[Ord. No. 585]
The City Council hereby finds and declares that the interests of the public health, safety, and welfare of the citizens of the City require the regulation, licensing and control of assemblages of large numbers of people in excess of those normally drawing upon the health, sanitation, fire, police, transportation, utility and other public services regularly provided in the City.
[Ord. No. 585]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Any person who obtains admission to an outdoor assembly by the payment of money or by the rendering of services in lieu of the payment of money for admission.
- Any person to whom a license is issued pursuant to this chapter.
- OUTDOOR ASSEMBLY
- Any event attended by more than 500 attendants, all or any part of which includes a theatrical exhibition, public show, display, entertainment, amusement or other exhibition, including, but not limited to, musical festivals, rock festivals, peace festivals or similar gatherings, but does not mean:
- Any natural person, partnership, corporation, association or organization.
- Any person who organizes, promotes, conducts or causes to be conducted an outdoor assembly.
[Ord. No. 585]
A person shall not sponsor, operate, maintain, conduct or promote an outdoor assembly in the City unless he or she shall have first made application for, and obtained, as hereinafter prescribed, a license for each such assembly.
[Ord. No. 585; Ord. No. 1069, 10-7-1992]
Application for a license to conduct an outdoor assembly must be made in writing on such forms and in such manner as prescribed by the City Clerk and shall be made at least 60 days prior to the date of the proposed assembly. Each application shall be accompanied by a nonrefundable fee as established by a resolution adopted by City Council. Such application shall set forth the following:
The name, age, residence and mailing address of the person making the application. (Where the person making the application is a partnership, corporation or other association, this information shall be provided for all partners, officers and directors, or members. Where the person is a corporation, a copy of the Articles of Incorporation shall be filed, and the names and addresses shall be provided of all shareholders having financial interest greater than $500.)
A statement of the kind, character and type of proposed assembly.
The address, legal description and proof of ownership of the site at which the proposed assembly is to be conducted. Where ownership is not vested in the prospective licensee, he or she shall submit an affidavit from the owner indicating his or her consent to the use of the site for the proposed assembly.
The date or dates and hours during which the proposed assembly is to be conducted.
An estimate of the maximum number of attendants expected at the assembly for each day it is conducted and a detailed explanation of the evidence of admission which will be used and of the sequential numbering or other method which will be used for accounting purposes.
[Ord. No. 585]
Each application shall be accompanied by a detailed explanation, including drawings and diagrams where applicable, of the prospective licensee's plans to provide for the following:
Police and fire protection.
Food and water supply and facilities.
Health and sanitation facilities.
Medical facilities and services including emergency vehicles and equipment.
Vehicle access and parking facilities.
Camping and trailer facilities.
Noise control and abatement.
Facilities for clean up and waste disposal.
Insurance and bonding arrangements.
Map or maps of the overall site of the proposed assembly.
[Ord. No. 585]
On receipt by the City Clerk, copies of the application shall be forwarded to the Police Chief of the City, the Fire Chief of the City and such other public officials as the City Clerk deems necessary to fulfill the conditions and requirements of this chapter. Such officers and officials shall review and investigate all matters relevant to the application and within 20 days of receipt thereof shall report their findings and recommendations to the City Council.
[Ord. No. 585]
Within 30 days of the filing of the application, the City Council shall issue set conditions prerequisite to the issuance of, or deny, a license. Such conditions prerequisite shall be based only upon the express terms of this chapter. In any case where conditions are imposed as prerequisite to the issuance of a license, or where a license is denied, notice of such action must be mailed to the applicant, by certified mail, at least five days prior to such action, and in the event of a denial the reasons therefor shall be stated in the notice. The applicant shall have the right to appeal such action to the City Council and to be heard by the City Council at the next regular meeting of the City Council.
A license may be denied if the applicant fails to comply with any or all requirements of this chapter, or with any or all conditions imposed pursuant hereto, or with any other applicable provision of state or local law; or if the applicant has knowingly made a false, misleading or fraudulent statement in the application or in any supporting document.
[Ord. No. 585]
A license shall specify the name and address of the licensee, the kind and location of the assembly, the maximum number of attendants permissible, the duration of the license and any other conditions imposed pursuant to this chapter. It shall be posted in a conspicuous place upon the premises of the assembly, and shall not be transferred to any other person or location.
[Ord. No. 585]
The City Council may revoke a license whenever the licensee, his or her employee or agent fails, neglects or refuses to fully comply with any and all provisions and requirements set forth in this chapter or with any and all provisions, regulations, ordinances, statutes or other laws incorporated herein by reference.
[Ord. No, 585; amended 1-17-2018 by Ord. No. 1710]
In issuing a license pursuant to this chapter, the City Council shall require the following:
Based upon the maximum number of persons proposed to be admitted to the public assembly per day, as disclosed by the application, if such number exceeds 499 persons and if the City Council, in its discretion, determines that the public safety and welfare make it desirable that police personnel be assigned to the vicinity of licensee's assembly, the licensee shall be obligated to reimburse the City for the actual expense in providing such police service to the extent of two officers for the first 500 persons and one additional officer for each additional 200 persons thereafter.
The licensee shall provide potable water, sufficient in quantity and pressure to assure proper operation of all water-using facilities under conditions of peak demand. Such water shall be supplied from a public water system, if available, and if not available, then from a source constructed, located and approved in accordance with MCLA § 333.12701, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law, or from a source and delivered and stored in a manner approved by the Director of the Department of Community and Neighborhood Services of the City.
The licensee shall provide separate enclosed flush-type water closets as defined in Act 266, Public Acts of 1929, and the rules and regulations adopted pursuant thereto and in accordance with any other applicable state or local law. If such flush-type facilities are not available, the Director of the Department of Community and Neighborhood Services of the City may permit the use of other facilities which are in compliance with MCLA § 333.12771, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. The licensee shall provide lavatory and drinking water facilities constructed, installed and maintained in accordance with Act 266 of the Public Acts of 1929, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. All lavatories shall be provided with hot and cold water, soap, and paper towels. The number and type of facilities required shall be determined, on the basis of the number of attendants, in the following manner:
If food service is made available on the premises, it shall be delivered only through concessions licensed and operated in accordance with the provisions of Act 269, Public Acts of 1968, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. If the assembly is distant from food service establishments open to the public, the licensee shall make such food services available on the premises as will adequately feed the attendants.
If the assembly is not readily and quickly accessible to adequate existing medical facilities, the licensee shall be required to provide such facilities on the premises of the assembly. The kind, location, staff strength, medical and other supplies and equipment of such facilities shall be as prescribed by the Department of Community and Neighborhood Services of the City.
The licensee shall provide for liquid waste disposal in accordance with all rules and regulations pertaining thereto established by the Department of Community and Neighborhood Services of the City. If such rules and regulations are not available or if they are inadequate, then liquid waste disposal shall be in accordance with the United States Public Health Service Publication No. 526, entitled "Manual of Septic Tank Practice." If liquid waste retention and disposal is dependent upon pumpers and haulers, they shall be licensed in accordance with Act 243, Public Acts of 1951, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law, and, prior to issuance of any license, the licensee shall provide the Department of Community and Neighborhood Services of the City with a true copy of an executed agreement in force and effect with a licensed pumper or hauler, which agreement will assure proper, effective, and frequent removal of liquid waste from the premises so as to neither create nor cause a nuisance or menace to the public health.
The licensee shall provide for solid waste storage on, and removal from, the premises. Storage shall be in approved, covered, fly-tight and rodent-proof containers, provided in sufficient quantity to accommodate the number of attendants. Prior to issuance of any license, the licensee shall provide the Department of Community and Neighborhood Services of the City with a true copy of an executed agreement in force and effect with a licensed refuse collector, which agreement will assure proper, effective and frequent removal of solid waste from the premises so as to neither create nor cause a nuisance or menace to the public health. The licensee shall implement effective control measures to minimize the presence of rodents, flies, roaches and other vermin on the premises. Poisonous materials, such as insecticides or rodenticides, shall not be used in any way so as to contaminate food, equipment, or otherwise constitute a hazard to the public health. Solid waste containing food waste shall be stored so as to be inaccessible to vermin. The premises shall be kept in such condition as to prevent the harborage or feeding of vermin.
The licensee shall provide or make available or accessible public bathing beaches only in accordance with Act 218, Public Acts of 1967, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
The licensee shall provide or make available public swimming pools only in accordance with Act 230, Public Acts of 1966, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
The licensee shall provide for ingress to and egress from the premises so as to insure the orderly flow of traffic onto and off the premises. Access to the premises shall be from a highway or road which is a part of the county system of highways or which is a highway maintained by the state. Traffic lanes and other space shall be provided, designated and kept open for access by ambulance, fire equipment, helicopter and other emergency vehicles. Prior to the issuance of a license, the City Police Chief must approve the licensee's plan for access and traffic control.
The licensee shall provide a parking area sufficient to accommodate all motor vehicles, but in no case shall be provide less than one automobile space for every four attendants.
A licensee who permits attendants to remain on the premises between the hours of 2:00 a.m. and 6:00 a.m. shall provide for camping and trailer parking and facilities in accordance with Act 171, Public Acts of 1970, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision by state or local law.
The licensee shall provide electrical illumination of all occupied areas sufficient to insure the safety and comfort of all attendants. The licensee's lighting plan shall be approved by the City Manager.
Before the issuance of a license, the licensee shall obtain public liability insurance with limits of not less than $100,000 and property damage insurance with a limit of not less than $25,000 from a company or companies approved by the Commissioner of Insurance of the state, which insurance shall insure liability for death or injury to persons or damage to property which may result from the conduct of the assembly or conduct incident thereto and which insurance shall remain in full force and effect in the specified amounts for the duration of the license. The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the City Clerk in writing at least 10 days before the expiration or cancellation of such insurance.
Before the issuance of a license, the licensee shall obtain, from a corporate bonding company authorized to do business in Michigan, a corporate surety bond in the amount of $10,000 in a form to be approved by the City Attorney, conditioned upon the licensee's faithful compliance with all of the terms and provisions of this chapter and all applicable provisions of state or local law, and which shall indemnify the City, its agents, officers and employees and the City Council against any and all loss, injury or damage whatever arising out of or in any way connected with the assembly and which shall indemnify the owners of property adjoining the assembly site for any costs attributable to cleaning up and/or removing debris, trash or other waste resulting from the assembly.
The licensee shall, at his or her own expense, take adequate steps, as determined by the City Fire Chief, to insure fire protection.
The licensee shall erect a fence completely enclosing the site, of sufficient height and strength as will preclude persons in excess of the maximum permissible attendants from gaining access and which will have sufficient gates properly located so as to provide ready and safe ingress and egress.
The licensee shall so conduct his or her activity that it shall not give rise to a nuisance by reasons of noise, vibrations, smoke, odor or dust.
The licensee shall limit his or her activities to the hours specified in his or her license.
[Ord. No. 585; amended 1-17-2018 by Ord. No. 1710]
It shall be unlawful for a licensee, his or her employee or agent to knowingly:
Advertise, promote or sell tickets to, conduct or operate an assembly without first obtaining a license as herein provided.
Conduct or operate an assembly in such a manner as to create a public or private nuisance.
Conduct or permit, within the assembly, any obscene display, exhibition, show, play, entertainment or amusement.
Permit any person on the premises to cause or create a disturbance in, around or near the assembly by obscene or disorderly conduct.
Permit any person to unlawfully consume, sell or possess intoxicating liquor while on the premises.
Permit any person to unlawfully use, sell or possess any narcotics, narcotic drugs, drugs or other substances, as defined in Act 368, Public Acts of 1978, MCLA § 333.7101 et seq.
Any of the above-enumerated violations is a separate offense, is a nuisance per se immediately enjoinable in the circuit courts, and, is punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $100, or by both such fine and imprisonment.
It is further provided that any of the above violations is a sufficient basis for revocation of the license and for the immediate enjoining in the circuit court of the assembly.