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PUBLIC GATHERINGS
It shall be unlawful to operate or conduct any public gathering, including without limitation, public dances or live entertainment and public gatherings where gas or flammable liquids are used to prepare foods for the public and automobile shows or other shows where flammable gases or liquids are used,
without having first obtained a license as herein provided. For those purposes, the term PUBLIC DANCE OR LIVE ENTERTAINMENT shall include without limitation concerts, dances to pre-recorded music, dramatic plays, comedic performances, art and antique shows, merchandise exhibitions, outdoor picnics, barbeques, sporting events and similar activities which are open to the general public and where attendance is expected to exceed 50 persons, whether admission is free, by invitation or ticket and which are not part of a regularly scheduled series of events or seasonal events sponsored by a licensed business or governmental, educational, religious or other not-for-profit organization. All licenses issued hereunder shall be specific as to the person, firm or corporation to whom or which the license is issued, the public gathering for which the license is issued, the place where the gathering is to take place, the time limitation of the license and shall indicate that the location of the event has been inspected and approved by the City Fire Department for compliance with § 159.01, adoption of 2000 International Fire Code, of this code and the NFPA Life Safety Code. The following are exempt from the requirements of obtaining public dance or live entertainment licenses so long as the events are held indoors: clubs, hotels, cabarets, night clubs, and regularly licensed dance halls or pavilions. All outdoor events at these venues where attendance is expected to exceed 50 persons require appropriate licenses. No annual license for public dancing or live entertainment shall be issued for outdoor venues, including beer gardens or unenclosed areas under § 111.029. A separate license shall be obtained for each event and the license must be approved by the City Council.
(1980 Code, § 16.601) (Ord. 8987, passed 7-28-2003; Ord. 9373, passed 4-1-2019; Ord. 9387, passed 9-3-2019)
Penalty, see § 112.999
The licensing requirements hereby established shall not apply:
(A) To any premises licensed as a cabaret or night club under Chapter 111 of this code;
(B) When the person, firm or corporation and activity at the particular premises involved have been otherwise licensed under other provisions of this chapter;
(C) When the person, firm or corporation and the activity at the particular premises involved have been otherwise licensed under the provisions of Chapter 113 of this code; and
(D) To karaoke music (as defined below) provided the same is performed by amateur performers or patrons of an establishment or business. This exemption, shall not apply, however, for music, if performed by an individual for compensation or payment, whether direct or indirect. As used herein KARAOKE MUSIC means and includes singing or vocal music performed “live” or in person (as distinguished from recorded) by use of a microphone and amplified sound system which is accompanied by recorded instrumental or other music.
(1980 Code, § 16.602) (Ord. 8987, passed 7-28-2003) Penalty, see § 112.999
(A) Application. Applications for public dance or live entertainment licenses shall be made to the City Clerk on forms prescribed by the City Clerk. The application shall specify, at a minimum, the specific person, firm or corporation to whom or which the license is to be issued, the specific public dance or live entertainment to be licensed, the specific place where the dance or live entertainment is to take place and the specific term of license being sought.
(1) Applications for public dance or live entertainment licenses shall be made to the City Clerk on forms prescribed by the City Clerk. The application shall specify, at a minimum, the specific person, firm or corporation to whom or which the license is to be issued, the specific public dance or live entertainment to be licensed, the specific place where the dance or live entertainment is to take place and the specific term of license being requested.
(2) No annual license for public dancing or live entertainment shall be issued for outdoor venues, including beer gardens or unenclosed areas under § 111.029. A separate license shall be obtained for each event and the license must be approved by the City Council.
(B) Restrictions on live entertainment at outdoor venues. The annual live entertainment license is only issued for indoor venues. Outdoor venues needing a public dancing or live entertainment license must get a quarterly or monthly license, allowing for more frequent neighborhood canvases, which would be helpful should the outdoor live entertainment at a specific venue become a nuisance.
(C) Minimum requirement. No license shall be issued to a person who is not of good moral character and fitness, nor to a firm or corporation which is not represented in the city by an individual of good moral character and fitness. Additionally, no license shall be issued if the public dance or live entertainment contemplated could reasonably cause a menace to the public safety, health, morals or welfare and after consideration of the report of the Chief of Police.
(D) Investigation. It shall be the duty of the Chief of Police to make or cause to be made an investigation into the character of each applicant and whether the issuance of the license is likely to present a menace to public safety, health, morals or welfare. The report shall also obtain the results of a canvass of residents within 300 feet of the establishment requesting the license. The report shall be provided to the City Clerk.
(E) Issuance. Upon meeting the minimum requirements hereby established and payment of the fees hereinafter fixed, the City Clerk shall issue a public dance or live entertainment license. The City Clerk may, but shall not be required to issue any license until the City Clerk and the Chief of Police have been provided a reasonable opportunity to conduct the investigation, which opportunity shall, in any event, be at least 14 days.
(G) Exemption. The fees set forth in § 112.002 shall be waived for not-for-profit corporations or charitable entities organized under § 501 of the Internal Revenue Code and with their principal locations within the city.
(H) Expiration. All licenses issued on an annual basis shall expire on December 31 of each year. The Clerk shall prorate the annual license fees for any license application received after January l of a particular year.
(1980 Code, § 16.603) (Ord. 8987, passed 7-28-2003; Ord. 9012, passed 5-3-2004; Ord. 9373, passed 4-1-2019; Ord. 9387, passed 9-3-2019)
Penalty, see § 112.999
It shall be unlawful to conduct a public gathering, as defined in this subchapter, unless the condition of the premises where the gathering is to take place has been inspected by the City Fire Department for compliance with the requirements of § 159.01, adoption of 2000 International Fire Code, §§ 159.15 through 159.22, public buildings, of this code and the NFPA Life Safety Code. No designated area for a public gathering shall be less than 144 square feet. A license issued hereunder by the City Clerk shall be verified by the Fire Chief or his or her designee as to compliance with this section. No liability shall be imposed upon the city, City Clerk, Fire Chief or any official, agent or representative of the city for failure to require verification of compliance with the foregoing safety regulations or a failure to properly inspect or investigate the premises.
(1980 Code, § 16.604) (Ord. 8987, passed 7-28-2003) Penalty, see § 112.999
It shall be unlawful to indulge in or to permit any conduct at any public dance or live entertainment licensed which is a menace to the public safety, health, morals or welfare.
(1980 Code, § 16.605) Penalty, see § 112.999
(A) The Mayor is authorized and empowered to suspend or revoke any license issued under this subchapter. A license may be suspended or revoked:
(1) If the particular public dance or live entertainment at the particular location involved is found to be a menace to the public safety, health, morals or welfare;
(2) If there has been any violation by the licenses of the provisions of this subchapter or any other applicable provisions of state or local law relative to the public dance or live entertainment;
(3) If the license had been erroneously or illegally issued;
(4) If there had been any false statement or statements made on the application for the license; or
(5) For other good cause.
(B) The suspension or revocation of any license shall be in addition to any fine imposed under the provisions of this code.
(1980 Code, § 16.606) Penalty, see § 112.999
SHOOTING GALLERIES
It shall be unlawful for any person, firm or corporation to operate or conduct any shooting gallery in the city without having first obtained a license therefore.
(1980 Code, § 16.701) Penalty, see § 112.999
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