(A) No promoter shall be permitted to stage a late night event without a valid promoter license issued by the city. A promoter who stages a late night event without a license is subject to a $1,000 fine.
(B) The City Manager, or his or her designee, is responsible for granting, denying, revoking, renewing, suspending and canceling licenses for proposed or existing promoters. To be approved, applications must comply with all requirements of this chapter.
(C) Applications must be made on a form provided by the city. Applicants must provide an original and two copies of a sworn application which must contain the following information and documents.
(1) If the applicant is:
(a) An individual: the individual's legal name, aliases, Social Security number, and proof of age 25 or older.
(b) A partnership: the complete name, tax identification number, all partners' names, and a copy of any partnership agreement.
(c) A corporation: its complete name, date of incorporation, tax identification number, names of all officers, directors, and principal stockholders, name and address of its registered agent and evidence of good standing under Ohio law. A principal stockholder is any person who owns more than five percent of the outstanding shares of stock of the corporation.
(2) The name of the business if different from the applicant's and any required registration documents.
(3) Whether the applicant or other listed individuals has had any permit or license revoked, suspended, or denied and the name of the business, the city or county of occurrence and the date on which the permit or license was suspended, revoked, or denied within the last five years.
(4) Whether the applicant or other listed individuals hold any other business permits and the names and locations of all other such businesses.
(5) The applicant's business and residential addresses and telephone numbers. If the applicant has been at his/her/its current address for less than five years, then all business and residential addresses of applicant for five years prior to the date of the application must be included.
(6) The applicant's tax identification number and written proof of age in the form of picture identification issued by a governmental agency.
(7) The application must be signed by the individual applicant, and each person who has at least a five percent interest in the business. If a corporation is the applicant, then each person owning at least five percent of the corporation must sign the application.
(D) Applicants are under a continuing duty to promptly update their application information. Failure to do so within 30 days of the date of a change in application information shall be grounds for license suspension.
(E) If the City Manager learns that an applicant improperly completed the license application, the City Manager shall promptly notify the applicant and allow ten days for correction.
(F) A $500 non-refundable application fee is due at the time the applicant files an application under this section.
(G) A certificate of insurance shall be provided to meet the requirements of this section that shall:
(1) Verify that an insurance policy has been issued to the applicant by an insurance company licensed to do business in the State of Ohio that carries a financial rating of not less than "A" in the most recent addition of "Bests Key Rating Guide" published by AM Best (or its equivalent successor);
(2) Verify that the applicant is insured on an occurrence basis against claims for personal injury, including death, as well as claims for property damage;
(3) Satisfy the requirements for comprehensive liability coverage as follows. Comprehensive general liability insurance: comprehensive general liability, insurance to cover liability, bodily injury, premises operation, and property damage must be maintained. Coverage must be written on an occurrence basis, with the following minimum limits of liability and provisions, or their equivalent:
(a) Bodily injury:
1. Each occurrence: U.S. $100,000; and
2. Annual aggregate: U.S. $300,000.
(b) Property damage:
1. Each occurrence: U.S. $100,000; and
2. Annual aggregate: U.S. $300,000.
(H) Bond required. In order to insure emergency safety or enforcement measures taken by the city, a performance bond in the amount of $5,000 to cover the cost of such measures shall be required to be filed with the City Manager or his designee. The performance bond shall authorize immediate payment to the city on certification by the City Manager that necessary emergency work was done to secure the public's safety as a result of the licensee's failure to adhere to requirements of the license.
(I) By filing an application under this section, the applicant shall be deemed to have consented to the provisions of this chapter and to the investigation of the application by the City Manager and his designees. Such investigation shall include, but not be limited to, a criminal background check of all owner(s) and operator(s) listed on the application.
(J) A promoter license may be renewed annually upon written application, subject to the payment of a $2,500 annual renewal fee, and a finding that the license holder is still in conformance with the license requirements.
(Ord. 11-2009, passed 7-20-09)