[HISTORY: Adopted by the Mayor and Council of the City of
Seat Pleasant: Art. I, at time of adoption of Code (see Ch. 1, General
Provisions, Art. I). Amendments noted where applicable.]
A.
It is found and declared that:
(1)
Having encountered previous acts of destruction and deadly violence
in Seat Pleasant during previous musical performances, the following
regulations of this Article recognize the city's right to protect
the safety, health and welfare of the residents and visitors of the
city.
(2)
Musical performances in public facilities are constitutionally protected
expressions of speech which serve to primarily entertain their patrons
and allow the performers an opportunity to express their artistic
views.
(3)
Reasonable regulation of musical performances in public facilities
are necessary to protect the public health, safety and welfare.
B.
The regulations in this Article are not intended to prohibit or hamper
speech which is protected by the First and Fourteenth Amendments of
the United States Constitution, but merely to regulate specific activity
which endangers the public welfare.
As used in this Article, the following terms shall have the
meanings indicated:
Any anticipated gathering which exceeds 50 persons.
The city limits of Seat Pleasant, Maryland.
All varieties of musical expression performed for profit.
All property which is privately owned and operated in the
city limits of Seat Pleasant, Maryland.
All facilities open to or designated for public use, such
as public parks and sidewalks, as well as the interior and areas surrounding
public buildings.
All persons or groups seeking to sponsor musical performances
in any public facility within the city.
A.
Before any musical performance can be sponsored at a public facility
in the city, the sponsor will need to do the following:
(1)
Ascertain the full name, mailing address and telephone number of
the person or organization sponsoring, promoting or conducting the
proposed activity.
(2)
Ascertain the full name, mailing address and telephone number of
the individual person or persons who will have supervision of and
responsibility for the proposed activities.
(3)
Ascertain the full name or stage name of the group, mailing address
and telephone number of individual person or persons who will be in
the performance.
(5)
Disclose the location, time and duration of the proposed musical
performance.
B.
The following gate policies must be adhered to by all sponsors of
musical performances:
(1)
Each person who enters the musical performance must be scanned by
a metal detector for possible concealment of a dangerous weapon.
(2)
Once persons have entered the area designated for the musical performance,
they will not be permitted to leave and reenter without paying full
admission.
(3)
The sponsor is required to clear the public facility within one hour
after the performance ends.
The following sponsors of musical events shall be exempt from the requirements of § 80-3, but shall otherwise be required to comply with the provisions of this Article:
A.
All religious, nonprofit and charitable organizations, including
school groups.
No musical performance will be permitted in a public facility
unless the sponsor furnishes proof to the city of a public liability
bond or insurance policy in an amount not less than $200,000 for property
damage and injuries, including injury resulting in death, as a proximate
cause of the musical event.
No musical performance will be permitted in a public facility
unless the sponsor deposits $500 in advance as a reasonable security
deposit to assure that the premises will be returned in a satisfactory
condition. The deposit will then be held in escrow and returned to
the sponsor if the premises are returned in a satisfactory condition.
In addition to any site agreement signed with the city, the
sponsor shall be required to sign an agreement with the city prior
to the date of the scheduled event to indemnify and defend the city
for any and all acts resulting in bodily injury, property damage and
death resulting at the musical event.
