the Clean Zone for the purposes of selling, distributing, or offering for sale or free of charge, services or goods, including, but not limited to, food, drinks, flowers, plants, tickets, merchandise, souvenirs, or paraphernalia without authorization prescribed by this section. The Clean Zone is designated and authorized subject to the following conditions:
A) Any person or regulated business who wishes to sell or vend food, frozen food, flowers, souvenirs or other merchandise, erect temporary signage, inflatables, banners, flags, pennants, wind or “sandwich board” signs or project images or otherwise engage in temporary promotional or commercial services of any kind, including sampling, located within the geographical boundaries and the dates of the Clean Zone, and from a location which is on City property or rights-of-way, must:
1. Seek and acquire the recommendation of the appropriate CLOC; and
2. Acquire a “Clean Zone License” which shall be:
a. Issued by the Division following the requirements under Columbus City Code Section 599.03; and
b. $10 application fee; no license fee
B) Notwithstanding the provisions of Columbus City Code Chapter 523, there shall be no “foot” or mobile vending Clean Zone Licenses issued. All approved Clean Zone vendors will be assigned to a fixed location for the duration of the Event. All locations are to be determined in the sole discretion of the CLOC.
SECTION 6. That the Clean Zone License shall specify the exact location of the licensee’s operation, and the licensee shall comply with all the provision of the City Code, and state and federal laws, including, but not limited to, the City Health and Safety Code, and all applicable state and local health and safety laws and regulations.
SECTION 7. That any person or regulated business who engages in the activity prohibited by Columbus City Code Chapter 599 without a Clean Zone License shall be subject to criminal penalties outlined in Columbus City Code Section 599.99 and subject to immediate impoundment of all tangible property related to the unauthorized commercial activity. Whoever violates Section 599.03 is guilty of failing to obtain a Clean Zone license, a misdemeanor of the third degree.
SECTION 8. That, notwithstanding any other provision of this Ordinance, any person or regulated business authorized to conduct business within the geographical boundaries of the Clean Zone is hereby authorized to engage it its authorized, license, contracted, permitted or certificated activity during the time period specified for the Clean Zone and is not required to obtain a Clean Zone License. However, if any such person or regulated business already authorized to conduct business wishes to sell Special Event related merchandise during any Clean Zone period, that person or regulated business must get prior approval from the CLOC. No person or regulated business hall be authorized to sell or distribute illegal, non-licensed, or unauthorized merchandise, regardless of whether that person obtains a Clean Zone license.
SECTION 9. Enforcement assistance, if requested by CLOC, will require the assignment of off-duty Columbus Police Officers. All costs associated with the off-duty police officers will be the responsibility of the CLOC.
SECTION 10. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.