As used in this chapter, the following terms shall have the
meanings indicated:
LICENSEE
Any person to whom a license is issued pursuant to this chapter.
OUTDOOR ASSEMBLY (hereinafter referred to as "activity")
Any activity, all or any part of which includes a theatrical
exhibition, public show, display, entertainment, amusement or other
exhibition, including, but not limited to, music festivals, rock festivals,
peace festivals or similar gatherings, but excluding the following:
A.
An activity which is conducted or sponsored by a governmental
unit or agency on publicly owned land or property; or
B.
An activity which will not exceed 250 attendees at any one time in the LR, R-1, R-2, R-3, or Planned Unit Development Zoning Districts or 500 attendees in any other zoning district, provided up to 1,000 attendees may be permitted within a publicly owned or privately owned outdoor recreational area, as permitted by §
450-5.03, Special land uses, of Chapter
450, Zoning, of the Code of the Township of Cannon; or
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
An activity held entirely within the confines of a permanently
enclosed and covered structure.
PERSON
Any natural person, partnership, corporation, association
or organization.
SPONSOR
Any person who organizes, promotes, conducts, or causes to
be conducted an outdoor assembly.
No person shall sponsor, operate, maintain, conduct or promote
an outdoor assembly within Cannon Township without having first obtained
a license therefor and, if applicable, obtaining special land use
approval.
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 Zoning Administrator of the Township and shall be made at least
60 days prior to date of the proposed assembly. Each application shall
be accompanied by fee in an amount determined by the Township Board
and shall include at least the following:
A. The name, age, cell phone number, email address, 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.)
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 shall submit an affidavit
from the owner indicating his 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 attendees expected at the assembly
for each day it is conducted, together with samples of the tickets
or other evidence of admission which will be used.
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.
G. Communications facilities.
H. Noise control and abatement.
I. Facilities for cleanup and waste disposal.
J. Insurance and bonding arrangements.
On receipt by the Zoning Administrator, copies of the application
shall be forwarded to the County Sheriff, County Health Officer, Township
Planner and such other public officials as may be necessary, taking
into consideration the nature of the outdoor assembly, as determined
by the Zoning Administrator. Such officers and officials shall review
and investigate the application and shall within 20 days of receipt
thereof report their findings and recommendations to the Zoning Administrator.
If no recommendation or finding is submitted by any such official
within the time limit, the application for a license shall be considered
as having been approved by such official without any conditions thereon.
Within 30 days of the filing of said application, the Township
Board shall issue, set conditions prerequisite to the issuance of,
or deny a license. Where conditions are imposed as prerequisite to
the issuance of a license, or where a license is denied, notice of
such action specifying the conditions or reasons for denial shall
be given to the applicant.
The license application may be denied if:
A. 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
B. The applicant has knowingly made a false, misleading or fraudulent
statement in the application or in any supporting document.
A license shall specify the name and address of the licensee, the kind and location of the assembly, the maximum number of attendees permissible, the duration of the license and any other conditions imposed pursuant to this chapter or the special land use requirements of Chapter
450, Zoning, of this Code. 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.
In processing an application, the Township Board shall, at a
minimum, require the following:
A. Security personnel. The licensee shall employ, at his own expense,
such security personnel as are necessary and sufficient to provide
for the adequate security and protection of the maximum number of
attendants at the assembly and for the preservation of order and protection
of property in and around the site of the assembly. No license shall
be issued unless the Kent County Sheriff is satisfied that such necessary
and sufficient security personnel will be provided by the licensee
for the duration of the assembly.
B. Water facilities. 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
Public Act 294 of 1965, 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 Kent
County Health Officer.
C. Restroom facilities.
(1) The licensee shall provide separate enclosed flush-type water closets
as defined in Public Act 266 of 1929, and the rules and regulations adopted pursuant thereto;
if such flush-type facilities are not available, the County Health
Officer may permit the use of other facilities which are in compliance
with Public Act 273 of 1939, the rules and regulations adopted pursuant thereto, and
which are in accordance with any other applicable provisions of the
law.
(2) The licensee shall provide lavatory and drinking water facilities
constructed, installed, and maintained in accordance with Public Act
266 of 1929, and the rules and regulations adopted pursuant thereto.
All lavatories shall be provided with soap or hand sanitizer and paper
towels. The number and type of facilities required shall conform to
the requirements of the Kent County Health Department.
D. Food service. 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 Public Act 269 of 1968, the rules and regulations adopted pursuant thereto, and
in accordance with any other applicable provisions of the law.
E. Medical facilities. If the assembly is not readily and quickly accessible
to 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 County Health Officer.
F. Liquid waste disposal. The licensee shall provide for liquid waste
disposal in accordance with the rules and regulations pertaining thereto
established by the County Health Officer. If liquid waste retention
and disposal is dependent upon pumpers and haulers, they shall be
licensed in accordance with Public Act 243 of 1951, 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 County
Health Officer with a true copy of an executed agreement in effect
with such 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. Solid waste disposal. The licensee shall provide for solid waste
storage on, and removal from, the premises. Storage shall be in approved,
covered, flytight and rodent-proof containers, in such quantities
and with capacity as to provide disposal for the maximum number of
attendants. Prior to issuance of any license, the licensee shall provide
the County Health Officer with a true copy of an executed agreement
in 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.
H. Access and traffic control. The licensee shall submit a written plan, in accordance with the requirements of §
450-23.31E of Chapter
450, Zoning, to the Zoning Administrator, together with the application for a license. The plan shall be submitted by the Zoning Administrator to the County Sheriff's Department for approval.
I. Parking. The licensee shall provide a parking area sufficient to
accommodate all motor vehicles, but in no case shall he provide less
than one automobile space for every four attendants.
J. Illumination. 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 Township Building Inspector.
K. Noise. In no case shall any event authorized under the terms of this
chapter cause or result in any serious adverse effect on adjacent
or nearby lands by reason of excessive sound.
L. Insurance. Before the issuance of a license, the licensee shall obtain
liability insurance with limits of not less than $1,000,000/$3,000,000
and property damage insurance from a company or companies approved
by the Commissioner of Insurance of the State of Michigan. The licensee
shall provide the Zoning Administrator with proof of insurance providing
the coverage as set forth herein and naming the Township as an additional
insured.
M. Miscellaneous. Prior to the issuance of a license, the Township Board
may impose any other condition(s) reasonably calculated to protect
the health, safety, welfare and property of attendants or of citizens
of the Township.