Section
General Provisions
118.001 Public exhibitions or entertainments in tents or in the open
118.002 Bond or liability insurance for operation of amusement rides
118.003 Carnivals
118.004 Carnival permit
118.005 Miscellaneous provisions
118.006 Approval or denial of application; revocation
Coin-Operated Machines
118.020 Definitions
118.021 Occupation tax levied
118.022 Payment of occupation tax; receipt to be attached to machine
118.023 Exemptions
118.024 Illegal machines not authorized
118.025 Skill or pleasure coin-operated machines and amusement redemption machines prohibited near schools, churches or hospitals, in accordance with state law
118.026 Amusement redemption machines and game rooms
Dances and Dancehalls
118.040 Definitions
118.041 Applicability
118.042 Enforcement
118.043 Maintenance of dancehall premises
118.044 Prohibited conduct; intoxicated persons
118.045 Authority of police to order premises to be vacated
118.046 Remedies cumulative
118.047 License required
118.048 License application; fee
118.049 Recommendation by Chief of Police
118.050 Inspection; approval by city officials; issuance
118.051 License contents; posting
118.052 License transfer
118.053 License duration
118.054 License suspension and/or revocation
118.055 Persons under 17 permitted in adult dancehalls
118.056 Persons 17 and over prohibited in juvenile dancehalls
118.057 Hours of operation of juvenile dancehalls
Pool Halls
118.070 Definitions
118.071 Hours of operation
118.072 License required
118.073 Filing of license application
118.074 Contents of license application
118.075 Falsifying license application
118.076 Display of license
118.077 Inspections
118.078 Revocation of license or permit not to bar prosecution
118.079 Revocation authorized; grounds
118.080 Hearing on revocation; notice to permittee
118.081 Same; conduct of hearing
118.082 Same; failure of permittee to appear at hearing
118.083 Findings and order by Hearing Officer
118.999 Penalty
Statutory reference:
Coin-operated services, see Tex. Occupations Code Ch. 2153
GENERAL PROVISIONS
For the preservation and protection of the public peace, morals, health and safety, and to reduce the hazards of fire, it is hereby declared unlawful for any person, or his or her agent or employees, to exhibit within the corporate limits of the city any show, circus, wild west show, bronco-busting performance, wax-works show, side show, acrobatic performance, sleight-of-hand performance, medicine show, vaudeville show, play, dramatic performance, operatic performance, musical entertainment, motion picture show or other public exhibition or entertainment of any nature, whether specifically named in this section or not, when any of the things specified in this section shall be exhibited, done, operated or performed in a tent or in the open or partly in a tent or partly in the open, or when not exhibited, done, operated or performed in a building or in a structure of a permanent nature, constructed and maintained in compliance with the building ordinances of the city; provided, however, that, the provisions of this section shall not apply to the giving of any exhibition or entertainment that may be given solely and entirely for civic, charitable, benevolent, educational or religious purposes.
(1998 Code, § 14-1) (Ord. 03-12, passed 4-2-2003) Penalty, see § 118.999
No person shall conduct, operate, manage or sponsor any activity permitted by § 118.001 of this chapter without first filing with the Chief of Police or his or her designee, to be forwarded to the City Secretary a certificate of general liability insurance in the amounts of combined single limits of $1,000,000, naming the city as an additional insured and indemnifying the public against damages sustained by reason of the operation. The certificate of insurance shall be subject to approval by the City Attorney. This section shall apply to all persons, whether or not a license is required by any other provision of this chapter.
(1998 Code, § 14-2) (Ord. 03-12, passed 4-2-2003; Ord. 13-17, passed 6-19-2013) Penalty, see § 118.999
It shall be unlawful for any person to show or exhibit any carnival within the city limits, except in strict compliance with the requirements of this chapter, as well as other applicable federal, state and local laws and regulations.
(1998 Code, § 14-3) (Ord. 03-12, passed 4-2-2003) Penalty, see § 118.999
(A) Permit required. No carnival shall be permitted without first obtaining a permit issued by the city, as evidenced by the signature of the Chief of Police or his or her designee.
(B) Application. Each application for a carnival permit shall include the name of the person, or entity applying for the carnival permit. Each application shall include the name of the carnival’s sponsor, organizer and promoter, if applicable.
(C) Time. Applications must be submitted to the Chief of Police or his or her designee at least 30 calendar days prior to the commencement of the carnival. Permits shall be valid for not more than ten calendar days.
(D) Review process. Applications for carnival permits shall be filed with the Chief of Police or his or her designee. The Chief of Police or his or her designee shall review the application and shall forward it to the Building Official and Fire Departments for review. City Inspectors and the Fire Marshal or designee shall inspect the facilities and equipment. Upon satisfactory completion of the review by all parties, the application shall be forwarded to the Chief of Police, or designee, for issuance of the permit. The application signed off by all reviewing parties shall not be considered as the permit or any approval.
(E) Additional permissions. Granting of a carnival permit by the city does not include the right to encumber or exclusively use city property or right-of-way. If the carnival is to be situated using city property or right-of-way, additional permission must be obtained from the city.
(F) Authorized use of premises. The applicant shall state the area of operation of the carnival. Applicant shall submit proof that the applicant has full authority to use or occupy the premises for the purpose stated in the application. A copy of the applicant’s lease or permission shall accompany the application.
(G) Sponsor. The applicant shall submit a statement signed by the sponsor of the carnival, if any, that such sponsor has engaged or permitted the applicant to conduct the event.
(H) Permit fee. The application shall include a fee of $250 for each permit request. The fee shall apply regardless of whether the applicant is a profit or non-profit organization.
(I) Details of operations. Explicit details of the operation of the carnival are required to be stated in the permit application. Requests for dates or times that conflict with previously scheduled events will not be considered; however, the applicant may revise the request to apply for a different date or time.
(J) Mobile amusement rides. Applicants of carnivals that will have mobile amusement rides shall permit the Building Inspector, or designee, to inspect the daily inspection records of each ride.
(K) Deposits and insurance.
(1) All costs for clean-up during and after the event are the responsibility of the applicant. Every applicant, upon approval of the application shall post a cash deposit or surety with the Chief of Police or his or her designee in an amount set by the Mayor. However, in no event, shall such amount be less than $1,000. The deposit requirement shall apply regardless of whether the applicant or the event is a profit or non-profit organization. The deposit shall be applied to cover any cost to the city of cleanup. The city shall promptly return the bond to the applicant, along with an accounting of any costs to which the deposit, in whole or in part, was applied.
(2) The applicant must obtain and maintain at applicant’s own expense, an insurance policy covering the event. The policy must be a general liability policy with combined single limits of $1,000,000. The city reserves the right to increase the amount of coverage or require additional types of coverage depending on the size of the carnival and any additional risk concerns. Such policies must name the city as an additional insured. Any other entities that might be impacted by this event shall also be named as additional insureds. The applicant must provide the city with proof of coverage prior to issuance of the permit. All policies required shall provide for a waiver of subrogation.
(3) The applicant must specifically agree to indemnify, defend and hold the city, its officers, directors, agents, representatives and employees harmless from and against any and all claims, expenses, damages or other liabilities, including reasonable attorneys’ fees and court costs, arising out of bodily injury or property damages arising out of or in connection with the event.
(4) The applicant must carry workers’ compensation coverage for its employees and submit proof to the city with the application.
(5) All insurance shall be with an insurance company with an insurance best rating of A-7 or better.
(6) The provisions of this section shall apply regardless of whether the applicant or the event is a profit or non-profit organization.
(1998 Code, § 14-4) (Ord. 03-12, passed 4-2-2003; Ord. 13-17, passed 6-19-2013)
(A) Compliance with laws. Applicants shall comply with all federal, state, county and local laws, including city ordinances, Mechanical/Electrical/Fire and related codes, as well as zoning regulations.
(B) Public safety. All carnivals must meet the public safety criteria of the City Police and Fire Departments. Acceptance of the permit shall be considered as a grant of permission for city, county or state enforcement officers to enter and inspect the premises for safety or violations of the law. Cost of standby fire personnel, security and EMS, shall be the responsibility of the applicant and shall be contracted for separately.
(C) Sanitation. The applicant is responsible for the sanitation for the event.
(D) Vendors. Applicants must coordinate all vendor and concession activities with the city. All vendors and concessionaires shall, at their expense, obtain any required city concessionaire permits and pay any associated fees.
(E) Sales tax. An applicant that will sell food or beverages or novelty items must obtain all proper permits and indicate the city as the origin of sales. If an applicant will allow third parties to sell the food or beverages or novelty items, the applicant shall show proof that applicant has required said third parties to comply with this requirement.
(F) Traffic control plan. Any use of the city right-of-ways will require a city-approved traffic control plan. Any costs involved in the development of this plan are the responsibility of the applicant.
(G) Alcohol. The sale or furnishing of alcoholic beverages will require an additional permit from the State Alcohol and Beverage Commission, and is allowed only in areas where not prohibited by the city code. If alcohol will be sold or provided, the applicant shall obtain and furnish proof of liquor liability insurance, in the amount of $1,000,000.
(H) Advertising and promotions. All banners, signage and advertisement to be installed for a carnival must be approved by the city’s Building Official before installation. The applicant must comply with the city zoning standards and the city’s sign ordinance.
(I) Mobile amusement rides. Applicants of carnivals having mobile amusement rides shall post signs at the entrance to the carnival and at each ride telling patrons where to report any ride that appears to be unsafe or ride operator who appears to be violating the law.
(J) Parking. Adequate parking shall be provided for by the applicant. The applicant shall show parking availability in the details of the operation of the carnival submitted to the city.
(K) Conduct. Offensive language, gestures, reckless driving, belligerency or unruly conduct will not be tolerated. Applicants are responsible for the actions of all spectators, visitors, guests, participants or invitees, and shall fully cooperate with law enforcement.
(L) Posting. The permit and insurance documents shall be conspicuously posted on site.
(1998 Code, § 14-5) (Ord. 03-12, passed 4-2-2003; Ord. 13-17, passed 6-19-2013) Penalty, see § 118.999
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