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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 e 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. �� ORDINANCE N0. 489 CONTINUED PAGE 2 (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 �J ORDINANCE N0. 489 CONTINUED PAGE 3 ' 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. C� ORDINANCE N0. 489 CONTINUED PAGE 4 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: �( ORDINANCE NO. 489 CONTINUED PAGE 5 (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 M � 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. ._ � 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 . f� � � �l}I �G��CU'� 'i,.���1i.w�. �/ MAYOR - JACK O. KIRKHAM / 1