Ordinance No. 0489 10-04-1971(Je)
, ORDINANCE N0. 489
AN ORDINANCE ADOPTING CHAPTER 22 OF THE FRIDLEY CITY
CODE PROVIDING FOR THE LICENSING AND REGULATION OF
NNSIC FESTIVALS
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THE COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOLLOWS;
SECTION 1. MUSIC EESTIVALS DEFINED. For the purpose of this Ordinance
Music Festivals shall mean and include any gathering of
individuals for the purpose of participating in or attending a musical
carnival, "rock" festival or like musical activity at which vocal or
instrumental or both vocal and instrumental music is provided by profes-
sional or amateur performers, or by pre-recorded means, and to which
gatherings members of the public are invited or admitted with or without
the payment of admission charges in any form.
SECTION 2. PROHIBITION. It sha11 be unlawful for any person, group of
persons or entity to operate, conduct, maintain, advertise,
sell or furnish tickets or other types of written authority to admission
to a music festival in the City of Fridley unless a license to operate or
conduct such festival shall have been issued in the manner hereinafter
described in this Ordinance.
� SECTION 3. APPLICATION FOR A LICENSE AND FEE.
a. Application for a license to conduct a music festival shall
be made in writing to the Records, Licensing and Elections Division,
Finance Department, City of Fridley, at least sixty (60) days prior to
the time indicated for the commencement of the music festival. The
application shall be accompanied by a❑on-refundable application fee
in the amount of Fifty Dollars ($50), which fiLing fee sha11 be paid
to the Finance Department, City of Fridley, and which said application
shall contain the following information:
_ (1) The name (including alias), age, residence mailing
address, and telephone numbers of each person making the appLi-
cation. If the applicat.ion is filed by a partnership, the name,
(including alias), age,�residence and mailing address and tele-
phone numbers of each partner shall be incLuded. If the applicant
is a corporation or a common 1aw or Massachusetts Trust, the
application shall be signed by the President and Secretary thereof,
or in the case of a common law or Massachusetts Trust, then by
the Trustees thereof and in each instance sha11 contain their
residences, mailing addresses and telephone numbers, the telephone
numbers, the mailing addresses and the street addresses of the
principal place of business of the corporation or trust and in
the case of a corporation shall also include a certified copy of
articles of incorporation and the by-laws of the corporation, and
� in the case of a common 1aw or Massachusetts Trust shall include
a certified copy of the trust indenture.
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ORDINANCE N0. 489 CONTINUED
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(2) The Location and legal description of the premises '
where the music festival is proposed to be conducted, including
a11 lands to be used for automobile parking and other incidental
uses. The applicant sha11 submit proof of ownership of said
premises and the written consent of a11 owners thereof for the
proposed use.
(3) The date or dates and the hours during which the
festival is to 6e conducted.
(4) An estimate of the numbers of persons, participants
and spectators expected to attend the proposed music festival
on each day it is conducted, together with detailed information
supportiag such estimate.
(5) A detailed statement of the appLicant's program and
plans to provide emergency communications, security protection,
water supply, food supply, sanitary facilities, medical faciLitie,s
and services, vehicle parking space, vehicle uses and on-site
traffic control, sound and lighting equipment, fire protection, �
garbage, trash and litter clean-up service, and if it is proposed�
or expected that spectators or participants wi11 remain at night
or overnight, the arrangements for illuminatiag the premises and
for camping and similar facilities. There sha11 be included a
map showing the location of a11 such facilities and equipment on
the premises including the locatian of a11 loud speakers and the '
location of a11 toilets, medical facilities and solid waste
receptacles.
(6) A detailed explanation of the applicant's plan for
policing the activity with particular emphasis on the control
and prevention of alcoholic and drug consumption.
b. The Application sha11 include an agreement filed by the appli-
cants and by the owners of the subject premises that they wi11 reimburse
all owners and occupants of property adjoining the subject premises for
any and a11 loss, injury or damages to such owners or occupants or to
their property caused by the applicants, by the owner of the subject
premises, or by any person attending or participating in the music
festival, which damage shall not have occurred had the music festival
not been he1d. Accompanying and securing said agreement sha11 be a
surety company bond in favor of the City of Fridley and a11 persons
to whom the applicant and/or owners of the subject premises may be
liable 6ecause of the above required agreement. Said bond sha11 be
prepared by a corporate bonding company authorized to do business with-
in the State of Minnesota and sha11 6e in the amount of not less than
Fifty Thousand Dollars ($50,000).
c. The application shall include an agreement filed by the appli-
cants to defend, indemnify, save and hoLd the City of Fridley harmless �
from and on account of any and a11 claims against the City of Fridley
for injury or damage of any kind or nature to persons or property in,
upon or about the subject premises or arising from or in connection -
with said music festival from any cause whatsoever. The applicants
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ORDINANCE N0. 489 CONTINUED
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' sha11 covenant and agree to keep and maintain in fu11 force and
effect for a period of one year from and after the date upon which
they sha11 have been issued a license to conduct a music festival,
a policy of pubLic liability and property damage insurance in
standard form in insurance companies satisfactory to the City of
Fridley and sha11 furnish the policy therefore to said City of Fridley.
Such public liability insurance sha11 insure the City of Fridley for
limits of not less than $250,000 for injury to any one person and
$500,000 for injury to more than one person, and in the amount of
$50,000 for property damage. Said poLicy sha11 be delivered to the
City of Fridley at least ten (10) days before the issuance of a
license and such policy sha11 bear an endorsement of or shall be
accompanied by evidence of receipt of payment of the premium thereon.
d. The application sha11 include an agreement signed by the
applicants providing that within seventy-two (72) hours after the
conclusion of the music festival the s.pplicants will clean up the
premises, including contiguous public roads, ways and easements,
and remove all debris, garhage, trash, litter and other waste matter
from, in and around said premises; together with a11 advertising
matter to said festival.
SECTION 4. FINGERPRINTS AND PHOTOGRAPHS. An application sha11 n�7t be
considered completed until each applicant has been finger-
' printed and .photographed by the City of Fridley Police Department.
SECTION 5. PROCESSING APPLICATION; REFERRAL FOR INVESTIGATION. IIpon
receipt of the fulLy completed application the Finance Director
of the City of Fridley sha11 give copies of the application to the City
Manager and Chief of Police. The City Manager and the Chief of Police sha11
each determine whether with regard to their specific areas of responsibility
the proposed music festival can be held without violation of any of the
provisions of this Ordinance. Within forty-five (45) days after the filing
of a completed application, the City Manager and the Chief of Police sha11
complete their investigations and shall notify the Finance Director of their
approval or disapproval of the issuance of a license. If a11 such Officers
approve the issuance of a license, the Finance Director sha11, after collect-
ing a license fee of One Hundred Fifty Dollars ($150) for each day the music
festival is to be operated, issue said license. If any of said Officers
disapproves the issuance of a license, no license shall be issued, and the
reasons for such disapproval sh�11 be stated in writing with such notice of
disapproval, a copy of which sha11 be delivered to the applicant.
SECTION 6. REVOCATION OF LICENSE. The City Manager and/or the City Council
shall have the right to revoke any license issued pursuant to
this Ordinance after a public hearing held after written notic� is given
to the Licensee at least twenty-four (24) hours prior to such hearing, for
any of the following causes:
� a. The licensee fails, neglects or refuses to fu11fi11 any
of the conditions.imposed upon the granting of a license.
b..� The licensee fails, refuses or neglects to fulfill any of
the provisions of the proposed program or plans.
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ORDINANCE N0. 489 CONTINUED
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c. The licensee permits the music festival to be conducted �
in a disorderly maaner or allows any person to remain on the premises
while under the influence of intoxicating liquor or any nartcotics or
dangerous drug.
d. The licensee violates, or atte�p� to violate, any law of the
State and/or the provisions of this Ordinance or any other Ordinan ce
of the City of Fridley.
e. That the licensee has previously made a false, misleading
or fraudulent statement of material fact ia the application for a
license or in any other document required pursuant to this Ordinance.
Written notice of such revocation shall 6e forwarded by the City Clerk
to the Chief of Police, the Finance Director and to the licensee at
the address given in the application. Such revocation sha11 become
effective immediately after ordered by the City Manager.
SECTION 7: SUSPENSION OF OPERATION. The Chief of Police may suspend
operation and.close any music festival prior to the expiration
of the license granted under the provisions of this Ordinance in the event
of the occurrence of a riot, major disorder, or serious breach of the peace
when, in his opinion, it becomes necessary to prevent injury to person or
persons and/or damage to property.
SECTION 8. NUMBER OF PARTICIPANTS. If the City Manager shall as a condition '
of issuance of the license, impose a limit on the number of
persons to be admitted to the music festival and/or requiring that only
holders of tickets shall be admitted to the premises on which the festival
is to be he1d, it sha11 be unlawful for the licensee, or any agent or
employee of the licensee:
a. To a11ow, permit; or suffer the entrance to the premises in
which the music festival is held, of any person who does not possess
a ticket, except a peace officer or other public officer in the per-
formance of his duties;
b. To sell, give, or distribute a greater number of tickets than
the number authorized by the City Manager;
c. To a11ow, permit or suffer the admission of any person to a
music festival if such admission sha11 result in a greater number of
persons present than authorized by the City Manager.
SECTION 9. EXEMPTION FROM MAKING APPLICATION FOR A LICENSE AND PAYING THE
APPLICATION FEE.
a. Any person, group of persons, or entity seeking to hold,
conduct, or operate a music festival, as that term is defined in
Section l, on real property owned, leased, rented or possessed by any
public entity, may be exempted from making application for a license, ,
paying the appLication fee, providing the indemnity bond and the policy
of public liability and propepty damage insurance required by Section 3,
provided each of the following conditions is satisfied:
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ORDINANCE NO. 489 CONTINUED
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(1) The person, group or persons, or entity seeking to hold,
' conduct, or operate a music festival makes application in writing
to the City Manager, City of Fridley, £or a permit, on a£orm
to be provided by him, at least five (5) days prior to the time
indicated for the commencement of the festival.
(2) The applicant obtains and delivers to the City Manager,
at the time of making the application, a written sponsorship
of or written permit £or the festival signed by the public
entity on whose real property the festival is proposed to be
held, conducted, or operated.
(3) The application shall set forth the day or days, the
time which shall not exceed four (4) hours duration on any one
day between the hours of 10:00 o'clock a.m. and 10:00 o'clock
p-.m., and the place of the proposed festival, and the name,
residence address and telephone number.of the applicant and
each member of the performing musical group(s) including their
leader(s).
(4) The applicant confirms in the application, or in a �
separate writing attached thereto, that: (a) each member of
the musical group(s), including their leader(s), will receive
no monetary compensation for performing in the festival and,
(b) no charge whatsoever will be sought or collected for
admission to or attendance at the proposed festival.
� (5) The applicant agrees in the application, or in a
separate writing attached thereto, that he will assume full
responsibility for restoring the immediate location of the
festival, including the area occupied by the audience, to
a clean and sanitary condition, and will remove and properly
dispose of all debris, garbage, litter and other waste matter
from, in and around said location, together with all adver-
tising matter relating to the festival, within four (4) hours
immediately following the conclusion of the festival.
b. The City Manager shall examine the application and all
supporting documents, including the written sponsorship or permit of
the public entity, and if he finds them to be in compliance with
the required conditions set forth herein, he shall issue a permit
in writing to the applicant authorizing the music festival to be
held, conducted, or operated on the date(s), and at the time(s)
and place(s) indicated therein, and he shall forthwith transmit a
copy of the permit to the affected public entity. The City Manager
shall have the final decision making authority in connection with
the issuance or denial or permits hereunder.
c. No permit granted under the provisions of this Section 9
shall be transferable or removable to another location. The City
Manager shall have the right to revoke any permit issued under the
' provisions of this Section 9 after a hearing held upon at least
eight (8) hours written notice given to the permittee for any of
the causes set forth in Section 6(Revocation of License) of this
Ordinance. The Chief of Police may suspend operation and close any
music festival prior to the expiration o£ the permit granted under
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ORDINANCE NO. 489 CONTINUED
PAGE 6
the provision of this Section 9 in the event of the occurrence of '
imminent threat of a riot, major disorder, or serious breach of the
peace when, in his opinion, it becomes necessary to prevent injury -
to person or persons and/or damage to property.
SECTION 10. VIOLATION OF ORDINANCE - PENALTIES. Any violation of this
Ordinance is subject to all penalties provided £or such violations
under the provisions of Chapter 105, as amended, of the Pridley City
Code.
SECTION 11. CONSTITUTIONALITY. If any section, subsection, sentence,
clause or phrase o£ this Ordinance is for any reason held unconsti-
tutional or invalid such decision shall not affect the remaining partions
of t1�is Ordinance, and the Council does hereby declare that it would
have passed this Ordinance in every section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that any one or mose other
� sections, sentences, clauses or phrases be declared unconstitutional or
invalid.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH DAY OF
OCTO$ER,1971.
ATTEST:
/ / ! `�l)w � •-- i„i
CITY C�RK - MARVIN C. BRUNSELL
First Reading: September 20, 1971
Second Reading: October 4, 1971
Publish.......: October 13, 1971
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f� � �
�l}I �G��CU'� 'i,.���1i.w�.
�/ MAYOR - JACK O. KIRKHAM
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