[Adopted NRO 1975, T. 14, §§ 1001
to 1008 (Secs. 4-56 to 4-62 of the 1987 Code)]
[Amended 9-13-1979 by Ord. No. O-79-213; 5-13-1986 by Ord. No. O-86-32; 11-12-1991 by Ord. No. O-91-109; 12-26-1995 by Ord. No. O-95-148; 5-23-2000 by Ord. No. O-00-27; 12-26-2001 by Ord. No. O-01-184]
A.
No showman, musician, entertainer, disc jockey, comedian,
tumbler, dancer, ventriloquist, magician, circus, carnival, or concert
shall for pay perform or be performed in this City, and no parade
or procession upon any public street and no open-air public meeting
shall be held without a license therefor specifying the time and object
for which such license is granted.
B.
No license shall be granted until the applicant therefor
shall file the following with the City Clerk:
(1)
Insurance. The applicant shall obtain and maintain
the insurance coverage that the Insurance Department deems necessary.
Factors to consider in determining the required insurance coverage
include, but are not limited to, the use of mechanical apparatus,
presence of animals, use of rides or other amusement functions, use
of vehicles, size and duration of the event, the potential audience,
the need for police or other safety services, and the history of the
applicant. The required insurance coverage may include:
(a)
Workers' compensation insurance to cover all
employees. The licensee shall also require all subcontractors to provide
workers' compensation for all employees.
(b)
Personal injury and property damage insurance
for all activities of licensee and its subcontractors arising out
of or in connection with this license, written on a broad form comprehensive
general liability basis.
(c)
Motor vehicle insurance to include bodily injury,
property damage, uninsured motorist, employer's nonownership coverage,
and medical payments.
(d)
All policies shall be endorsed with the following
specific language:
[1]
The City is named as additional insured for
all liability arising out of the operation by or on behalf of the
named insured, and this policy protects the additional insured, its
officers, agents and employees against liability for bodily injuries,
deaths, or property damage or destruction arising in any respect,
directly or indirectly, in the performance of the license.
[2]
The inclusion of more than one insured shall
not operate to impair the rights of one insured against another insured
against insured, and the coverages afforded shall apply as though
separate policies had been issued to each insured.
[3]
The insurance provided herein is primary, and
no insurance held or owned by the City shall be called upon to contribute
to a loss.
[4]
The coverage provided by this policy shall not
be reduced or cancelled without 30 days written notice given to the
City.
(e)
Documentation. The licensee shall submit certificates
of insurance countersigned by a state licensed agent prior to the
effective date of the license.
(2)
As a condition of licensure, and at any time during
the license period, an applicant or licensee may be subject to additional
restrictions or conditions ordered by the Building, Health, Police
or Fire Department as may be warranted by any circumstances pertaining
to a specific establishment or event or to prevent any nuisance related
to or caused by the licensed activity. A nuisance, in addition to
its common law meaning, is anything that endangers life, health or
safety, gives offense to senses, violates common standards of decency
or obstructs the reasonable use, enjoyment, or habitation of any property.
(4)
Recommendation of the health officer concerning adequacy
of sanitary facilities and any food-service facilities.
(5)
A surety bond or other guarantee approved by the City
Solicitor/Corporation Counsel in an amount sufficient to insure payment
of the costs of any police, fire or other public officers assigned
to the event, the dismantling of any temporary structures, cleanup
and refuse disposal, and any other costs associated with the event
or its aftermath.
C.
In acting upon requests for licenses the Board of
Aldermen, through its appropriate aldermanic committee, may require
the applicant to meet additional requirements or adhere to additional
standards as it may impose for the purpose of minimizing adverse effects
of the licensed activity.
D.
Upon receipt of written notification of the denial
of, or pending suspension or revocation of, a license, or for the
issuance of new or revised conditions or restrictions on the license
from the office of the City Clerk, the applicant or licensee may request,
in writing, a hearing before the personnel/administrative affairs
committee of the Board of Aldermen. The request must be made within
10 days of the date of notification sent to the applicant/licensee.
The Personnel/Administrative Affairs Committee shall set a hearing
date, notifying the applicant or licensee of said hearing date. The
hearing will be held at the earliest possible date and the matter
shall be decided within a reasonable time. The applicant or licensee
will be notified in writing of the decision of the Committee, and
the decision by the Committee to deny, restrict, suspend, or revoke
a license shall be final.
(1)
A license that has been revoked shall not be subject
to renewal or restoration except that an application for a new license
may be submitted and acted upon after the expiration of at least one
year from the date of revocation.
(2)
A business or activity that endangers the public health,
welfare or safety may have its license revoked immediately and prior
to the hearing process provided above where the danger to public health,
welfare and/or safety is immediate.
[Amended 12-26-2001 by Ord. No. O-01-184]
A.
Every person shall pay for a license, for the use
of the City, the following sums:
(1)
For each circus, carnival, midway, offer of attended
amusement rides, or show where feats of agility, horsemanship, sleight
of hand or rope dancing are performed, and for menageries where wild
beasts are exhibited: $50.
(2)
For each band, or troupe or company of minstrels or
comedians, and for all other theatrical exhibitions, and for each
show where feats of ventriloquism, sleight of hand or jugglery are
performed, and for each panorama, mirror, stereoscopic, moving pictures
or other views: $10 for each exhibition.
(3)
For each and all other shows, exhibitions, concerts
or performances: $50.
[Amended 12-26-2001 by Ord. No. O-01-184]
A.
[1]Places of amusement of a permanent character, dance halls, or halls or establishments which regularly provide entertainment as identified in § 88-17A may be licensed, for a period of 12 months from the first day of May of each year, for $50 for each place, hall or establishment, payable in advance. For purposes of this definition, "place of amusement" shall include any occupied connecting rooms, space, or area on the same level or in the same story, or in a story or stories above or below, where entrance is common to the rooms, space or areas; provided, however, that the license fee for a restaurant holding a valid license under the provisions of Chapter 170, Food-Service Establishments, shall be $10 for a period of 12 months from the first day of May of each year.
B.
Dances. This subsection shall apply to any establishment
or place which permits, or permits to occur, dancing, except the following:
a public or private school licensed by the state or the City for the
purpose of conducting dancing classes or dance courses of study as
its primary, regular and recurrent business activity; dances sponsored
by an accredited educational institution, civic or religious organization
or group which limits admission to its own members and their guests.
(1)
No public dancing shall be permitted between the hours
of 2:00 a.m. and 7:00 a.m. any day of the week.
(2)
No person conducting or operating a teen dance shall permit, either by act or omission, any person under the age of 15 years to enter or remain on the premises without a parent or legal guardian present. No person conducting or operating a teen dance shall permit, either by act or omission, any person over the age of 20 years to enter or remain upon the premises, except a parent or legal guardian accompanying a person under the age of 18 years, and except bona fide employees of the person or entity conducting or operating such teen dance. For the purposes of this section "teen dance" means any dance which permits the entry of persons under the age of 18 years of age other than may be excepted under Subsection B of this § 88-19.
C.
No license shall be granted under this section until
the applicant shall obtain and maintain the insurance coverage that
the Risk Management Department deems necessary. Factors to consider
in determining the required insurance coverage include, but are not
limited to, the use of mechanical apparatus, presence of animals,
use of rides or other amusement functions, use of vehicles, size and
duration of the event, the potential audience, the need for police
or other safety services, and the history of the applicant. Termination
of any insurance policy or bond shall operate as a revocation of the
license.
D.
Police attendance at function. When it is determined
by the Chief of Police or his designee to be necessary to preserve
order, protect the health, safety, and welfare of the citizens of
the City, or to help avoid traffic-related problems, public disturbance,
or public nuisance, all establishments and places required to be licensed
under this article shall be required to hire an off-duty police officer
or officers during those hours the Chief of Police or his designee
deems appropriate. The Chief of Police or his designee may suspend
this requirement as he deems appropriate, but the requirement may
be reinstated at the discretion of the Chief of Police or his designee.
E.
Enforcement. The Chief of Police or his designee(s) shall have the power to issue citations for the violation of any of the provisions of this article and to enter public access areas of a business, free of charge, during hours of public access or operation and at any time a license is required by this article, and to demand the exhibition of the license for the current term by an person engaged or employed in the transaction of such business. If the person fails then and there to exhibit the license, the person shall be punishable as provided for in § 1-12 of the City Code.
F.
It shall be the duty of all officers and agents of any corporation to see that such corporation complies with the provisions of this article. All officers or agents of any corporation required by this article to be licensed which shall do business without having paid the license fee and procured such license shall be punishable as provided for in § 1-12 of the City Code.
[Amended 11-25-2008 by Ord. No. O-08-45]
All applications for licenses for halls and
places of amusement must be accompanied by the recommendations and
approval of the Board of Fire Commissioners.
If a person holding a license under this article
shall desire to transfer and carry on such business in other premises
in the City, then, upon the making and filing of a new application
the board shall grant a new license, subject to the same regulations
and requirements as governed the original license.
At any time after a license has been issued
under this article to any person, it may be revoked and cancelled
by the licensing board if the performance given shall violate any
of the public statutes or ordinances of the City, or is conducted
in a building which does not conform to the fire statutes, ordinances
or regulations of the Board of Fire Commissioners, or the place licensed
is used for criminal purposes. Before any license is revoked or cancelled,
the holder shall be entitled to a hearing by the licensing board and
to five days' previous notice thereof in writing. Licenses of a temporary
character may be revoked at any time by the licensing board without
notice in their discretion.
Any member of the licensing board or the Board
of Aldermen, and any police officer or agent, may enter upon any premises
licensed under this article, at reasonable times, to ascertain the
manner in which the license is exercised, and to preserve order.
