[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.
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:
(a)
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.)
(b)
A statement of the kind, character and type of proposed assembly.
(c)
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.
(d)
The date or dates and hours during which the proposed assembly is
to be conducted.
(e)
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:
(a)
Police and fire protection.
(b)
Food and water supply and facilities.
(c)
Health and sanitation facilities.
(d)
Medical facilities and services including emergency vehicles and
equipment.
(e)
Vehicle access and parking facilities.
(f)
Camping and trailer facilities.
(g)
Illumination facilities.
(h)
Communications facilities.
(i)
Noise control and abatement.
(j)
Facilities for clean up and waste disposal.
(k)
Insurance and bonding arrangements.
(l)
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:
(a)
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.
(b)
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.
(c)
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:
|
Facilities
|
Male
|
Female
|
All Persons
|
|---|---|---|---|
|
Toilets
|
1:300
|
1:200
| |
|
Urinals
|
1:100
| ||
|
Lavatories
|
1:200
|
1:200
| |
|
Drinking fountains
|
1:500
| ||
|
Taps or faucets
|
1:500
|
|
Where the assembly is to continue for more than 12 hours, the
licensee shall provide shower facilities, on the basis of the number
of attendants, in the following manner:
|
|
Facilities
|
Male
|
Female
|
|---|---|---|
|
Shower heads
|
1:100
|
1:100
|
|
All facilities shall be installed, connected, and maintained
free from obstructions, leaks, and defects and shall at all times
be in operable condition as determined by the Director of the Department
of Community and Neighborhood Services.
|
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(j)
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.
(k)
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.
(l)
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.
(m)
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.
(n)
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.
(o)
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.
(p)
The licensee shall, at his or her own expense, take adequate steps,
as determined by the City Fire Chief, to insure fire protection.
(q)
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.
(r)
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.
(s)
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]
(a)
It shall be unlawful for a licensee, his or her employee or agent
to knowingly:
(1)
Advertise, promote or sell tickets to, conduct or operate an
assembly without first obtaining a license as herein provided.
(2)
Conduct or operate an assembly in such a manner as to create
a public or private nuisance.
(3)
Conduct or permit, within the assembly, any obscene display,
exhibition, show, play, entertainment or amusement.
(4)
Permit any person on the premises to cause or create a disturbance
in, around or near the assembly by obscene or disorderly conduct.
(5)
Permit any person to unlawfully consume, sell or possess intoxicating
liquor while on the premises.
(6)
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.
(b)
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.
(c)
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.
