City of Atlanta
Georgia

Ordinance
20-O-1296
Adopted on Substitute
May 4, 2020 1:00 PM

****AN ORDINANCE BY COUNCILMEMBER CARLA SMITH AS SUBSTITUTED BY COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE TO RATIFY MAYOR KEISHA LANCE BOTTOMS’ EXECUTIVE ORDER VIA WHICH THE MAYOR’S OFFICE OF SPECIAL EVENTS AND THE CITY OF ATLANTA DEPARTMENT OF PARKS AND RECREATION WERE ORDERED TO ACCEPT NO NEW APPLICATIONS FOR PERMITS OR SUB-PERMITS FOR OR RELATING TO EVENTS TO BE HELD IN THE CITY OF ATLANTA GOVERNED BY CHAPTER 142 OF THE CITY OF ATLANTA CODE OF ORDINANCES, AND VIA WHICH THE ATLANTA POLICE DEPARTMENT WAS TO ACCEPT NO NEW APPLICATIONS FOR SPECIAL EVENTS GOVERNED BY CHAPTER 10, ARTICLE II, DIVISION 3 OF THE CITY OF ATLANTA CODE OF ORDINANCES; TO PROVIDE FOR THE CONCLUSION OF THE MORATORIUM IMPLEMENTED IN ACCORDANCE HEREWITH UPON DECLARATION INFORMED BY THE LATEST SCIENTIFIC AND MEDICAL EXPERT INFORMATION CONCERNING THE COVID-19 PANDEMIC THAT GATHERINGS MAY OCCUR IN ACCORDANCE WITH PERMITS ISSUED BY THE CITY OF ATLANTA; TO PROVIDE THAT PERSONS IN POSSESSION OF A PERMIT FOR AN EVENT WHICH COULD NOT OCCUR DUE TO THE COVID-19 PANDEMIC MAY HAVE THE CITY APPLY THE APPLICATION AND PERMIT FEES PAID FOR SUCH PERMITS, TO A NEW PERMIT APPLICATION FOR AN EVENT TO OCCUR WITHIN ONE YEAR FOLLOWING THE DATE OF THE CONCLUSION OF THIS MORATORIUM; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 1 Carla Smith
Category:Personal PaperFunctions:None Required

Item Discussion

(Favorable by Public Safety and Legal Administration Committee 4/27/20)

Body

WHEREAS, like much of the world, the United States, the State of Georgia, and the City of Atlanta are currently responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2” and the disease it causes named “coronavirus disease 2019” (abbreviated COVID-19); and

 

WHEREAS, on March 11, 2020 the World Health Organization declared the COVID-19 outbreak a pandemic; and

 

WHEREAS, on March 13, 2020 the President of the United States announced a national emergency in response to the COVID-19 pandemic, which included two emergency declarations: one under the National Emergencies Act and one under the Stafford Disaster Relief and Emergency Assistance Act; and

 

WHEREAS, on March 14, 2020 Governor Brian Kemp signed a public health state of emergency to address the COVID-19 pandemic through assisting health and emergency management officials across Georgia by deploying all available resources for the mitigation and treatment of COVID-19; and

 

WHEREAS, the Center for Disease Control (CDC) has issued guidance on the emerging and rapidly evolving situation of the COVID-19 pandemic, including how to protect oneself from this illness; and

 

WHEREAS, social distancing is recommended by the CDC to prevent the continued spreading of this illness in the community; and

 

WHEREAS, due to the COVID-19 pandemic, on March 15, Mayor Keisha Lance Bottoms declared there to be an emergency in existence within the City of Atlanta pursuant to Section 2-181(a) of the City of Atlanta Code of Ordinances; and

 

WHEREAS, on March 15, 2020 in order to ensure the safety of City employees and members of the public, all City of Atlanta facilities, including City Hall and Municipal Court were closed to the public beginning March 16, 2020, until further notice; and

 

WHEREAS, on March 16, 2020, the CDC advised that due to the COVID-19 pandemic, all events in the United States of ten (10) or more people should be cancelled or held virtually; and

 

WHEREAS, pursuant to Section 2-182(2) of the City of Atlanta Code of Ordinances, the Mayor may issue executive orders which apply to events of short duration and which expire at the next meeting of the Atlanta City Council subsequent thereof unless ratified by a majority vote of the members present and voting; and

 

WHEREAS, the City of Atlanta issues permits in accordance with Chapter 142 of the City of Atlanta Code of Ordinances for certain outdoor gatherings located within the city, regardless of whether the gathering is held on public property or private property; and

 

WHEREAS, the Outdoor Events Chapter does not apply to events that are being held exclusively indoors; and

 

WHEREAS, the City of Atlanta permits the sale of alcoholic beverages for special events by an individual or organization for consumption on the premises during special events and outdoor festivals through the issuance of permits in accordance with Chapter 10, Article II, Division 3 of the City of Atlanta Code of Ordinances; and

 

WHEREAS, accordingly, and in accordance with the guidance of the CDC concerning events of 10 or more persons, Mayor Bottoms issued an executive order via which the Mayor’s office of Special Events and the City of Atlanta Department of Parks and Recreation were ordered to accept no new applications for permits or sub-permits for or relating to events to be held in the City of Atlanta governed by Chapter 142 of the City of Atlanta Code of Ordinances, and via which the Atlanta Police Department was to accept no new applications for special events governed by Chapter 10, Article II, Division 3 of the City of Atlanta Code of Ordinances; and

 

WHEREAS, Mayor Bottoms has reissued this order as necessary through the date of the approval of this Ordinance in accordance with Section 2-182(2) of the City of Atlanta Code of Ordinances; and

 

WHEREAS, on March 23, 2020 Mayor Bottoms declared there to be the existence of an emergency within the City of Atlanta, which has been re-issued no later than every 72 hours thereafter through the date of the approval of this Ordinance in accordance with Section 2-181 of the City of Atlanta Code of Ordinances; and

 

WHEREAS, on April 2, 2020, Governor Kemp signed an executive order to Ensure a Safe and Healthy Georgia (Executive Order 04.02.20.01) to address the COVID-19 pandemic by implementing temporary actions necessary and appropriate to protect the health, safety, and welfare of Georgia’s residents and visitors, including a directive requiring all persons in the State of Georgia to shelter in place within their homes or places of residence, effective beginning at 6:00 P.M. on Friday, April 3, 2020 and expiring at 11:59 P.M. on Monday, April 13, 2020; and

 

WHEREAS, on April 8, 2020, Governor Kemp signed an executive order (Executive Order 04.08.20.02) extending the duration of Executive Order 04.02.20.01 such that it shall not expire until April 30, 2020 at 11:59 P.M.; and

 

WHEREAS, pursuant to Executive Order 04.08.20.02, Governor Kemp also extended the public health state of emergency for the State of Georgia through May 13, 2020; and

 

WHEREAS, due to the current state of emergency resulting from the COVID-19 pandemic and in accordance with CDC guidance, it remains unsafe for gatherings to occur in accordance with permits issued by the City of Atlanta in accordance with Chapter 142 and Chapter 10 of the City of Atlanta Code of Ordinance; and

 

WHEREAS, thus, it is the desire of the Atlanta City Council that the Mayor’s office of Special Events and the City of Atlanta Department of Parks and Recreation shall continue to accept no new applications for permits or sub-permits for or relating to events to be held in the City of Atlanta governed by Chapter 142 of the City of Atlanta Code of Ordinances; and

 

WHEREAS, it is also the desire of the Atlanta City Council that the Atlanta Police Department shall continue to accept no new applications for special events governed by Chapter 10, Article II, Division 3 of the City of Atlanta Code of Ordinances; and

 

WHEREAS, accordingly it is the desire of the Atlanta City Council to ratify Mayor Bottoms’ Executive Order via which the Mayor’s office of Special Events and the City of Atlanta Department of Parks and Recreation were ordered to accept no new applications for permits or sub-permits for or relating to events to be held in the City of Atlanta governed by Chapter 142 of the City of Atlanta Code of Ordinances, and via which the Atlanta Police Department was to accept no new applications for special events governed by Chapter 10, Article II, Division 3 of the City of Atlanta Code of Ordinances; and

 

WHEREAS, it is the desire of the Atlanta City Council that the moratorium on the acceptance of permits in accordance herewith shall remain in effect until such time as the Mayor shall issue an executive order in accordance with Section 2-182 of the City of Atlanta Code of Ordinances referencing the authority given pursuant to this Ordinance, and declaring that in accordance with the latest scientific and medical expert information concerning the COVID-19 pandemic, gatherings may occur in accordance with permits issued by the City of Atlanta in accordance with Chapter 142 and Chapter 10 of the City of Atlanta Code of Ordinances.

 

WHEREAS, it is the desire of the Atlanta City Council that any person or entity in possession of a permit issued in accordance with Chapter 142 or Chapter 10, Article II, Division 3 of the City of Atlanta Code of Ordinances for an event scheduled to occur following the World Health Organization’s declaration of the COVID-19 pandemic on March 11, 2020 shall be permitted to have the City of Atlanta apply the application and permit fees paid in connection with such permit, to a new permit application for an event occurring anytime through March 31, 2021.

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, AS FOLLOWS:

 

SECTION 1.              Mayor Keisha Lance Bottoms’ Executive Order via which the Mayor ordered the Mayor’s office of Special Events and the City of Atlanta Department of Parks and Recreation to accept no new applications for permits or sub-permits for or relating to events to be held in the City of Atlanta governed by Chapter 142 of the City of Atlanta Code of Ordinances, and via which the Atlanta Police Department was ordered to accept no new applications for special events governed by Chapter 10, Article II, Division 3 of the City of Atlanta Code of Ordinances in accordance with the City’s response to the COVID-19 pandemic, is hereby ratified.

 

SECTION 2.              Pursuant to this ratification, the Mayor’s office of Special Events and the City of Atlanta Department of Parks and Recreation shall continue to accept no new applications for permits or sub-permits for or relating to events to be held in the City of Atlanta governed by Chapter 142 of the City of Atlanta Code of Ordinances, and the Atlanta Police Department shall continue to accept no new applications for special events governed by Chapter 10, Article II, Division 3 of the City of Atlanta Code of Ordinances.

 

SECTION 3.              The moratorium on the acceptance of permits in accordance herewith shall remain in effect until such time as the Mayor shall issue an executive order in accordance with Section 2-182 of the City of Atlanta Code of Ordinances referencing the authority given pursuant to this Ordinance, and declaring that in accordance with the latest scientific and medical expert information concerning the COVID-19 pandemic, gatherings may occur in accordance with permits issued by the City of Atlanta in accordance with Chapter 142 and Chapter 10 of the City of Atlanta Code of Ordinances.

 

SECTION 4.              Any person or entity in possession of a permit issued in accordance with Chapter 142 or Chapter 10, Article II, Division 3 of the City of Atlanta Code of Ordinances for an event scheduled to occur anytime following the World Health Organization’s declaration of the COVID-19 pandemic on March 11, 2020 through the date of the conclusion of the moratorium declared by executive order in accordance with Section 3 of this Ordinance, shall be entitled to have the City of Atlanta apply the application and permit fees paid in connection with such permit, to a new permit application for an event to occur within one year following the date of the conclusion of this moratorium.

 

SECTION 5.              All ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict, only.

 

SECTION 6.              This Ordinance shall be effective immediately upon approval.

 

 

 

Meeting History

Apr 20, 2020 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Apr 28, 2020 1:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
MOVER:Carla Smith, District 1
SECONDER:Matt Westmoreland, Chair, Post 2 At-Large
AYES:Matt Westmoreland, Carla Smith, Amir R Farokhi, Antonio Brown, Natalyn Mosby Archibong, Joyce M Sheperd
EXCUSED:Michael Julian Bond
May 4, 2020 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 15 YEAS; 0 NAYS

RESULT:ADOPTED ON SUBSTITUTE [UNANIMOUS]
MOVER:Carla Smith, Councilmember, District 1
SECONDER:Andre Dickens, Councilmember, Post 3 At Large
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd