[Code 1993, § 12.19(1)]
(a) 
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
FESTIVAL
Includes any exhibition, parade, museum, carnival, circus, or any indoor or outdoor music concert or other entertainment, or any celebration or commemoration of any day or event which is:
(1) 
Open to the public.
(2) 
Temporary in nature (i.e., not lasting more than 15 days in one calendar year).
(3) 
Intended or is reasonably anticipated that 1,000 or more people in total will attend.
(b) 
Events lasting more than 15 days shall be considered permanent in nature and, while not subject to licensing under this article, shall be subject to all other applicable ordinances, laws and regulations.
[Code 1993, § 12.19(2)]
It is the intent of the Village Board to regulate festivals to provide for the health, safety and welfare of all persons, residents and visitors alike, who attend festivals in the Village.
[Code 1993, § 12.19(3)]
(a) 
No person shall promote, operate, conduct or maintain a festival in the Village without a license for such festival or in a manner contrary to the terms of this article or any other applicable ordinance, law or regulation. A minimum nonrefundable fee as provided in § 46-431 shall be charged for the license and shall be submitted by the applicant to the Clerk-Treasurer with a written application. The application shall be submitted not less than 60 days before the proposed festival.
(b) 
If it is determined the Village will incur administrative costs or costs associated with providing fire, police, utility and emergency services as a result of the festival, which costs exceed the minimum license fee, the Village Board may require additional licensing fees in an amount sufficient to pay all or a portion of the expenses which will be incurred by the Village.
(c) 
Approval, conditional approval or denial of applications shall be made by the Village Board following review and recommendations by the Chief of Police, Fire Chief, Health Officer, Public Works Director, Highway Superintendent, License Committee and Plan Commission of the Village.
(d) 
The applicant shall include the following information in the application:
(1) 
Name, address and date of birth of the applicant and, if such application is made in a representative capacity, the name, address and place of business of the applicant, and references, if required by the Village.
(2) 
Address, telephone number and description of the proposed festival site.
(3) 
A description of the uses, activities, business or operations to occur on the festival site as part of the festival, the festival events scheduled, the hours and dates of operation of the festival, projected attendance in total and the projected largest attendance at any one time.
(4) 
Name, address and place of business of any vendor that will sell or distribute any food, drink or other product or who will operate any ride, carnival or other entertainment at the festival.
(5) 
A description of any proposed construction plans for the site to accommodate the festival, including descriptions of temporary structures, such as bleachers, if any.
(6) 
A description of the parking facilities and parking supervision, with access roads for vehicular traffic designated, and projected largest number of vehicles anticipated at any one time.
(7) 
A proposed security plan for maintaining order and preserving the safety of the persons attending the festival, as well as for the security and safety of property and persons near the proposed festival site, which shall include a description of any proposed private security guards, police and fire protection, rescue and emergency squad protection and the communication system to be utilized to ensure proper communication in the event of an emergency.
(8) 
A description of the utility and sanitary services necessary to operate the festival, which shall include a description of the electrical and water services to be utilized, as well as toilet facilities.
(9) 
A description of proposed disabled facilities, which shall include a description of disabled parking and access.
(10) 
If alcohol beverages are to be sold or consumed, a description of the proposed vending site, the hours of operation for selling or serving of alcohol beverages and the proposed means of preventing minors from frequenting or loitering near the areas where alcohol beverages are served or consumed.
(11) 
The applicant's agreement to indemnify and hold harmless the Village, its agents, officers and employees from any and all liability which may arise from occurrences at the festival, including any claims or damages arising out of conduct or violation of law by vendors.
(12) 
A certificate of insurance or an insurance commitment naming the Village, its agents, officers and employees as named insureds on the applicant's policy of applicable liability insurance for the festival, with limits of liability not less than $1,000,000 per occurrence and $1,000,000 in the aggregate. Insurance covering liquor liability shall be required if alcohol beverages are sold or consumed on the site.
(13) 
Proof of required state licenses and inspections, if amusement rides are on the site.
[Code 1993, § 12.19(4)]
The Police Chief, Fire Chief, Health Officer, Highway Superintendent, Public Works Director, License Committee, Plan Commission and Village Board may require the applicant to supplement the application or provide additional information which is necessary to fulfill the intent of this article.
[Code 1993, § 12.19(6)]
(a) 
No separate Village direct seller's permit, food permit or amusement license is required of any vendor named in the application and under contract with the festival license holder, except permits and licenses necessary to sell and serve alcohol beverages.
(b) 
The festival license holder shall be directly liable to the Village for violation of any law or any damage arising out of any violation of any law by any vendor under contract with the permit license holder.
(c) 
All contracts pertaining to vendors at the festival must be on file with the Clerk-Treasurer before the commencement of the festival. No vendor shall be permitted to operate at the festival who has not been named by the applicant and who does not have a written contract with the festival license holder.
[Code 1993, § 12.19(7)]
As a condition of the issuance of a license under this article, the Village Board may require the applicant to deposit cash or a surety bond in an amount sufficient to secure the full and complete performance of all obligations of the applicant and all conditions upon which the license was issued.
[Code 1993, § 12.19(9)]
(a) 
The Village Board may deny any license application which does not comply with this article or when the proposed festival poses a threat to the health, safety or welfare of any person in the Village. The Village Board may approve the application and grant the license on such conditions it imposes for purposes of protecting the health, safety and welfare of persons in the Village.
(b) 
A license may be suspended or revoked by the Village Board upon a determination that the applicant has failed to comply with this article, any condition imposed under this article or violation of any other applicable law or regulation. The Police Chief, Fire Chief or Health Officer may suspend the operation of any festival, or any part thereof, upon a determination that it is operating in violation of this article or any other law or regulation and such violation poses a threat to the health, safety or welfare of persons in the Village. Such suspension shall remain in effect until the Village Board can meet and consider the matter.
[Code 1993, § 12.19(10)]
Before any festival may be opened, inspections shall be conducted to assure the health, safety and welfare of all persons in the Village and adherence to the license issued under this article. Such inspections shall be conducted by the Village Health Officer, Fire Chief, Police Chief, Building Inspector, Highway Superintendent and Public Works Director. Proof of required state inspections shall be required.