Eventful changes for Saratoga

Eight years ago, the Town of Saratoga passed Ordinance 809, which created regulations for specially permitted events within the town limits. At the September 15 meeting of the Saratoga Town Council, Councilmember Jon Nelson proposed changes to Chapter 5.30 of the Saratoga Municipal Code.

Since taking his seat on the council in January 2019, Nelson has been consistent in his ‘nay’ votes on special events applications that have not followed the current town code, specifically the 30 day deadline.

Under 5.30.040 of the municipal code, “any applicant requesting permission to hold a specially permitted temporary event shall complete and submit to the town clerk, a town of Saratoga special events application. This application shall be submitted at least thirty days prior to any Saratoga Town Council meeting where the applicant is requesting approval from the Saratoga Town Council. Upon a showing of extenuating circumstances and at the sole discretion of the Saratoga Town Council, the thirty-day submission requirement may be waived by the Saratoga town council.”

Nelson has cited this section of the code when voting against previously submitted events applications, the most recent of which was Pesto Festo, a small event organized by the Saratoga Community Garden. Following discussion prior to a 3-1 approval of the event application, Nelson suggested the governing body look at updating the code.

Currently, 5.30.010 of the Saratoga Municipal Code reads that if the anticipated attendance at an event is less than 50 people the application may be submitted to the town clerk who will then provide it to a Town of Saratoga employee who has been designated by the town council to review and consider approval of the application. If that same employee believes the application may require additional conditions, then the application is forwarded to the town council for consideration.

At town council meetings in which events applications are considered for approval, it has never been stated as to what town employee or employees have the authority to consider and approve applications for events with less than 50 people in attendance.

Under the changes proposed by Nelson, it would no longer be a town employee under 5.30.010 that would have the authority to approve a small events application. It would, instead, be a member of the council who would be designated by the rest of the town council. 

“If the designated council member determines that the application may require the imposition of additional conditions then you got to come before the full council. You got to go through the whole process,” said Nelson. “But, if that council member who’s been designated by the council to review the event applications for less than 50 people says ‘This ain’t nothing but a thing’ the permit can be issued.”

Another change to the code proposed by Nelson was an exemption for private businesses in highway business or residential business areas.

“I’ve added an exemption for ‘outdoor music events held on private property within the highway business or retail business district for which no tickets are sold or special admission fee is charged. This exemption shall not be construed as to create an exemption for any other law or ordinance including but not limited to; noise regulations and or denial of temporary license’,” Nelson said. “My thought there … is if you’re in retail business or highway business and you’re having an outdoor music event that you’re not charging a cover or selling tickets to, that is an exemption.”

The blanket 30 day deadline for special events applications was proposed by Nelson to be removed with a tiered deadline in its place. Events with 50 people or less would need to submit their applications seven days before a town council meeting, events with more than 50 people but less than 100 people would have 14 days and events exceeding 100 people would have 30 days.

“If we’re going to have Steinley Cup or Saratoga Days, we still want 30 days heads-up on that so we got time to talk about solid waste, law enforcement, street closures and bus routes and all those things,” Nelson said. 

Language would also be added that would not allow for any event to be approved if the application were submitted less than 10 days before the event.

“If your event is the day after a council meeting, you got to have it seven days to the prior council meeting. It’s just so that we have time, if there’s something that needs a special consideration even if it’s 50 persons or less, to talk about it as a council and then that the town departments have a couple days to act on that,” said Nelson.

Following Nelson’s explanation, there was little discussion about the proposed changes. Mayor Pro-Tem Bob Keel suggested that the changes be put into the form of an ordinance and prepared for a first reading to allow for public comment on the changes. It is possible that the first reading of that ordinance could be held on October 6.

The next meeting of the Saratoga Town Council will be at 7 p.m. on October 6 at Saratoga Town Hall.