§ 95.08 REQUIREMENTS FOR LICENSURE.
   Before any license under this chapter may be issued, the applicant shall demonstrate that the proposed assembly shall satisfy the following requirements:
   (A)   Maximum numbers of individuals. A license shall only permit the assembly of individuals of up to the maximum number of persons stated in the license application, as such may be approved by the City Council. The City Council may impose restrictions on the maximum number of individuals which shall be assembled as deemed necessary to protect the health, safety, and general welfare of those persons who shall be in attendance, the residents of the community in which the assembly shall be held, and other residents of the city. The licensee shall not sell tickets to, nor permit to assemble at the licensed premises, more than the maximum permissible number of individuals stated in the license, provided that where the assembly is to continue overnight, the maximum number shall not be more than that number allowed to remain within the boundaries of the assembly area by an applicable ordinance of New Prague or regulations of the Minnesota Department of Health, whichever is stricter.
   (B)   Fenced grounds/barriers. The city may require a fence or other barrier to enclose the assembly area, being not less than four feet in height and of sufficient strength to prevent individuals from gaining unauthorized access to the assembly area, and having sufficient entrances and exits to allow safe and easy movement into and out of the assembly area. Parking areas which are intended to accommodate vehicles shall be exempted from inclusion within the fencing requirement but shall be considered to be a part of the licensed premises for all other purposes of this chapter.
   (C)   Noise limitations. All necessary precautions shall be taken to ensure that the sound of the Assembly shall not carry unreasonably beyond the licensed premises. Live or recorded music shall cease on or before 10:00 p.m. in all areas of the city, except that duration may be extended to midnight for the downtown area, except by approval of the City Council.
   (D)   Restroom facilities and portable sanitation. The licensee shall provide adequate restroom facilities and/or portable sanitation, sufficient to accommodate the maximum number of individuals to be assembled and which facilities shall be conveniently located throughout the licensed premises. Such facilities shall be provided in accordance with the Minnesota State Board of Health regulations and standards as well as ADA recommendations. The City Administrator shall review the applicant’s plan for such facilities, and the applicant shall comply with any changes requested by the City Administrator, prior to or following issuance of the license.
   (E)   Solid waste disposal. The licensee shall maintain the licensed premises in a neat and orderly manner and shall provide a sanitary method of disposing of solid waste which shall comply with all applicable state and local laws and regulations. This method of disposal shall be designed to be of sufficient size to contain the solid waste production of the maximum number of individuals to be assembled at the rate of at least two and one-half pounds of solid waste per person, per day. The city shall retain the right to increase the licensed premises solid waste disposal capacity requirement as deemed appropriate through the licensing process established herein. The licensee shall also provide a plan for collecting and removal of all such solid waste at least once each day of the scheduled assembly.
   (F)   Parking. The city may require the licensee to provide a parking area of sufficient size to provide parking space for the maximum number of individuals authorized to be assembled, based upon a calculated rate of at least one parking space for every three individuals. At a minimum, adequate disabled-designated parking spaces shall be provided in accordance with applicable Minn. Rules governing the provision of such.
   (G)   Administrative control center. The city may require the licensee to provide an administrative control center which shall be equipped with, at a minimum, telecommunications equipment by which local authorities shall be able to contact the licensee and/or any law enforcement personnel inside the assembly area.
   (H)   Bond.
      (1)   As a condition precedent to the issuance of a license, the city may require the licensee to file with the City Administrator a bond underwritten by a surety company licensed to do business in the State of Minnesota, a cash escrow in an amount and upon terms acceptable to the city, or an irrevocable letter of credit in an amount and on terms acceptable to the city, which shall indemnify and hold harmless the city or any of its agents, officials, servants, employees, or volunteer workers from any liability, claims, or causes of action which might arise, for payment of employees or services provided by the city, and for any cost incurred in cleanup, removal, and disposal of any solid waste or other material produced or left by the assembly.
      (2)   In the event that a licensee is found to have violated any term or condition upon which the license was granted, the city may call upon the bond posted in accordance with this section. No portion of the bond shall be released to the applicant until all provisions of the license have been resolved to the satisfaction of the City Council and the assembly has been completed.
   (I)   Insurance. Prior to the issuance of a license, the licensee shall file with the City Administrator a certificate of insurance demonstrating/identifying that the applicant has obtained a policy of insurance in amount no less than $1,500,000 for bodily injury or death of one person, and not less than $1,500,000 for bodily injury or death of two or more persons in any one incident, and no less than $1,500,000 for damage to property, insuring the licensee against liability for injury, death or property damage arising out of the assembly. The licensee shall also provide the city with proof of insurance of the vendors providing entertainment or activities as part of the assembly.
   (J)   Medical facilities. The licensee shall ensure the availability of medical emergency services and inform the city’s ambulance service provider with details of the event. The city may require the licensee to have licensed emergency personnel and equipment on the licensed premises. The city may also require an enclosed, temperature-controlled facility on the licensed premises wherein medical treatment may be rendered, containing at least two beds for the first 1,000 persons or an incremental portion thereof, and an emergency ambulance on the site of the assembly staffed by at least two state-licensed emergency attendants. For an assembly in excess of 1,000 persons, the necessity of additional medical facilities and personnel shall be determined by the emergency medical providers for the assembly, subject to the approval by the city.
   (K)   Security. The licensee shall prepare and implement a security, traffic, emergency communications, weather emergency, and narcotics control plan which shall meet the requirements of local authorities and the Minnesota Department of Public Safety. The plan shall provide for security guards who may be regularly employed law enforcement officers. At least one security guard for the first 250 individuals to assemble shall be provided. Additional security personnel shall be provided as deemed necessary by the City Council. Law enforcement personnel shall be provided as determined and deemed appropriate by the Police Department.
   (L)   Fire protection. The city may require the applicant to submit for approval to the Fire Marshall or Fire Chief a plan providing for fire protection equipment, alarms, and trained personnel. A copy of the fire protection plan shall be a part of the application.
   (M)   Camping. No person holding a license shall permit and no participant in an assembly shall remain overnight at the location of the assembly, except for a reasonable number of persons required for security purposes, unless otherwise permitted by the city as part of the license.
   (N)   Lighting. Assemblies continuing during hours of darkness shall provide sufficient illumination to safely light the entire area of the licensed premises accessible to the public, but in no case less than at the rate of at least five-foot candles. Such illumination shall not unreasonably extend beyond the boundaries of the licensed premises.
   (O)   Duration of assembly. If the assembly is reasonably expected to continue for four or more consecutive hours, the city may require the licensee to provide the following:
      (1)   Portable water. Meeting all federal and state requirements for sanitary quality, sufficient to provide drinking water for the maximum number of people to be assembled at the rate of at least one gallon per person per day. When the assembly or any related activities are to continue for more than 24 consecutive hours, water for bathing at the rate of at least ten gallons per person per day, or incremental portion in excess thereof.
      (2)   Telecommunications. Telecommunications providing sufficient services to the maximum number of people to be assembled as determined by the Emergency Management Director.
   (P)   Cleanup plan. A plan for the removal and disposition of litter, staging, fixtures, and other paraphernalia located within or upon the licensed premises shall be provided by the applicant.
   (Q)   Food and product supply and sales. Any person who supplies or sells products, including food, shall be required to obtain a peddler’s permit as per Ch. 118 of the City Code and also hold any necessary approvals from the Department of Health.
   (R)   Animals, activities and entertainment. The applicant is required to provide detailed information as to the entertainment activities proposed to be conducted upon the licensed premises, including, but not limited to, animals, games, music, parades, motorized and non motorized vehicles. Submitted plans shall include a procedure for the care of the animals and method of waste disposal.
   (S)   Waiver. The City Council may consider requests for variances from any of the requirements of this chapter when an applicant can show that strict compliance with this chapter would cause exceptional and undue hardship by reason of the special nature of the proposed assembly or by reason of the fact that the circumstances make the requirements of this chapter unnecessary; provided that such variances may be granted without detriment to the public health, safety, or welfare and without impairing the intent and purpose of these regulations.
(Ord. 332, passed 11-7-22)