[HISTORY: Adopted by the Board of Trustees of the Charter Township of East China 11-18-1980 by Ord. No. 117 as Ch. 3-02 of the 1980 Code. Amendments noted where applicable.]
The Board of East China Charter Township finds and declares that the interests of the public health, safety and welfare of the citizens of East China Charter Township require the regulation, licensing and control of assemblages of large numbers of people in excess of those normally drawing upon the health, sanitation, fire, police, transportation, utility and other public services regularly provided in this Township.
As used in this chapter, the following terms shall have the meanings indicated:
- See the definition of “outdoor assembly.”
- Any person who obtains admission to an outdoor assembly by the payment of money or by the rendering of services in lieu of the payment of money for admission.
- Any person to whom a license is issued pursuant to this chapter.
- OUTDOOR ASSEMBLY
- Hereinafter referred to as “assembly,” means any event, attended by more than 5,000 attendants, all or any part of which includes a theatrical exhibition, public show, display, entertainment, amusement or other exhibition, including, but not limited to, musical festivals, rock festivals, peace festivals or similar gatherings, but does not mean:
- A. An event which is conducted or sponsored by a governmental unit or agency on publicly owned land or property; or
- B. An event which is conducted or sponsored by an entity qualifying for tax exempt status under Section 501(c)(3) of the Internal Revenue Code of 1954, being 26 U.S.C. § 501(c)(3), as incorporated by reference in Section 201 of the Michigan Income Tax Act of 1967, Act 281 of the Public Acts of 1967, being MCLA § 206.201 of the Compiled Laws of 1948; or
- C. An event held entirely within the confines of a permanently enclosed and covered structure.
- Any natural person, partnership, corporation, association or organization.
- Any person who organizes, promotes, conducts, or causes to be conducted an outdoor assembly.
Requirement established. A person shall not sponsor, operate, maintain, conduct or promote an outdoor assembly in East China Charter Township unless he shall have first made application for, and obtained, as hereinafter prescribed, a license for each such assembly.
Application. 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 Clerk of the Township and shall be made at least 60 days prior to date of the proposed assembly. Each application shall include at least the following:
The name, age, residence and mailing address 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.
Where the person is a corporation, a copy of the articles of incorporation shall be filed, and the names and addresses shall be provided of all shareholders having financial interest greater than $500.
A statement of the kind, character, and type of proposed assembly.
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.
The date or dates and hours during which the proposed assembly is to be conducted.
An estimate of the maximum number of attendants expected at the assembly for each day it is conducted and a detailed explanation of the evidence of admission which will be used and of the sequential numbering or other method which will be used for accounting purposes.
Explanation of plans. 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:
Police and fire protection;
Food and water supply and facilities;
Health and sanitation facilities;
Medical facilities and services, including agency vehicles and equipment;
Vehicle access and parking facilities;
Camping and trailer facilities;
Noise control and abatement;
Facilities for clean up and waste disposal;
Insurance and bonding arrangements.
Site maps. In addition, the application shall be accompanied by a map or maps of the overall site of the proposed assembly.
Evidence of insurance. Before the issuance of a license, the licensee shall obtain public liability insurance with limits of not less than $100,000 and property damage insurance with a limit of not less than $50,000 from a company or companies approved by the Commissioner of Insurance of the State of Michigan, which insurance shall insure liability for death or injury to persons or damage to property which may result from the conduct of the assembly or conduct incident thereto and which insurance shall remain in full force and effect in the specified amounts for the duration of the license. The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the Clerk of East China Charter Township in writing at least 10 days before the expiration or cancellation of said insurance.
Surety bonds. Before the issuance of a license, the licensee shall obtain, from a corporate bonding company authorized to do business in Michigan, a corporate surety bond in the amount of $100,000 in a form to be approved by the Township Attorney, conditioned upon the licensee's faithful compliance with all of the terms and provisions of this chapter and all applicable provisions of state or local law, and which shall indemnify the Township, its agents, officers, and employees and the Township Board against any and all loss, injury or damage whatever arising out of or in any way connected with the assembly and which shall indemnify the owners of property adjoining the assembly site for any costs attributable to cleaning up and/or removing debris, trash or other waste resultant from the assembly.
Investigation and recommendations. On receipt by the Clerk, copies of the application shall be forwarded to the chief law enforcement and health officers for the County of St. Clair, the State Fire Marshal, and to such other appropriate public officials as the Clerk deems necessary. Such officers and officials shall review and investigate matters relevant to the application and within 20 days of receipt thereof shall report their findings and recommendations to the Township Board.
Township Board action. Within 30 days of the filing of the application, the Township Board shall issue, set conditions prerequisite to the issuance of, or deny a license.
Adequate security of insurance. The Township Board may require that adequate security or insurance be provided before a license is issued.
Other conditions. 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.
Notice of conditions or denial. Where conditions are imposed as prerequisite to the issuance of a license, or where a license is denied, within five days of such action, notice thereof must be mailed to the applicant by certified mail, and, in the case of denial, the reasons therefor shall be stated in the notice.
Grounds for denial. A license may be denied if:
Failure to comply. 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
False statements. The applicant has knowingly made a false, misleading or fraudulent statement in the application or in any supporting document.
Content. A license shall specify the name and address of the licensee, the kind and location of the assembly, the maximum number of attendants permissible, the duration of the license and any other conditions imposed pursuant to this chapter.
Display. It shall be posted in a conspicuous place upon the premises of the assembly.
Nontransferable. It shall not be transferred to any other person or location.
Revocation. The Township Board may revoke a license whenever the licensee, his employee or agent fails, neglects or refuses to fully comply with any and all provisions and requirements set forth herein or with any and all provisions, regulations, provisions of this Code of Ordinances, statutes, or other laws incorporated herein by reference.
In processing an application, the Township Board shall, at a minimum, require the following:
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 chief law enforcement officer for the County of St. Clair in cooperation with the Director of State Police is satisfied that such necessary and sufficient security personnel will be provided by the licensee for the duration of the assembly.
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 Act 368, Public Acts of 1978 (MCLA § 333.1101 et seq.), and 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 St. Clair County Health Officer.
Rest room facilities.
Water closets. The licensee shall provide separate enclosed flush-type water closets as defined in Act 733, Public Acts of 2002 (MCLA § 338.3511 et seq.), and the rules and regulations adopted pursuant thereto and in accordance with any other applicable state or local law. If such flush-type facilities are not available, the County Health Officer may permit the use of other facilities which are in compliance with Act 368, Public Acts of 1978 (MCLA § 333.1101 et seq.), and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law.
Lavatory and drinking water. The licensee shall provide lavatory and drinking water facilities constructed, installed, and maintained in accordance with Act 733, Public Acts of 2002 (MCLA § 338.3511 et seq.), and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. All lavatories shall be provided with hot and cold water and soap and paper towels.
Number and type. The number and type of facilities required shall be determined, on the basis of the number of attendants, in the following manner:
Showers. Where the assembly is to continue for more than 12 hours, the licensee shall provide shower facilities, on the basis of the number of attendants, in the following manner:
Maintenance. All facilities shall be installed, connected, and maintained free from obstructions, leaks and defects and shall at all times be in operable condition as determined by the County Health Officer.
Liquid waste disposal. The licensee shall provide for liquid waste disposal in accordance with all rules and regulations pertaining thereto established by the County Health Officer. If such rules and regulations are not available or if they are inadequate, then liquid waste disposal shall be in accordance with the United States Public Health Service Publication No. 526, entitled “Manual of Septic Tank Practice.”
Pumpers and haulers licensed. If liquid waste retention and disposal is dependent upon pumpers and haulers, they shall be licensed in accordance with Act 451, Public Acts of 1994 (MCLA § 324.11701 et seq.), and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law; and
Executed agreement for removal. Prior to issuance of any license, the licensee shall provide the County Health Officer with a true copy of an executed agreement in force and effect with a 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.
Solid waste disposal. The licensee shall provide for solid waste storage on, and removal from, the premises.
Storage containers. Storage shall be in approved, covered, fly-tight and rodent-proof containers, provided in sufficient quantity to accommodate the number of attendants.
Executed agreement for removal. Prior to issuance of any license, the licensee shall provide the County Health Officer with a true copy of an executed agreement in force and 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.
Vermin control. The licensee shall implement effective control measures to minimize the presence of rodents, flies, roaches and other vermin on the premises. Poisonous materials, such as insecticides or rodenticides, shall not be used in any way so as to contaminate food, equipment, or otherwise constitute a hazard to the public health. Solid waste containing food waste shall be stored so as to be inaccessible to vermin. The premises shall be kept in such condition as to prevent the harborage or feeding of vermin.
Licensed concessions. 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 Act 368, Public Acts of 1978 (MCLA § 333.1101 et seq.), and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law.
Adequate availability. If the assembly is distant from food service establishments open to the public, the licensee shall make such food services available on the premises as will adequately feed the attendants.
Medical facilities. If the assembly is not readily and quickly accessible to adequate existing 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.
Public bathing beaches. The licensee shall provide or make available or accessible public bathing beaches only in accordance with Act 368, Public Acts of 1978 (MCLA § 333.1101 et seq.), and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
Public swimming pools. The licensee shall provide or make available public swimming pools only in accordance with Act 368, Public Acts of 1978 (MCLA § 333.1101 et seq.), and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
Access and traffic control. The licensee shall provide for ingress to and egress from the premises so as to insure the orderly flow of traffic onto and off of the premises. Access to the premises shall be from a highway or road which is a part of the county system of highways or which is a highway maintained by the State of Michigan. Traffic lanes and other space shall be provided, designated and kept open for access by ambulance, fire equipment, helicopter and other emergency vehicles. Prior to the issuance of a license, the Director of the Department of State Police and the Director of the Department of State Highways must approve the licensee's plan for access and traffic control.
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.
Camping and trailer parking. A licensee who permits attendants to remain on the premises between the hours of 2:00 a.m. and 6:00 a.m. shall provide for camping and trailer parking and facilities in accordance with Act 368, Public Acts of 1978 (MCLA § 333.1101 et seq.), MSA 14.447 (121 et. seq.), as amended, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision by state or local law.
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.
Fire protection. The licensee shall, at his own expense, take adequate steps as determined by the State Fire Marshal to insure fire protection.
Fencing. The licensee shall erect a fence completely enclosing the site, of sufficient height and strength as will preclude persons in excess of the maximum permissible attendants from gaining access and which will have sufficient gates properly located so as to provide ready and safe ingress and egress.
Public telephones. The licensee shall provide public telephone equipment for general use on the basis of at least one unit for each 1,000 attendants.
Sound equipment. Sound-producing equipment, including but not limited to public address systems, radios, phonographs, musical instruments and other recording devices, shall not be operated on the premises of the assembly so as to be unreasonably loud or raucous, or so as to be a nuisance or disturbance to the peace and tranquility of the citizens of the Charter Township of East China.
Enumerated. It shall be unlawful for a licensee, his employee, or agent to knowingly:
Advertise, promote or sell tickets to, conduct, or operate an assembly without first obtaining a license as herein provided;
Conduct or operate an assembly in such a manner as to create a public or private nuisance;
Conduct or permit, within the assembly, any obscene display, exhibition, show, play, entertainment or amusement;
Permit any person on the premises to cause or create a disturbance in, around, or near the assembly by obscene or disorderly conduct;
Permit any person to unlawfully consume, sell, or possess, intoxicating liquor while on the premises;
Injunctive relief. Any of the above-enumerated violations is a separate offense, is a nuisance per se immediately enjoinable in the circuit courts.
Basis for revocation and enjoinment. It is further provided that any of the above violations is a sufficient basis for revocation of the license and for the immediate enjoining in the circuit court of the assembly.