[HISTORY: Adopted by the Town Board of the Town of Eureka 6-7-2005 (Ordinance 5, Ch. 3, of the
2005 Code). Amendments noted where applicable.]
A.
It is the purpose of the Town Board of the Township of Eureka to
regulate the assemblage of a large number of people in excess of those
normally needing the health, sanitary, fire, police, transportation
and utility services regularly provided in the County of Dakota or
in excess of those normally requiring supervision or control, in order
that the health, safety, and welfare of all persons in the Township
of Eureka, residents and visitors alike, may be protected.
B.
It is the intent of the Town Board that all sections and provisions
of this chapter have an independent existence, and should any section
or provision be declared invalid or unconstitutional by a court of
competent jurisdiction, it is the intent of the Town Board that any
section or provision so declared shall be severable from and shall
not affect the validity of the remainder of this chapter.
A.
No person shall permit, maintain, attend, promote, conduct, advertise,
act as an entrepreneur, undertake, organize, manage, or sell or give
tickets to an assembly, where a substantial portion of the entertainers
or persons attending will be or are reasonably expected to be out
of doors, whether on public or private property, and at which more
than 300 persons are in attendance or are reasonably expected to be
in attendance, or at which between 100 and 300 persons are in attendance
or are reasonably expected to be in attendance for a period which
continues or can reasonably be expected to continue for eight or more
consecutive hours, unless a license to hold the assembly has first
been issued by the Town Board, application for which must be made
at least 30 days in advance of the assembly. A license to hold an
assembly issued to one person shall permit any person to engage in
any lawful activity in connection with the holding of the licensed
assembly.
[Amended 11-8-2010 by Ord. No. 2010-4]
B.
A separate license shall be required for each day and each location at which 300 people assemble or can reasonably be anticipated to assemble or at which between 100 and 300 people assemble or can reasonably be expected to assemble for a period which continues or which can reasonably be expected to continue for eight or more consecutive hours. The fee for each license is set forth in Chapter 126, Fees.
[Amended 11-8-2010 by Ord. No. 2010-4]
C.
A license shall permit the assembly of only the maximum number of
people stated in the license. The licensee shall not sell tickets
to nor permit to assemble at the license location more than the maximum
permissible number of people.
D.
The license shall require that the holder take all reasonable measures
to prevent the sound of the assembly from being audible over conversational
levels on neighboring properties.
[Amended 11-8-2010 by Ord. No. 2010-4]
E.
This chapter shall not apply to any regularly established, permanent
place of worship, stadium, athletic field, arena, auditorium, coliseum,
or other similar permanently established place of assembly for assemblies
which do not exceed by more than 300 people the maximum capacity of
the structure where the assembly is held.
[Amended 11-8-2010 by Ord. No. 2010-4]
F.
No performance, exhibition, show, or meeting in connection with the
licensed activity shall commence prior to 9:00 a.m. on all days of
the week, or continue after 9:00 p.m. on Sunday through Thursday,
or after 10:30 p.m. on Friday and Saturday.
[Added 11-8-2010 by Ord.
No. 2010-4]
G.
This chapter shall not apply to government-sponsored fairs held on
regularly established fairgrounds, nor to assemblies required to be
licensed by other laws and/or regulations of the Township of Eureka,
the County of Dakota, or the State of Minnesota.
A.
Before a license is issued, the applicant shall first determine the
maximum number of people which will be assembled or admitted to the
location of the assembly, provided that the maximum number shall not
exceed the maximum number which can reasonably assemble at the location
of the assembly in consideration of the nature of the assembly and
applicable fire and safety regulations, and provided that, where the
assembly is to continue overnight, the maximum number shall not be
more than is allowed to sleep within the boundaries of the location
of the assembly by the zoning or health regulations of the Township
of Eureka or the County of Dakota, or regulation of the Minnesota
State Department of Health.
[Amended 11-8-2010 by Ord. No. 2010-4]
B.
At the time the application is submitted, the sponsor will provide
a plan, including the provisions herein, for operation of the assembly.
Ten days prior to the start of the assembly, local authorities will
inspect to determine whether the requirements of the following provisions
have been met:
(1)
A fence or barrier completely enclosing the proposed location of
sufficient height and strength to prevent people in excess of the
maximum permissible number from gaining access to the assembly grounds,
which shall have sufficient entrances and exits to allow easy movement
into and out of the assembly grounds and provide traffic control onto
established public road systems; this requirement may be waived if
the Town Board finds that a fence will not be necessary for crowd
control.
(2)
Potable water, meeting all federal and state requirements for sanitary
quality, sufficient to provide drinking water for the maximum number
of people to be assembled at the rate of at least one gallon per person
per day, and where the assembly is to continue for more than 12 hours,
water for bathing at the rate of at least 10 gallons per person per
day, or portion of a day.
(3)
Separate enclosed toilets for males and females, meeting all state
and local specifications, conveniently located throughout the grounds,
sufficient to provide facilities for the maximum number of people
to be assembled, in accordance with the Minnesota State Department
of Health regulations and standards.
[Amended 11-9-2022 by Ord. No. 2022-05]
(4)
A sanitary method of disposing of solid wastes, in compliance with
state and local laws and regulations, sufficient to dispose of the
solid waste production of the maximum number of people to be assembled
at the rate of at least 2.5 pounds of solid waste per person per day,
together with a plan for holding and collecting all such waste at
least once each day of the assembly, and sufficient trash containers
and personnel to perform the above-mentioned tasks.
(5)
Food and beverage stands, if any, will be operated in compliance
with the Minnesota Food Code,[1] as evidenced by a current license issued by the Minnesota
Department of Health.
[Added 11-8-2010 by Ord.
No. 2010-4]
[1]
Editor's Note: See Minnesota Administrative Rules Ch. 4626,
Food Code; Food Managers.
(6)
At least two emergency medical technicians certified by the State
of Minnesota sufficient to provide medical care for each 1,000 people
planned to attend, together with an emergency ambulance on the site,
and an enclosed covered structure where treatment may be rendered,
containing at least one automatic external defibrillator and at least
two beds for each 1,000 people planned to attend.
[Amended 11-8-2010 by Ord. No. 2010-4]
(7)
If the assembly is to continue during the hours of darkness, illumination
sufficient to light the entire area of the assembly at the rate of
at least five footcandles, but not to shine unreasonably beyond the
boundaries of the enclosed location of the assembly.
[Amended 6-14-2010 by Ord. No. 2010-1]
(8)
A parking area inside of the assembly grounds sufficient to provide
parking space for the maximum number of people to be assembled at
the rate of at least one parking space for every four persons. Adequate
handicapped parking spaces shall be provided in accordance with applicable
Minnesota Rules.
[Amended 11-8-2010 by Ord. No. 2010-4]
(9)
Telephones connected to outside lines sufficient to provide service
to the maximum number of people to be assembled at the rate of one
separate line and receiver for each 5,000 persons, and a separate
outside line or mobile telephone unit available for emergency use
at all times.
[Amended 11-8-2010 by Ord. No. 2010-4]
(10)
If the assembly is to continue overnight, camping facilities
in compliance with all state and local requirements as set forth in
Minnesota Statutes and the regulations of the Township of Eureka or
the County of Dakota sufficient to provide camping accommodations
for the maximum number of people to be assembled. All persons sleeping
during night hours shall so sleep only in a tent, camper, trailer,
mobile home, building, or similarly enclosed structure.
(11)
Security, traffic, and narcotics control plan which will meet
the requirements of local authorities and the Minnesota Department
of Public Safety; regularly employed off-duty Minnesota law enforcement
officers or protective agents licensed in Minnesota sufficient to
provide adequate security for the maximum number of people to be assembled;
and at least one security guard for the first 200 people, and an additional
security guard for every 100 people over 200. The Dakota County Sheriff
may recommend that security staffing requirements be adjusted based
upon the applicant's assemblage license history.
[Amended 11-8-2010 by Ord. No. 2010-4]
(12)
Fire protection shall be provided by the sponsor which may include
but not be limited to the following: fire alarms, extinguishing devices,
and fire lanes, and shall be sufficient to meet all applicable state
laws and local regulations which are in effect, or may be set forth
by the Town Board as it determines is necessary, and sufficient emergency
personnel to efficiently operate the required equipment that will
be provided by the sponsor.
(13)
All reasonably necessary precautions to ensure that the sound
of the assembly will not be audible over conversational levels on
neighboring properties.
[Amended 11-8-2010 by Ord. No. 2010-4]
(14)
Administrative control center with telephones where the local
authorities can contact the sponsors and law enforcement personnel
inside the assembly area.
(15)
The licensee shall obtain commercial general liability insurance
covering all injuries or damage caused by or as a result of the conduct
of the assembly at a minimum of $1,000,000 per occurrence for bodily
injury, death, or property damage. The policy shall name the Town
of Eureka as an additional insured.
[Added 11-8-2010 by Ord.
No. 2010-4]
A.
Application for a license to hold an actual or anticipated outdoor
assembly as required by this chapter shall be made, in writing, to
the Town Board at least 30 days in advance of such assembly.
[Amended 11-8-2010 by Ord. No. 2010-4; 11-9-2022 by Ord. No. 2022-05]
B.
The application shall contain a statement made upon oath or affirmation
that the statements contained therein are true and correct to the
best knowledge of the applicant and shall be signed and sworn to or
affirmed by the individual making application in the case of a corporation,
by all partners in the case of a partnership, or by all officers of
an unincorporated association, society or group, or, if there are
no officers, by all members of such association, society or group.
C.
The application shall contain and disclose:
[Amended 11-8-2010 by Ord. No. 2010-4]
(1)
The name, age, residence and mailing address of all persons required to sign the application by § 100-4B above and, in the case of a corporation, a certified copy of the articles of incorporation together with the name, age, residence and mailing address of each person holding 10% or more of the stock of said corporation.
[Amended 11-9-2022 by Ord. No. 2022-05]
(2)
The address and legal description of all property upon which the
assembly is to be held, together with the name, residence and mailing
address of the record owners of all such property.
(3)
Proof of ownership of all property upon which the assembly is to
be held or a statement made upon oath or affirmation by the record
owners of all such property that the applicant has permission to use
such property for an assembly.
(4)
The nature or purpose of the assembly.
(5)
The total number of days and/or hours during which the assembly is
to last.
(6)
All documents, plans and other materials detailing the assembly plan, as required by § 100-3B of this article.
(7)
The maximum number of tickets to be sold, if any.
[Amended 11-8-2010 by Ord. No. 2010-4]
The application for a license shall be processed within 40 days
of receipt and shall be issued if all conditions are met. The Town
may impose any additional conditions or restrictions upon the license,
including on maximum capacity, necessary to protect the health, safety
and welfare of the community and those in attendance.
[Amended 11-8-2010 by Ord. No. 2010-4]
A.
A license granted under this chapter may be revoked by the Town Board
at any time prior to the assembly for:
B.
If during the course of the assembly it appears in the judgment of
the Dakota County Sheriff that there exists an imminent danger of
the outbreak of violence, riot or other calamity threatening the physical
health or safety of those in attendance at the assembly or residents
of the surrounding community, the Sheriff is authorized to take appropriate
action to protect said persons, including temporarily suspending the
assembly. Any such suspension by the Sheriff shall be effective immediately,
and a hearing thereon shall be held before the Town Board at the earliest
opportunity. If the Town Board deems the suspension improper, the
license shall be reinstated or the application fees returned, at the
choice of the licensee.
[Amended 11-8-2010 by Ord. No. 2010-4]
A.
The licensee or his agents shall maintain the assembly premises and
facilities in a clean, orderly and sanitary condition at all times.
B.
No animals, except household pets, shall be permitted in any of the
grounds or facilities, and dogs, cats or other animals or pets shall
not be permitted to run loose.
C.
No fires of any kind shall be permitted on the premises or in facilities,
except in grills or at locations designated for that purpose.
D.
No person shall engage in any conduct that violates a state, county,
or local law.
E.
A copy of the license shall be posted at all times in a conspicuous
place in the area licensed for the assembly.
[Amended 11-9-2022 by Ord. No. 2022-05]
The Town Board may, by majority resolution, grant a variance
from the requirements of this chapter in any particular case where
the applicant can show that strict compliance with this chapter would
cause practical difficulties by reason of the special nature of the
proposed assembly or by reason of the fact that the circumstances
make the requirement of this chapter unnecessary, provided that such
variance may be granted without detriment to the public health, safety,
or welfare and without impairing the intent and purpose of this chapter.
[Added 11-8-2010 by Ord.
No. 2010-4]
A.
The provisions of this chapter may be enforced by injunction in any
court of competent jurisdiction.
B.
The holding of an assembly in violation of any provision or condition
contained in this chapter or a license issued under this chapter shall
be deemed a public nuisance and may be abated as such.
C.
A violation of this chapter is a misdemeanor, and a person or entity
found guilty of violating this chapter shall be subject to imprisonment
of not more than 90 days or payment of a fine of not more than $1,000,
or both. If a license is issued to an entity, the officers or members
of said entity may be charged for violation of this chapter. Prosecution
of violations as a misdemeanor does not preclude the Town from seeking
other legal remedies relating to any violation.
[Amended 11-9-2022 by Ord. No. 2022-05]
D.
A person or entity violating a term of this chapter or a condition
stated within a license issued pursuant to this chapter shall be liable
in a civil action for any damages to private or public property arising
out of or in connection with said violation.
As used in this chapter, the following terms and phrases shall
have the indicated meanings:
A company of persons gathered together at any location at
any single time for any purpose.
