[Code 1993, § 12.19(1)]
(a)
FESTIVAL
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:
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:
(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(5)]
Any license obtained by an applicant for a festival is not transferable
from one person to another and is limited to events, days and hours
specified by the Village Board.
[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(8)]
[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.
