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(a) Every person found guilty of violating any of the provisions of this article shall, upon conviction thereof, be fined an amount not exceeding five hundred dollars ($500.00) or imprisonment for a period not exceeding ninety (90) days or both in the discretion of the Court.
(b) Any operation of a wrecker or towing and wrecker service without a license as required is declared a nuisance per se and may be abated by injunctive proceedings or any other civil remedy.
(Ord. 2655, passed 8-14-1978)
ARTICLE XV. EDUCATIONAL MUSEUM/THEME PARK
For the purposes of this ordinance the following terms, phrases, words and their derivatives shall have the meanings set forth herein.
CASH FLOW. The cash flow generated by the licensee from the annual operations of the educational museum/theme park and is more specifically defined in the CASH FLOW Agreement required by this ordinance.
EDUCATIONAL MUSEUM/THEME PARK. Any building, structure, or collection or combination thereof (including RELATED PARKING AREAS) operated for the purpose of educating and entertaining the general public through the presentation of a collection of exhibits, displays, amusements, shows, rides, etc., which building, structure, collection or combination hereof occupies in excess of ten acres and is located in an area where more than fifty percent (50%) of all the land within five hundred (500) feet of its boundaries, excluding waterways, is developed land. For the purposes hereof, DEVELOPED LAND includes streets, roads, alleys, sidewalks and parks.
RELATED PARKING AREAS. Those areas for the parking of vehicles for guests and invitees of the educational museum/theme park which includes all such parking areas located on the theme park site as well as those parking areas located within a 2,500 foot radius of the external boundaries of said theme park site and which are owned, operated or managed by the licensee or by any other person, firm or corporation by agreement with the licensee and which are substantially used for the parking of automobiles for the guests and invitees of the licensee.
STATE GRANT FUNDS. The amount of any grant from the State of Michigan to be utilized in the construction, financing and/or operation of the educational museum/theme park.
SUBSTANTIAL COMPLETION DATE. The date of the occurrence of the later to occur of:
(1) The achievement of substantial completion under the construction contract, the supplier contracts and other construction period documents related thereto of the educational museum/theme park; or
(2) The date upon which the educational museum/theme park is ready to open for admission to the general public.
UDAG GRANT. Any amounts received from the United States Department of Housing and Urban Development as an Urban Development Action Grant to be utilized in the construction, financing and/or operation of the educational museum/theme park.
(Ord. 2867, passed 2-14-1983)
No person, firm or corporation shall operate an educational museum/theme park within the City of Flint without first obtaining a license therefor. A license for the operation of an educational museum/theme park, as provided for herein, is in addition to, and not in lieu of, any other franchise, license or permit which might be required by any Federal, State or local law.
(Ord. 2867, passed 2-14-1983)
Each license granted hereunder shall be for such term of years as is set forth in the Cash Flow Agreement required pursuant to this ordinance. Application for renewal of an existing license shall be made to the City Clerk no later than 30 days prior to the termination of the existing license as set forth in the Cash Flow Agreement required hereby. Such application for renewal shall not be refused except as provided herein.
(Ord. 2867, passed 2-14-1983)
Application for a license pursuant hereto shall be made upon a form prepared and made available by the City Clerk and shall provide:
(a) The name and main business address of the applicant.
(b) The names and main business addresses of any firm, association, or corporation of which the applicant is a division or subsidiary.
(c) The names and addresses of all owners, partners, directors, officers and resident agents of the applicant.
(d) The names and addresses of all stockholders of the applicant who own twenty-five percent (25%) or more of the applicant’s stock, or of all partners or other owners of twenty-five percent (25%) or more of the applicant.
(e) A report of the prior calendar year’s activities for the educational museum/theme park indicating:
(1) Total attendance on a daily basis;
(2) Number of vehicles parked in the Related parking areas on a daily basis;
(3) A statement of any citations which the educational museum/theme park may have received for alleged violation of any Federal, State or local law, including the disposition of such citation and current status thereof; and
(4) An annual statement of operating expenses and income prepared by an independent accounting or consulting firm.
(Ord. 2867, passed 2-14-1983)
Each year during the term of the license, as such term is set forth in the Cash Flow Agreement, the licensee shall, on or before April 1, file with the Clerk an annual report which will indicate all of the same information as required in an original application for a license filed pursuant to § 12-117 above.
(Ord. 2867, passed 2-14-1983)
Upon application for the original license hereunder, the applicant shall pay a license fee which shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.
(Ord. 2867, passed 2-14-1983; Ord. 3402, passed 2-8-1999)
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