[R.O. 2007 § 605.775; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3896 § 1, 9-25-2003]
All provisions of Article I of Chapter 605 of the City Code shall apply to this Article, and any license issued hereunder specifically including, but not limited to, the provisions thereof with respect to suspension, revocation, denial or renewal of licenses, penalty fees, and the investigation fee set forth in Section 605.013 with respect to an "Outdoor Music Festival". However, the specific provisions of this Article shall control and take precedence over any provision of Article I of Chapter 605 to the contrary. Any provision of this Article which addresses the same topic as Article I of Chapter 605 but which is not in conflict with the provisions of Article I of Chapter 605 shall be read in conjunction with and as an alternative to the provisions of Article I of Chapter 605.
[R.O. 2007 § 605.780; CC 1979 § 4-109; Ord. No. 802 § 2, 5-26-1983; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3896 § 1, 9-25-2003]
It shall be unlawful for any person to allow, permit, encourage, promote, conduct, organize or advertise any Outdoor or Indoor Musical Festival unless a valid City Outdoor Musical Festival business license or a valid City Indoor Musical Festival permit is first obtained. A separate license or permit shall be required for each Outdoor or Indoor Musical Festival.
[R.O. 2007 § 605.790; CC 1979 § 4-110; Ord. No. 802 § 2, 5-26-1983; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3896 § 1, 9-25-2003; Ord. No. 5779 § 1, 8-9-2012]
A. 
A written application for a license for an Outdoor Musical Festival shall be submitted to the City Clerk on forms provided by the City, and shall include the following information:
1. 
The name, address and phone number of the individual acting on behalf of any person who is conducting an Outdoor Musical Festival.
2. 
If the person conducting the Outdoor Musical Festival shall be an organization, then a complete list of its officers, directors, partners or members, together with a copy of its Articles of Incorporation or Organization and Certificate of Incorporation or Organization, along with addresses and phone numbers of each shall be attached.
3. 
The duration of the Outdoor Musical Festival (dates and hours).
4. 
The location of the Outdoor Musical Festival.
5. 
An estimate of the number of individuals expected to attend the gathering, together with a list of the persons performing the music.
6. 
A complete list of proposed structures or tents to be erected to include their size and the location of adjacent structures and obstructions which might hinder the free ingress and egress of persons or vehicles from the exits, subject to approval from the City Building Commissioner and the appropriate Fire Protection District.
7. 
A complete list of the sanitation facilities to be provided at the gathering, including, but not limited to, toilet facilities, trash disposal facilities, medical facilities, water facilities, camping facilities and eating facilities, each subject to approval of the City Health and Environmental Services Department.
8. 
A cash deposit in the amount of five hundred dollars ($500.00) shall accompany the application, which shall secure the applicant's removal of all litter from the site of the Outdoor Musical Festival upon its termination. Should it be necessary for the City to remove litter from the site, the cost of such removal shall be deducted from the cash deposit, and the remainder returned to the applicant.
9. 
What security arrangements will be made to secure the peace during the gathering, such to the approval of the City's Police Department.
10. 
Written permission of the property owner attached, if other than applicant, where the Outdoor Musical Festival will be held.
11. 
Applicant shall procure and maintain for the duration of the Outdoor Music Festival insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the conduct of the Outdoor Music Festival by the applicant, its agents, representatives, and employees, including those insurance coverages set forth below. All such insurance policies shall name the City as an additional issued with a subrogation waiver. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. The cost of such insurance shall be paid by applicant.
a. 
Minimum Limits Of Insurance.
(1) 
Comprehensive General Liability or Broad Form Comprehensive General Liability to cover claims which may arise from operation of the Outdoor Music Festival. The policy will include protection for the following hazards:
(2) 
Premises and Operations — Bodily Injury and Property Damage Liability.
(3) 
Independent Contractors Coverage.
(4) 
Products and Completed Operations Liability coverage to apply one (1) year beyond completion of the Outdoor Music Festival.
(5) 
Personal Injury Liability.
(6) 
Broad Form Property Damage.
(7) 
Contractual Liability.
(8) 
Explosion, collapse, and underground damage.
(9) 
The above policy shall be written with limits of at least one million dollars ($1,000,000.00) each occurrence and three million dollars ($3,000,000.00) aggregate.
b. 
Deductibles And Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either; the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the applicant shall procure a bond guaranteeing payment of losses and related investigations, claim administrative and defense expense.
c. 
Other Insurance Provisions.
(1) 
The applicant shall also obtain and pay for insurance policies that contain, or are endorsed to contain, the following provisions:
(2) 
Public Liability, Property Damage, General Liability and Automobile Liability coverages for liability arising out of activities performed by, or on behalf of, the applicant; products and completed operations of the applicants; premises owned, occupied or used by the applicant; or automobiles owned, leased, hired or borrowed by the applicant.
(3) 
Applicant's Contingent or Protective Liability and Property Damage to protect the applicant from any and all claims arising from the operations of any person employed by the applicant.
(4) 
Protective Liability Policy in the name of the applicant for operations of the applicant or any person employed by applicant in connection with the Outdoor Music Festival.
(5) 
The coverage shall be for a minimum of two million dollars ($2,000,000.00), and shall contain no special limitations on the scope of protection afforded to the City, its officers, officials or employees.
(6) 
The applicant's insurance coverage shall be primary insurance as respects the City, its officers, officials, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the applicant's insurance and shall not contribute with it.
(7) 
Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, or employees.
(8) 
The applicant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
d. 
Acceptability Of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VI.
e. 
Verification Of Coverage. Applicant shall furnish the City with certificates of insurance. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, and are to be received and approved by the City before the Outdoor Music Festival commences. The City of St. Peters reserves the right to require complete, certified copies of all required insurance policies to be produced at any time.
f. 
Independent Contractors. Applicants shall include all independent contractors, such as musicians, as insureds under its policies or shall furnish separate certificates of each independent contractor. All coverages for independent contractors shall be subject to all of the requirements stated herein.
g. 
Indemnification. To the fullest extent not prohibited by law, the applicant shall defend, indemnify and hold harmless the City of St. Peters, its officials, agents and employees from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, losses, penalties, fines, costs, and expenses of whatsoever kind or character in connection with an Outdoor Music Festival, except where caused by the sole negligence of the City.
12. 
Such application shall be submitted sixty (60) days or more prior to the date upon which such Outdoor Musical Festival is to be held and shall be conditionally approved or denied within forty-five (45) days after the application has been filed with the City Clerk's office. Failure to act within such period shall constitute approval of the application. If the application for the license is denied, the denial shall be in writing setting forth the reasons for the denial.
[R.O. 2007 § 605.800; CC 1979 § 4-111; Ord. No. 802 § 2, 5-26-1983; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3896 § 1, 9-25-2003]
Upon determination that the proposed Outdoor Musical Festival shall comply with the provisions of this and other applicable City ordinances and receipt of the license fee as set forth in the fee schedule at Section 605.013, the City Clerk shall issue a license. The term of the license shall be for the duration of the Outdoor Musical Festival as set forth in the application.
[R.O. 2007 § 605.805; CC 1979 § 4-112; Ord. No. 802 § 2, 5-26-1983; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3896 § 1, 9-25-2003]
All not-for-profit organizations shall be exempt from payment of the license fee, but not the requirement to obtain such a license.
[R.O. 2007 § 605.810; CC 1979 § 4-103; Ord. No. 802 § 2, 5-26-1983; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3896 § 1, 9-25-2003; Ord. No. 5779 § 2, 8-9-2012]
A. 
Any Outdoor Musical Festival conducted pursuant to this Article shall comply with the following rules:
1. 
Hours of operation shall be limited from 1:00 P.M. to 10:00 P.M. Upon special consideration, with approval from the City Administrator or the Chief of Police, the hours may be extended to 12:00 Midnight.
2. 
Adequate restroom facilities for both sexes shall be provided on the premises of such Outdoor Musical Festival.
3. 
All electrical wiring and lighting for the performance of the music must be approved by the City Engineer.
4. 
Adequate facilities for the disposal of trash and debris shall be provided on the premises.
5. 
Adequate parking shall be provided on the premises.
6. 
The premises shall be inspected prior to and on completion of the Outdoor Musical Festival by the Chief of Police or his/her designee to determine that the requirements of this Section and any other ordinances of the City which are applicable have been complied with.
7. 
The area where such Outdoor Musical Festival is conducted shall be cleaned after the cessation of such operation, and all trash, litter and other debris shall be removed.
8. 
The noise level and other activity associated with the Outdoor Musical Festival shall be such as to not constitute a public nuisance or a disturbance of the peace.
9. 
Any type of structure proposed to be used or built to conduct the Outdoor Musical Festival shall have received any required building or other necessary permits from the City, and the appropriate Fire Protection District, if applicable.
[R.O. 2007 § 605.815; CC 1979 § 4-113; Ord. No. 802 § 2, 5-26-1983; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3896 § 1, 9-25-2003]
Any license or permit issued pursuant to this Article may be revoked by the City Clerk upon a determination that the conduct of an Indoor or Outdoor Music Festival is in violation of this Section or is so conducted as to endanger the public peace, health, safety and welfare of the citizens of this City. The Chief of Police, or his/her designee, shall have the authority to take action to ensure the public peace, health, safety and welfare of the citizens of the City is preserved, such action may include the immediate suspension of any license or permit issued and the suspension of the Indoor or Outdoor Musical Festival.
[R.O. 2007 § 605.817; Ord. No. 3896 § 1, 9-25-2003; Ord. No. 7729, 11-10-2022]
A written application shall be made to the City Clerk by any person desiring to conduct an indoor musical festival, setting forth the time and place of the indoor musical festival and the security arrangements for the same, the expected number of persons to be present and a list of the persons to be performing the music. Written permission of the property owner where the festival is to be conducted, if other than the applicant, shall be provided and such other additional information as may be reasonably necessary to evaluate the application if requested by the City Clerk. The City Clerk may refuse to issue a permit for an indoor musical festival unless an application therefor is filed with him/her at least thirty (30) days before the time thereof, and he/she has determined, in his/her reasonable discretion, that adequate security arrangements have been made to secure the public peace from disturbance and the health, safety and welfare of the persons attending.