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The provisions of this chapter shall not apply if no admission fee is charged for or in connection with the business or activity and nothing is sold by or in connection with the business or activity, nor shall the provisions of this chapter apply to any lecture on any scientific, historical, religious or literary subject or to any activity conducted by a school, church or local non-profit organization for the sole profit of such school, church or organization.
(Ord. A-48, passed 12-28-1953)
The license fee shall be as follows:
Auctioneer | $3 per month or $25 per year for a resident of Lee County; $10 per day for others |
A non-resident of Lee County, who is maintaining and operating a permanent auction house business in the city, on Council approval may be granted a license for the same charge as a resident | |
Billiard or pool hall | $10 per year for the first table and $5 per year for each additional table |
Bowling alley, shooting gallery, skating rink or pawn shop | $80 per year |
Building or house moving | $10 each day the building or house is on the public streets, avenues or alleys; provided, no fee shall be charged for a building or house under eight feet in width |
Carnival, show, menagerie | $25 per day or $100 per week |
Circus | $100 per day for a circus with five or more rings; $50 per day for a circus with less than five rings |
Drive-in theater | $75 per year |
Fortune teller, palm reader, clairvoyant or similar activities | $15 per day or $100 per week |
Motion picture show or exhibition, theatrical exhibition or any public exhibition of any kind | $25 for the first performance or showing and $10 for each additional performance or showing; provided that, no fee shall be charged if the show or exhibition is put on, in or at a theater duly licensed as provided in subsections A and B above |
Public dance hall | $100 per year or $5 per dance |
Theater | $100 per year if the seating capacity is 800 or more; $50 per year if the seating capacity is under 800 |
Any type of performance not specifically provided for above | License fee to be set by the Mayor |
(Ord. A-48, passed 12-28-1953; Ord. A-172, passed 11-20-1961)
The Clerk shall issue the license applied for, upon forms furnished by the city, upon proper application being made therefor and compliance by applicant with the following terms and conditions:
(A) Payment of the fee provided for in § 4-2-3 of this chapter;
(B) Showing that the business or activity is not immoral, vulgar or illegal;
(C) In case of fortune tellers, palm reader, clairvoyants or related activities, the furnishing to the Clerk of a certificate of health from a duly licensed and practicing physician in the city;
(D) Execution and filing with the Clerk by any person, engaged in any business or activity referred to in this chapter and not a resident or having a permanent place of business or resident agent in Iowa of an instrument containing the following:
(1) An agreement that said person shall be subject to the jurisdiction of the District Court of the state in and for Lee County, at Fort Madison, over all civil actions or proceedings against such person, for damages to any person or property growing out of or in any way connected with the operation of such business, firm or corporation in the city or within the police jurisdiction thereof;
(2) An appointment irrevocable for six months after said person, leaves the city, the Clerk, as lawful attorney upon whom may be served all original notices of suit pertaining to such actions and proceedings;
(3) An agreement by said person, that any original notice so served shall be of the same legal force and validity as if personally served in the state; and
(4) An agreement by said person to assume full liability for any damage to person or property occasioned by the negligence of any person, animal, equipment or other thing employed or used by or in connection with the business or activity mentioned in this chapter whether the same be employed or used by such person, or by an independent contractor associated, with, performing with or in any way connected with said person.
(E) In the case of a circus, carnival, show, menagerie, shooting gallery or house moving, the execution and filing with the Clerk of a good and sufficient bond or liability insurance policy, in the respective amounts specified below, the bond to be with surety or sureties to be approved by the Clerk and conditioned that the principal and surety will pay all damages to person or property caused by the negligence of any person, animal, equipment, or other thing employed or used by or in connection with any of the businesses or activities mentioned in this division (E), whether the same be employed or used by the person conducting such activity or business or by an independent contractor associated with, performing with or in any way connected with said person, said bond to be in force six months after its execution and until any action, suit, or proceeding commenced within said six-month period is disposed of:
Circus | $25,000 |
Carnival | $25,000 |
Show | $10,000 |
Menagerie | $10,000 |
Shooting Gallery | $10,000 |
House Moving | $1,000 |
(Ord. A-48, passed 12-28-1953)
No business or activity specified or described in this chapter shall parade, march, perform or exhibit on the streets, avenues, alleys or public places of the city without first having obtained from the Mayor, in addition to the license specified in § 4-2-4 of this chapter, a permit which shall be issued without charge, and which shall specify the line of march or performance and the time, manner, and conditions of such march, parade, exhibition or performance. No riotous or disorderly march, parade, exhibition or performance shall be permitted.
(Ord. A-48, passed 12-28-1953)
No obscene, vulgar, immoral, illegal or disorderly show, exhibition or entertainment shall be licensed or permitted, and no person receiving, conducting or taking part in any show, exhibition, or entertainment shall conduct, permit to take part in any obscene, vulgar, immoral, illegal or disorderly show, exhibition or entertainment under such license or at the place licensed.
(Ord. A-48, passed 12-28-1953)
All theaters, opera houses, halls and other buildings where substantial numbers of people assemble shall be provided with exits sufficient in size and number to enable all persons therein to escape in case of fire. All exit doors shall, at all times when an audience is in such building, be unobstructed and said doors shall not be locked, hooked or bolted, except by use of panic bars. All exit doors and doors which a person must pass through to reach the exit shall open outward. The aisles and other approaches to the exits shall, at all times when an audience is present, be completely free from obstruction by persons standing, seats, chairs or other equipment. It shall be unlawful to permit the assembling of persons in the lobbies of such theaters, opera houses, halls and other buildings where substantial numbers of people assemble or to permit the entrance into same of a larger number of persons than can be seated therein.
(Ord. A-48, passed 12-28-1953)
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