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HomeMy WebLinkAbout11292 ORD - 02/07/19734. IN JI�R�MG 1I17/73 2ND - AN ORDINANCE 0 RELATING TO THE REGISTRATION OF PROMOTERS OF CERTAIN OUTDOOR 1,USIC FESTIVALS AND THE ISSUANCE OF PERMITS FOR AND THE REGULATION OF CERTAIN OUTDOOR MUSIC FESTIVALS; PROVIDING PENALTIES', PROVIDING FOR SEVER - ABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. DEFINITIONS. IN THIS ORDINANCE: (1) "OUTDOOR MUSIC FESTIVAL" AND "EVENT" MEANS ANY FORM OF MUSICAL ENTERTAINMENT PROVIDED BY LIVE PERFORMANCES, ON PUBLIC OR PRIVATE ' - PROPERTY, WHICH IS SCHEDULED TO CONTINUE IN C.XCESS OF THREE HOURS WHERE: (A) MORE THAN FIVE HUNDRED (5500) PERSONS ARE REASONABLY ANTICIPATED TO BE IN ATTENDANCE AT ANY ONE PERFORMANCE; (B) ANY OF THE PERFORMERS OR ANY OF THE AUDIENCE ARE NOT WITHIN A PERMANENT STRUCTURE; AND (C) THE PERFORMANCE OCCURS INSICE THE- BOUNDARIES OF THE .CITY OF CORPUS CHRISTI. (2) "PROMOTER" MEANS ANY-PERSON OR GROUP OF PERSONS WHO ATTEM "T TO ORGANIZE, PROMOTE, OR SOLICIT FUNDS, 'OR THE ORGANIZATION OR PROMOTICN OF AN OUTDOOR MUSIC FESTIVAL. SECTION 2. PROHIBITED ACTS. (A) NO PERSON OR GROUP OF PERSONS MAY ACT AS A PROMOTER OF AN OUTDOOR MUSIC FESTIVAL IN THIS CITY WITHOUT FIRST HAVING REGISTERED WITH THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI. (B) NO PERSON OR GROUP OF PERSONS MAY DIRECT OR CONTROL OR ,� a• PARTICIPATE IN THE DIRECTION OR CONTROL OF AN OUTDOOR MUSIC FESTIVAL UNLESS A VALID PERMIT FOR THE EVENT HAS BEEN ISSUED AS PROVIDED IN THIS ORDINANCE. SECTION 3. THE REGISTRATION OF PROMOTERS. (A) A PROMOTER OF AN OUTDOOR MUSIC FESTIVAL SHALL REGISTER WITH THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI. (B) THE REGISTRATION FORM MUST INCLUDE: (1) THE NAME AND ADDRESS OF THE PROMOTER OR PROMOTERS; (2) THE NAMES AND ADDRESSES OF THE PROMOTERS ASSOCIATES AND EMPLOYEES WHO ARE ASSISTING IN THE PROMOTION OF THE OUTDOOR MUSIC FESTIVAL; AND (3) A STATEMENT AS TO WHETHCR OR NOT THE PROMOTER OR- ANY OF HIS ASSOCIATES OR EMPLOYEES HAVE EVER BEEN CONVICTED OF ANY CRIME REGARDING MISAPPROPRIATION OF FUNDS, THEFT, BURGLARY OR ROBBFRY. 11292 d y JRR/Mc 1/17/7--. 2ND s (C) A REGISTRATION FEE OF $5.00 MUST BE SUBMITTED WITH THE REGISTRATION FORM. - (D) THE APPLICATION MUST BE VERIFIED UNDER OATH BY THE PROMOTER AND HIS ASSOCIATES AND BE BASED ON HIS BEST INFORMATION AND BELIEF. SECTION 11. APPLICATION FOR PERMIT. (A) A PROMOTER DESIRING TO HOLD AN OUTDOOR MUSIC FESTIVAL WITHIN THE CORPORATE BOUNDARIES OF THIS CITY SHALL FILE A PERMIT APPLICATION WITH THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI. v. (B) THE APPLICATION MUST BC FILED.AT LEAST SIXTY (60) DAYS BEFORE THE DAY THE EVENT IS TO BEGIN. (C) THE APPLICATION MUST INCLUDE: (1) THE NAME AND ADDRESS OF THE PROMOTER AND THE NAMES AND ADDRESSES OF ALL ASSOCIATES AND EMPLOYEES OF THE PROMOTER ASSISTING IN THE PROMOTION OF THE EVENT; (2) A FINANCIAL STATEMENT OF THE PROMOTER AND A STATE- - MENT INDICATING ALL SOURCES OF CAPITAL BEING USED , IN THE PRO140TION OF SUCH OUTDOOR MUSIC FESTIVAL AND THE AMOUNTS OF SUCH CAPITAL; (3) A DESCRIPTION OF THE PLACE IJHERE THE FESTIVAL IS TO BE HELD; t�4) THE 14AME AND ADDRESS OF THE OWNER OF THE PLACE WHERE THE-EVENT IS TO BE HELD AND A STATEMENT DESCRIBING THE TERMS AND CONDITIONS OF THE AGREEMENT WHEREBY THE PROMOTER IS AUTHORIZED TO USE THE LAND; (5) THE DATES AND TIMES THAT THE EVENT IS TO BE HELD ;. (6) THE NUMBER OF PERSONS WHICH THE PRO140TER REASONABLY ANTICIPATES WILLATTEND THE EVENT AND A STATEMENT SHOWING HOW THE PROMOTER. HAS ARRIVED AT THE -EXPECTED NUMBER IN ATTENDANCE; (7) THE MAXIMUM NUMBER OF PERSONS THAT THE PROMOTER WILL ALLOW TO ATTEND THE EVENT, AND A STATEMENT SHOWING HOW THE PROMOTER. PLANS TO CONTROL THE NUMBER OF PER- , SONS IN ATTENDANCE AT THE EVENT; (8) A DESCRIPTION OF THE PROMOTERS AGREEMENT WITH THE PERFORMERS WHO ARE SCHEDULED TO APPEAR AT THE EVENT; AND (9) FULL AND C014PLETE STATEMENT DESCRIBING THE PROMOTER'S PREPARATIONS FOR THE EVENT TO COMPLY WITH THE STANDARDS OF SANITATION AND HEALTH AS PRESCRIBED IN SECTION.? OF THIS ORDINANCE. (10) A FULL AND COMPLETE STATEMENT DESCRIBING THE PROMOTER'S PAST AND FUTURE ADVERTISING OF THE EVENT WHICH INCLUDES BOTH THE MODE OF SUCH ADVERTISING AND THE PLACES WHERE SUCH ADVERTISING IS TO BE CONDUCTED. (D) THE APPLICATION FOR THE PERMIT MUST DE VERIFT ED BY THE PRO- MOTER AND ❑E IIASED ON HIS OCST INFORMATION AND BELIEF. . " JRR/Mc 1/17/73 2ND (E) A FILING FEE OF FIVE DOLLARS ($5) MUST BE SUBMITTED WITH THE APPLICATION FOR .A PERMIT. SECTION 5. SANITATION HEALTH AND FIRE REQUIREMENTS. (A) IN ANY APPLICATION FOR A PERMITS IN ADDITION TO THE MATTERS SET OUT IN SECTION 4 OF THIS ORDINANCE, THE PROMOTER APPLYING FOR SUCH PERMIT MUST AGREE IN SUCH APPLICATION TO PROVIDE AND MAINTAIN THE FOLLOWING RELATING TO HEALTH, SANITATION AND FIRE. (1) ADEQUATE PROVISION FOR THE DISPOSAL OF REFUSE; (2) REASONABLE PRECAUTIONS TO PREVENT FORESTS BRUSH, GRASS, AND STRUCTURAL FIRES AND PROVISION FOR ASSISTING THE CITY AUTHORITIES IN EXTINGUISHING ANY FIRE IN THE VICINITY OF ANY TRACT WHICH MAY BE USED FOR THE EVENT. THE PRECAUTIONS PROVIDED HEREIN MUST BE APPROVED BY THE FIRE MARSHAL PRIOR TO ISSUANCE OF THE PERMIT DESCRIBED IN SECTION 4 HEREIN. (3,, ADEQUATE PROVISION FOR THE SUPPLYING OF PORTABLE TOILETS AND ADEQUATE PROVISIONS FOR THE SERVICING OF SUCH TOILETS. (4) PROVISIONS FOR THE SUPPLY1 JG OF GARBAGE CANS AND GARBAGE LINERS TO BE GIVEN PERSONS ATTENDING THE EVENT AT THE TIME OF THEIR ARRIVAL AND PROVISIONS FOR THE PICKING UP OF GARBAGE AT CERTAIN DESIG- NATED TIMES DURING THE CONTINUATION OF THE EVENT. (5) ADEQUATE PROVISIONS FOR THE SUPPLYING OF FRESH WATER DURING THE DURATION OF THE EVENT AND ALSO THE PROVIDING OF DISPOSABLE DRINKING CUPS FOR SUCH WATER. (6) ADEQUATE PROVISION FOR THE FURNISHING OF FIRST AID FACILITIES MANNED BY TRAINED PERSONNEL. (7) ADEQUATE PROVISION FOR THE FURNISHING OF AMBULANCE SERVICE DURING THE PERIOD OF THE EVENT. (H) SUCH OTHER HEALTH AND SANITATION REQUIREMENTS AS MAY BE REQUIRED BY THE CITY HEALTH OFFICER. SECTION 6. HEALTH REPORT. (A) ON THE FILING OF AN APPLICATION FOR A PERMITS THE CITY SECRETARY SHALL FORWARD A COPY OF THE APPLICATION TO THE CITY HEALTH OFFICER, THE FIRE MARSHALS AND THE DIRECTOR OF PARKS AND RECREATION. (B) THE CITY HEALTH OFFICER, OR HIS DULY AUTHORIZED AGENTS SHALL MAKE A WRITTEN REPORT TO THE CITY MANAGER. THE REPORT SHALL STATE WHETHER OR NOT THE CITY HEALTH OFFICER BELIEVES THAT THE PREPARATIONS DESCRIBED IN THE APPLICATION WOULD IF CARRIED OUT, BE SUFFICIENT TO PROTECT THE COMMUNITY AND THE PERSONS ATTENDING THE MUSIC FESTIVAL FROM HEALTH DANGERS AND FURTHER -3- JRR/Mc 1/17/713 2ND • IN SUCH REPORT THE CITY HEALTH OFFICER SHALL MAKE RECOMMENDATIONS FOR ANY ADDITIONAL CONDITIONS AND PRECAUTIONS TO BE MADE RELATIVE TO THE SANITATION AND HEALTH OF THE PERSONS ATTENDING THE MUSIC FESTIVAL. THE FIRE MARSHAL SHALL SUBMIT A WRITTEN REPORT TO THE CITY MANAGER PERTAINING TO THE ADEQUACY OF THE FIRE PREVENTION MEASURES ADOPTED. IF THE EVENT IS TO BE HELD IN A CITY PARK, THE DIRECTOR OF PARKS AND RECREATION SHALL'SUBMIT HIS WRITTEN OPINION TO THE CITY MANAGER CONCERNING THE ADEQUACY OF PARK FACILITIES TO ACCOMMODATE THE EVENT AND WHETHER ADEQUATE PROVISIONS CAN BE MADE TO INSURE THE PROTECTION OF THE FACILITIES. (C) THE REPORTS OF THE CITY HEALTH OFFICER, FIRE MARSHAL AND DIRECTOR OF PARKS AND RECREATION SHALL BE FILED WITH THE CITY SECRETARY NO LATER THAN TWO DAYS BEFORE THE DATE OF THE HEARING ON THE PERMIT APPLICATION. (D) THE CITY HEALTH OFFICERIOR HIS DULY AUTHORIZED AGENT MAKING SUCH INVESTIGATION AND REPORT, THE FIRE MARSHAL AND THE-DIRECTOR OF PARKS AND RECREATION SHALL BE PRESENT AT THE HEARING ON THE PERMIT APPLICATION AND MAY BE CALLED TO TESTIFY BY ANY PERSON HAVING AN INTEREST IN THE PERMIT. SECTION 7. HEARING. (A) Tyr CITY COUNCIL SHALL SET A DATE AND TIME FOR A HEARING ON THE APPLICATION FOR A PERMIT. THE HEARING SHALL NOT BE HELD MORE THAN THIRTY (30) DAYS BEFORE THE DAY SET FOR THE FIRST PERFORMANCE OF THE EVENT AND NOT LESS THAN FIVE (5) DAYS AFTER THE DATE THE APPLICATION IS FILED. (B) THE PROMOTER SHALL BE ENTITLED TO TEN (10) DAYS NOTICE PRIOR TO THE DAY OF THE HEARING. (C) ANY PERSON MAY APPEAR AT THE HEARING AND'GIVE TESTIMONY FOR OR AGAINST THE GRANTING OF THE PERMIT. SECTION 8. USE OF PUBLIC PARKS. (A) IN ANY APPLICATION FOR A PERMIT TO CONDUCT AN OUTDOOR MUSIC FESTIVAL IN ANY CITY PARK, IN ADDITION TO THE MATTERS CONTAINED IN SECTIONS 4 AND 5 OF THIS ORDINANCE, THE PROMOTER APPLYING FOR SUCH PERMIT SHALL STATE IN HIS APPLICATION THAT HE AGREES TO THE FURTHER CONDITIONS AND STIPULATIONS: (1) THAT THE PROMOTER SHALL PAY TO THE CITY OF CORPUS CHRISTI THE REASONABLE VALUE OF ANY DAMAGES RESULT - ING FROM THE USE OF THE PARK OR OTHER PUBLIC LAND REFERRED TO IN THE APPLICATION. . JRR /Mc 1/17/73 2ND (2) THAT NO BUILDING OR OTHER STRUCTURES SHALL BE ERECTED EXCEPT ON PRIOR APPROVAL OF PLANS AND SPECIFICATIONS BY THE CITY OR OF THE CITY OF CORPUS CHRISTI AND THAT ALL PREMISES AND ALL APPURTENANCES THERETO SHALL BE KEPT IN A SAFE, SANITARY AND SIGHTLY CONDITION. (3) THAT UPON THE EXPIRATION OF THE PERMIT, ALL STRUCTURES AND IMPROVEMENTS PLACED ON THE PREMISES BY THE PROMOTER SHALL BE REMOVED AND THE SITE SHALL BE RESTORED TO ITS FORMER CONDITION. (4) TO PROVIDE A BOND IN THE AMOUNT OF ONE THOUSAND DOLLARS 01,000), MADE PAYABLE TO TI4E CITY OF CORPUS CHRISTI, SUBJECT TO APPROVAL BY THE CITY ATTORNEY, TO GUARANTEE THAT ANY STRUCTURES PLACED ON SUCH PREMISES ARE REMOVED AND TO FURTHER GUARANTEE THAT GARBAGE, TRASHY DEBRIS AND REFUSE WILL BE PROPERLY DISPOSED OF AND TO GUARANTEE THAT THE PREMISES USED BY THE PROMOTER FOR THE CONDUCT- ING OF THE EVENT SHALL BE RESTORED TO ITS FORMER CONDITION. (5) THAT LIABILITY INSURANCE IN THE AMOUNT OF TEN.THOUSAND DOLLARS ($10,000) FOR PROPERTY DAMAGE FOR THE CITY PARK AND ONE HUNDRED THOUSAND DOLLARS ($100,000) AND THREE HUNDRED THOUSAND DOLLARS ($300,000) FOR PERSONAL LIABILITY WILL BE PROVIDED BY THE PROMOTER PRIOR TO THE ISSUANCE OF THE PERMIT APPLIED FOR. (6) AN AFFIDAVIT WHICH STATES THAT IN CONNECTION WITH ANY EVENT FOR WHICH A PERMIT IS ISSUED BY THE CITY COUNCIL THAT THE APPLICANT SHALL NOT DISCRIMINATE AGAINST ANY PERSON OR GROUP ON THE OASIS OF RACE, COLOR, RELIGIOUS PREFERENCES OR SEX AND THAT ALL FACILITIES PROVIDED IN .CONNECTION WITH THE EVENT SHALL BE AVAILABLE TO ALL PERSONS ATTENDING SUCH EVENT. (7) THAT THE APPLICANT SHALL SHOW THE LOCATION OF SUFFICIENT OFF - STREET PARKING SPACE TO ACCOMMODATE THE ANTICIPATED ATTENDANCE AND UTILIZE THE SAME WITH LIMITED ACCESS TO MAJOR STREETS. SECTION 9. DENIAL OF PERMIT; GROUNDS. (A) A PERMIT FOR AN OUTDOOR MUSIC FESTIVAL SHALL BE DENIED TO AN APPLICANT BY THE CITY COUNCIL WHERE THE COUNCIL] BASED ON SUBSTANTIAL EVIDENCE, FINDS AS FOLLOWS: (1) THAT FALSE OR MISLEADING INFORMATION IS CONTAINED IN THE APPLICATION OR THAT REQUIRED INFORMATION IS OMITTED; (2) THAT THE PROMOTER DOES NOT HAVE SUFFICIENT FINANCIAL BACKING OR STABILITY TO CARRY OUT THE PREPARATIONS SPECIFIED iN THE APPLICATION OR TO ASSURE THE FAITHFUL PERFORMANCE OF HIS AGREEMENT; (3) THAT THE PREPARATIONS SPECIFIED IN THE APPLICATION ARE INSUFFICIENT TO PROTECT THE COMMUNITY OR THE PERSONS ATTENDING THE EVENT FROM HEALTH DANGERS OR DANGERS FROM FIRE; ORS IF THE EVENT IS TO BE HELD IN A CITY PARK, THAT THE FACILITIES ARE INADEQUATE TO ACCOMMODATE THE EVENT; (4) THAT THE CONDUCTING OF THE OUTDOOR MUSIC FESTIVAL ACCORDING TO THE APPLICATION INFORMATION SUPPLIED BY THE PROMOTER WOULD ON ITS FACE, INVOLVE THE VIOLATION OF CITY ORDINANCES OR STATE LAW; -5- JRR/MC 7/17/73 2ND • (5) THE TIMES AND PLACE FOR THE EVENT CREATE A SUBSTANTIAL DANGER OF CONGESTION AND DISRUPTION OF OTHER LAWFUL ACTIVITIES IN THE IMMEDIATE VICINITY OF THE EVENT; (S) THE PREPARATIONS SPECIFIED IN THE APPLICATION ARE INSUFFICIENT TO LIMIT THE NUMBER OF PERSONS IN ATTEND- ANCE AT THE EVENT TO THE MAXIMUM NUMBER STATED IN THE APPLICATION; OR (7) THE PRO140TER DOES NOT HAVE ADEQUATE AGREEMENTS WITH PERFORMERS TO INSURE WITH REASONABLE CERTAINTY TI {AT THE PERSONS ADVERTISED TO PERFORM WILL, IN FACTS APPEAR. (B) DENIAL OF A PERMIT HEREUNDER SHALL REQUIRE A MAJORITY VOTE OF THE COUNCIL. SECTION 10. PERMIT. A PERMIT, IF ISSUED, SHALL AUTHORIZE THE PROMOTER TO HOLD AN OUT- DOOR MUSIC FESTIVAL AT A SPECIFIED PLACE AND AT SPECIFIED TIMES AND SHALL EXTEND SUCH PRIVILEGE ONLY TO THE PROMOTER NAMED IN THE APPLICATION AND SHALL NOT BE ASSIGNABLE BY SUCH PROMOTER TO ANY OTHER PERSON. SECTION 11. REVOCATION OF PERMIT. (A) AT ANY TIME PRIOR TO TWO (Z) DAYS BEFORE THE DAY OF THE I'IRST PERFORMANCE OF THE EVENT, THE CITY COUNCIL MAY, AFTER REASONABLE NOTICE 70 THE PROMOTER AND A HEARING, REVOKE THE PERMIT ON A FINDING BY A MAJORITY OF THE COUNCIL THAT THE PREPARATIONS FOR THE EVENT WILL NOT BE COMPLETED IN TIME FOR THE FIRST PERFORMANCE AND THAT THE FAILURE TO CARRY OUT THE PREPARA- TIONS WILL RESULT IN A SERIOUS THREAT TO THE HEALTH OF THE COMMUNITY OR THE PERSONS ATTENDING THE EVENT. SECTION 12. IF FOR ANY REASON ANY SECTIONS PARAGRAPH, SUBDIVISION, CLUASE, PHRASE, WORDS OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID OR UNCOSTITUTIONAL BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION IT SHALL NOT AFFECT ANY OTHER SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, WORDS OR PROVISION OF THIS ORDINANCE, FOR IT IS THE DEFINITE. INTENT OF THIS CITY COUNCIL THAT EVERY SECTIONS PARAGRAPH, SUBDIVISION ) CLAUSEj PHRASE, WORD, OR PROVISION HEREOF BE GIVEN FULL' FORCE AND EFFECT FOR ITS PURPOSE. SECTION 13. THAT ALL ORDINANCES IN CONFLICT HEREWITH ARE HEREBY EXPRESSLY REPEALED TO THE EXTENT OF SUCH CONFLICT. o � _ THAT THE FOREGOING ORDINANCE WAS READ FOR TIIE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE�DAY OF }IIAL """ 19 -Z, DY THE FOLLOWING VOTE: �J a RONNIE SIZE14ORE `- CHARLES A. BONNIWE LL ROBERTO BOSOUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. V. GONZALES GABE LOZANO, SR.�� J. HOWARD $7AR1( THAT.THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIO.READING ON THIS THE %, DAY OF p j9 � BY THE V FOLLOWING VOTE: �J('-J(" BONNIE SIZEMORE CHARLES A. BONNIWE LL .ROBERTO BOSOUE Z, M.D. REV. HAROLD T. BRANCH' : THOMAS V. GONZALES GABE LOZANO, $R. J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE /__., DAY OF�,j9 �7 2 , BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL k ROBERTO BosquEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES � GABE LOZANOT SR. J. HOWARD STARK PASSED AND APPROVED, THIS THE 1L DAY OF ATTEST: CrKy SECH T JAYORro• em THE CITY OF CORPUS CHRISTI, TEXAS APP ED: DAY OF 5�.h1 l.CITY ATTORNEY PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lss : d County of Nueces. 1 Before me, the undersigned, a Notary Public, this day personally came ... ............................... 1UQ1a9,rd-.D.-- -iiar- din ........ ..... ... ......... who being first duly sworn, according to law, says that he is the 9 _ Class,•-_ A4y.. iMgfi.--•---•-•-•- ••-- •----- •----------- •- • - - - -- of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of Legal.. iloL Uae__aotLce--- o.E..- gaasacg -e 0f--- ord1nan"--- no-. 1.1. 2 42------- _------------------- _. of which the annexed is a true copy, was published in ............................ Times................................................... on the --- 101;1tlay of Fe-br- laMy-..........19-- 7a a abutmm exah - ------- -------------------- .......................... conscudi ve......................................................... _1 . ... ...... .......Times. Richard D. Hardin, Class. Adv, Mgr Subscribed and sworn to before me this. - _4}th•• -••- •••.day of.......................... Apri.l............... 19.-- ...:(3.. _ Louise Vick_. -'ter' ct�> ��f _ --Notary Public, Nueces - County, Texas l 4. j a ` ; .,7 v,