4-156-640 Legal duties.

   (a)   A licensee and any person requiring a license under this Article shall have the following duties:

      (1)   to designate a person who shall be present at all times during the indoor special event and who shall be responsible for ensuring compliance with all applicable rules and regulations and for accepting all notices of violation and of license suspension or revocation and closure orders;

      (2)   to post exit diagrams, drawn to scale, in a conspicuous place at all entrances to and exits from the establishment identifying all means of egress from the establishment, including the location of all available exits and, if applicable, all floor-by-floor corridors, stairways, evacuation routes, areas of rescue assistance and elevator lobbies. Each diagram shall measure not less than 11 inches in width by 17 inches in height, and shall be (i) made of durable material; (ii) illuminated; and (iii) substantially secured to a wall or partition;

      (3)   to post occupancy placards, reflecting the current floor plan for the premises, in accordance with the requirements of Section 13-84-410;

      (4)   to ensure that each vendor, exhibitor or pop-up retail user participating in the event has and posts all licenses required by law;

      (5)   to maintain sanitary conditions in any area where food for the event is prepared, served or stored, or where glasses or utensils used in the service of alcoholic liquor and other beverages are kept and cleaned; and

      (6)   to provide and maintain in sanitary condition proper and sufficient toilet facilities, consisting of water closets or chemical closets equipped with a sink or hand-sanitizer-gel-dispensers, for use by persons attending the event.

   (b)   Any vendor, exhibitor or pop-up retail user participating in an indoor special event shall have and post all licenses required by law.

   The requirements set forth in this section shall apply to every principal officer of the applicant.

(Added Coun. J. 10-6-05, p. 58166, § 3; Amend Coun. J. 2-10-16, p. 18766, § 6; Amend Coun. J. 9-20-18, p. 84293, § 10)

4-156-650 Unlawful acts.

   It shall be unlawful for any licensee or for any person requiring a license under this Article to do the following:

   (a)   To exceed the limitation on the number of events which can be held at the establishment within any 12-month period;

   (b)   To exceed the establishment's occupancy, as set forth on the posted occupancy placards;

   (c)   To conduct any activity at an event requiring adult use registration and certification under Chapter 16-16 of this Code;

   (d)   To sell alcoholic liquor after 12:00 midnight and before 12:00 noon;

   (e)   To sell alcoholic liquor or present amusements outside the sites designated on the license application.

   The prohibitions set forth in this section shall apply to every principal officer of the applicant.

(Added Coun. J. 10-6-05, p. 58166, § 3; Amend Coun. J. 2-10-16, p. 18766, § 6)

 

Notes

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4-156-660 License – Suspension – Revocation.

   The commissioner may at any time suspend or revoke any indoor special event license issued under this Article if the event is operating in violation of this Code or any other applicable law, or if such suspension or revocation is necessary to preserve the health or safety of the public. At the time of the suspension or revocation, notice of the suspension or revocation with the reasons therefor shall be mailed to or served upon the licensee or any person designated by the licensee pursuant to this Article. Unless the license will expire by its own terms before a hearing can be reasonably scheduled, no such suspension or revocation shall take effect until the licensee has been given notice and an opportunity to be heard in accordance with rules and regulations promulgated by the department. If necessary to prevent an immediate threat to the health or safety of the public, the commissioner shall order the licensee to cease operation of the indoor special event pending the outcome of the hearing.

(Added Coun. J. 10-6-05, p. 58166, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 2-10-16, p. 18766, § 6)

4-156-670 Judicial review.

   Any action of the commissioner in denying or revoking a license under this article shall be subject to judicial review as provided by law.

(Added Coun. J. 10-6-05, p. 58166, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

4-156-680 Regulations.

   The commissioner shall have the authority to promulgate rules and regulations necessary to implement this Article. Notice of any rules and regulations promulgated pursuant to this Article shall be published, and such rules and regulations shall be kept on file in the office of the commissioner and made available to the public for inspection and copying during normal business hours.

(Added Coun. J. 10-6-05, p. 58166, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 2-10-16, p. 18766, § 6)

4-156-700 Violation – Penalty.

   Except as otherwise provided in this Article, any person violating any of the requirements of this Article shall be subject to a fine of not more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

(Added Coun. J. 10-6-05, p. 58166, § 3; Amend Coun. J. 2-10-16, p. 18766, § 6)

ARTICLE V. PERFORMING ARTS VENUES* (4-156-710 et seq.)

* Editor's note – Coun. J. 11-30-05, p. 62481, § 1, amended the Code by adding provisions designated as a new Art. IV, §§ 4-156-530, 4-156-535, 4-156-540. Inasmuch as Art. IV already exists, at the discretion of the editor said provisions have been codified as a new Art. V, §§ 4-156-710 – 4-156-730.

4-156-710 Definitions.

   “Performing arts venue” or “arts venue” means a building or portion thereof in which the aggregate maximum occupancy of all performance spaces within the building is less than 500 persons and which is used by an organization for live theatrical and other live cultural performances. If the organization is operating as an incidental use in a building that is primarily used in the conduct of activities of a religious, philanthropic, educational, eleemosynary or other not-for-profit organization, the aggregate maximum occupancy of all performance spaces within the building shall be less than 1,000 persons.

   “Performance space” means the portion of the premises where the live theatrical or other live cultural performance is provided or permitted, and does not include any hallway, lobby, or public restroom.

   “Premises”, for the purposes of this Article V only, means the area to be licensed.

(Added Coun. J. 11-30-05, p. 62481, § 1; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 24)