(a) It shall be unlawful for any person, firm, corporation or other entity or any agent of same which is holding, sponsoring, promoting or otherwise responsible for an event in an opera house, theater, picture show, arena, gymnasium or other place of assembly, with a defined seating capacity, to admit to such opera house, theater, picture show, arena, gymnasium or other place of assembly with a defined seating capacity at any time a greater number of persons than the seating capacity thereof, or to permit persons to stand or remain in the aisles or corridors thereof longer than may be reasonably necessary in going to and returning from their seats; and if such opera house, theater, picture show, arena, gymnasium or other place of assembly has more than one (1) floor or level, it shall likewise be unlawful to admit to any floor, level, balcony or gallery thereof at any time, a greater number of persons than the seating capacity of such floor, level, balcony or gallery.
(b) (1) Festival seating, defined as admitting persons to an activity which would customarily be presented in a concert seating arrangement where no seats are provided is prohibited in all enclosed indoor facilities with a fixed seating capacity greater than four thousand (4,000) seats.
(2) General admission seating is defined as admitting persons to an activity where seats are provided without tickets which assign them a particular seat.
(3) Reserved seating is defined as admitting persons to an activity where seats are provided with tickets which assign them a particular seat.
(c) Application for a special permit to use "festival seating" rather than general admission or reserved seating may be made by the person, firm, corporation or other entity or agent of same responsible for presenting an event proposing to utilize "festival seating" in a facility wherein "festival seating" is prohibited.
(1) Application for a special permit to use "festival seating" shall be made and the permit issued prior to advertising or placing tickets on sale for an event in which "festival seating" is to be utilized. When the event is part of a series of scheduled events, all featuring the same attraction, only one (1) permit shall be required for the entire series.
(2) The cost of making an application for a special permit to use "festival seating" shall be fifty dollars ($50.00).
(3) A special permit to use "festival seating" for an event in a facility where "festival seating" is prohibited shall be granted by the commissioner of public safety or his duly authorized representative when the applicant demonstrates to the satisfaction of the commissioner or his representative that due to the nature of the event, "festival seating" would not pose a reasonable threat to public safety. If the application is denied, the commissioner or his representative shall state his reasons in writing. The applicant may request a hearing before the commissioner of public safety to offer evidence why his application should be reconsidered.
(4) The commissioner of public safety shall promulgate rules, standards and procedures for granting and denying special permits so as to best assure the protection of public safety and welfare. The rules, standards and procedures shall be in writing and shall be presented to the council for approval.
(d) Any person, firm, corporation or other entity or any agent of same convicted of violating this section shall be fined not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00) for each offense.
(Ord. No. 998, § 1, 7-24-80)