(A) The applicant shall submit an application not less than 60 days prior to the proposed commencement of the business, under oath, on a form to be provided by the City Clerk, which application shall disclose the pertinent information about the applicant, his or her proposed business location, facilities, maximum capacity to be admitted, business history and responsibility, as the Clerk may require and shall be accompanied by the following:
(1) Evidence that the applicant has obtained public liability insurance with limits as set forth in the city schedule of fees and property damage insurance with a limit as set forth in the city schedule of fees from a company approved by the Commissioner of Insurance of the state, which insurance shall insure applicant, his or her employees and agents against liability for death or injury to persons or damages to property which may result from the conduct of the licensed business, which policy or policies shall remain in full force and effect in the specified amounts during the term of the license. The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the City Clerk, in writing, at least ten days before the expiration or cancellation of the policy;
(2) A corporate surety bond in the amount as set forth in the city schedule of fees in a form to be approved by the City Attorney, conditioned upon the applicant’s faithful compliance with all of the terms and provisions of this subchapter and all applicable provisions of this code, county ordinances and state statutes;
(3) A license fee shall be charged in accordance with the city’s schedule of fees;
(4) Promoters of public assemblies under this section shall provide toilet facilities for both men and women in the ratio of one toilet for every 200 admissions, and one lavatory for every 300 admissions. The facilities, if temporary, must be approved by the County Health Department; and
(5) If the applicant is not a resident of or a corporation licensed to conduct business by this state, he or she shall designate an agent located in this state for acceptance of service of process.
(B) The City Clerk may refer the application to the Chief of Police, the County Health Department, the State Fire Marshal and such other public officials as he or she may deem appropriate.
(C) The application, supporting data, and reports of governmental officials shall then be presented to the City Council. In passing on the application, the Council shall determine whether or not the proposed business meets the requirements of this code, other applicable county ordinances and applicable state statutes and shall approve or deny the license accordingly. If the license is denied, the basis or bases for denial shall be specified in the resolution of denial.
(D) Advertising of the applicant’s proposed business prior to the issuance of a license by the city shall constitute a violation of this subchapter by the applicant and shall constitute a basis for the denial of the license.
(E) Based upon the maximum number of persons to be admitted to the licensee’s place of business per day as disclosed in application, if the number exceeds 499 persons and if the City Council in its discretion determines that the public safety and welfare make it desirable that police personnel be assigned to the vicinity of the licensee’s place of business, the licensee shall be obligated to reimburse the city for the actual expense in providing the police service to the extent of two officers for the first 500 persons and one additional officer for each additional 200 persons.
Penalty, see § 111.99