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A. License Application – Qualifications – Requirements to Apply.

1. Plans – Preliminary Approval. Whenever approval by a governmental agency other than the city is required under this chapter, the applicant for such approval shall be required to cooperate fully with such agencies. When any type of physical facility is required or subject to approval under this chapter, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. All such facilities shall be in existence five or more days before the event for which an application is submitted and shall be subject to inspection by the approving agencies or departments. Should the actual facility or construction fail to meet with the standards approved in the proposed plans, such preliminary approval may be withdrawn and any and all permits granted subject to such approval may be withdrawn.

2. Cash Bond and Indemnification.

a. No permit shall be issued under this chapter unless the applicant has on deposit with the city a cash bond in the amount as set out below to save and protect the streets, pavements, bridges, road signs and other property in the city from any and all damage that may be caused by vehicles, employees or participants in such outdoor musical assembly and to be used, if necessary, to restore the ground where such assembly is held to a sanitary condition and pay all charges and losses of the city for damages to the streets, pavements, bridges and other property. Further, any extraordinary law enforcement costs incurred by the city which are the result of outdoor musical activity shall be met by the cash bond. The amount of such cash bond shall be $1.00 per person expected in the gathering with a minimum cash bond of $500.00.

b. The deposit or its balance is to be returned when the city clerk certifies to the finance director that no damage has been done or that the cost of making the above-mentioned repairs and any extraordinary law enforcement costs was less than the cash bond amount and that the balance thereof should be returned.

c. Further, the sponsors shall be required to furnish evidence of a liability insurance policy providing for a minimum of $100,000 bodily injury coverage per person, $300,000 bodily injury coverage per occurrence and $100,000 property damage coverage, naming the city as an additional insured.

B. License Regulations.

1. Sanitary Facilities. No permit shall be granted unless the applicants obtain the written approval of the health officer of the city, indicating that the applicants for the permit have complied with the health requirements of the city for like or similar facilities. The approval shall indicate the type and adequacy of water supply to be provided, the type and adequacy of toilet, waste collection and washing facilities to be provided, and if there is to be food served on the premises, the type and adequacy of food preparation and food service facilities to be provided.

2. Fire Prevention Standards. No permit shall be granted under this chapter unless the applicant has shown the fire chief that they have approved fire protection devices and equipment available at such assembly. Fire prevention standards shall be as set out in the city ordinance relating to fire protection and standards of the city.

3. Public Safety.

a. No permit shall be granted under this chapter unless the applicant has obtained the written approval of the police department indicating that the following conditions have been complied with by the applicant:

i. That adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant;

ii. That traffic-control and crowd-control personnel shall be licensed merchant patrolmen or named persons meeting the police department’s requirements for becoming patrolmen;

iii. That there shall be provided one traffic-control person for each 400 persons expected or reasonably to be expected to be in attendance at any time during the event;

iv. Further, that there shall be provided one crowd control person for each 400 persons expected or reasonably expected to be in attendance at any time during the event; provided, that if at any time during the event the size of the crowd exceeds by 20 percent the number of persons represented by the sponsors to be expected to be in attendance, the police department shall have the discretion to require the sponsor to limit further admissions.

b. Any person with more than a 10 percent proprietary interest in the event shall be required to be in attendance at the activity and shall be responsible for insuring that no person shall be allowed to remain on the premises if the person is violating state or city laws. Any person having a duty to remove law violators who wilfully fails to do so is an aider or abettor of such violation.

4. Parking Facilities. Application for a permit under this chapter shall be accompanied by a scale drawing showing adequate parking facilities have been made available within or adjacent to the location for which the permit is requested. Such parking facilities shall provide parking space for one vehicle for every four persons expected or reasonably to be expected. Adequate ingress and egress shall be provided to or from such parking area to facilitate the movement of any vehicle at any time to or from the parking area; provided, that if any nonadjacent parking facilities are approved, buses shall be used to transport the public to the event on a no-charge basis.

5. Hours of Operation. No outdoor musical assembly shall be conducted in the city limits between the hours of 12:01 a.m. and 9:00 a.m.; provided that no license shall be issued for more than one 24-hour period ending at midnight. The participants shall be required to have cleared the licensed area and its immediate environs not later than 1:00 a.m. of the day following the licensed event.

6. Requirements Compliance. Compliance with the terms and conditions of this chapter constitutes the minimum health, sanitation and safety provisions and failure to comply with the terms and conditions constitutes a public nuisance and the sponsors of the event shall be subject to all criminal and civil remedies as such. (Ord. 4012 § 2, 1984.)