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HomeMy WebLinkAbout022235 ORD - 05/16/1995AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 33, ARTICLE V. OUTDOOR MUSICAL FESTIVALS BY AMENDING SEC. 33-86. DEFINITIONS; SEC. 33-87. REGISTRATION AND PERMIT REQUIRED; SEC. 33-88 REGISTRATION OF PROMOTERS; FEE; SEC. 33-89. APPLICATION FOR PERMIT FILING; CONTENTS; FEE; SEC. 33-90. SAME -AGREEMENT AS TO SANITATION, HEALTH AND FIRE REQUIREMENTS.; SEC. 33-91. SAME -AGREEMENT TO USE OF PUBLIC PARKS.; SEC. 33-92 SAME -FORWARDING AND FILING COPIES; REPORTS OF OFFICERS.; SEC. 33-93 HEARING.; SEC. 33-94. DENIAL OF PERMIT; GROUNDS.; SEC. 33-95. SCOPE OF PERMIT.; SEC. 33-96. REVOCATION OF PERMIT AND; SEC. 33-97 PERMANENT FACILITIES; ANNUAL PERMITS, INSPECTIONS; TO UPDATE THE INSURANCE REQUIREMENTS, THE FEES, THE RESPONSIBLE PARTIES, AND THE APPLICATION REQUIREMENTS FOR RECEIVING A PERMIT TO HOLD AN OUTDOOR MUSIC FESTIVAL; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi Code of Ordinances, Chapter 33, Article V. Outdoor Music Festivals, is hereby amended by amending the following sections: Sec. 33-86. Definitions. As used in this article the following terms shall have the respective meanings ascribed to them: Outdoor music festival and event: Any form of musical entertainment provided by live performances, on public or private property, which is scheduled to continue in excess of three (3) hours where: (1) More than one thousand five hundred (1.500) five hundred (500) persons are reasonably anticipated to be in attendance Qn at any one day perfortnttnee; (2) Any of the performers or any of the audience are not within a permanent enclosed structure or area; and (3) The performance occurs inside the boundaries of the city. 95ag5000.660 May 5, 1995 _' 2 2 3 5 Promoter: Any person or group of persons who attempt to organize, promote or solicit funds, for the organization or promotion of an outdoor music festival. (Ord. No. 11292, § 1, 2-7-73) Festival site: The location of an outdoor music festival. Sec. 33-87. Registration and permit required. (a) No person or group of persons may act as a promoter of an outdoor music festival in this city without first having rcgiatcred with the city secretary. registering with the Park and Recreation Department. (b) No person or group of persons may direct or control or 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 article. (Ord. No. 11292, § 2, 2-7-73) See. 33 88. Registratieu-uf proi..eters; fcc. (a) A-prei..etei of an eutdoo..rxisic festival-shall-legistci with -the eity-seeretaiy. (b) The registration form mu3t ineludc. (1) Thc-oanic and-add.ess-e€the peeiaeter-r-proniotcrs; (3) A statcmcnt as to whether or not the promoter or any of his associatcs or employ lattrgiatr or`robber` (c) A registration fcc of five -dollar, ($5.00) n us be biaittcd with- he-registratioirfe..a. (Ord. No. 11292, § 3, 2-7-73) Sec. 33-89. Application for permit --Filing; contents; fee. (a) A promote application with the eity-seerefary Park and Recreation Department. 95ag5000.660 shall file a permit May 5, 1995 (b) The application must be filed at least sixty (60) seventy (701 days before the day the outdoor music festival event is to begin. (c) The application for outdoor music festivals on both public and private property must include: (1) The name(s) and addresses) of the promoter and the namcs and addresses of all associates and employees of thc promotcr assisting in the promoting the outdoor musical festival• on of the event; (2) A description and address of the festival site (3) The name and address of the owner of the festival site and a statement listing the terms of the agreement authorizing the promoter to use the festival site• Thc name • describing thc terms and conditions of the agreement whcrcby thc promotcr is uthori2eda _A_land; f (4) The dates and times that the outdoor musical festival event is to be held; (5) Promoters' reasonable estimate of persons attending the outdoor music festival and the basis for the estimate- Thc .xn..bcr of pe,,ei,s which tht pretnetei reasonably arrived at thc expected number in attendance, (6) The maximum number of persons that the promoter will allow to attend the outdoor music festival event, and a copy of promoter's plan to control attendance at the outdoor musical festival (7) A description of promoter's plans to comply with health and sanitation standards required herein or in the permit - hmlth as prcscribcd in section 33 90; and (D For outdoor music festivals on public nroperty the application must also include the following: 95ag5000.660 a (1) The promoters' financial statement and a statement listing the source and amount of money budgeted to promote the outdoor music festival- A May 5, 1995 (2) A synopsis of promoter's agreement with the scheduled performers listing the performers and estimated performance time(s). A description of thc (3) A description of the type. method. and location of promoter's past and future advertising for the outdoor music festival. includes both thc en ,f en adveitishig-s,nd-the vvI1.,tema.,1t (4) A statement whether the promoter or any of his employees or agents have ever been convicted of any crime regarding misappropriation of funds. theft burglary. or robbery. I) (-et) The application for the permit must be signed and verified by the promoter and be based on his best information and belief. (0 (e) A filing fee for a special event permit must be paid at the time of application. of five 1„ 11..1s ($5.00)111u3t be submitted with thc applicatiet.--fei a pe,...it. (Ord. No. 11292, § 4, 2-7-73) Sec. 33-90. Same --Agreement as to sanitation, health and fire requirements. In any application for a permit, whether on public or private property in addition to the matters set out in section 33-89, the promoter applying for such permit must agree in such application to provide and maintain the following for the duration of the outdoor music festival relating to health, sanitation, and fire, security. crowd and traffic control as determined by the Park and Recreation Department or the appropriate City departments: (1) Adequate provision for the disposal of refuse including litter removed during the outdoor music festival. Litter control for the outdoor mustic festival will be prescribed by the Park and Recreation Department. (2) Reasonable precautions to prevent forest, 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(j described in section 33-89 herein. (3) Adequate provision for the supplying and servicing e€ portable toilets and --adequate 95ag5000.660 May 5, 1995 (4) Previsieu -fm thc supylyit.g of garbagc cans and garbage li i r.> tu- - iv .. Y .O.,..,, (43) Adequate provisions for the supplying ef fresh water and disposable drinking cups for during the duration of the outdoor music festival cvcnt and also thc providing of (56) Adequate provision for the furnishing ef first aid facilities which are manned by trained personnel. (F) Adequate provision for the furnishing of ambulance service during the outdoor music festival thc pet iod of the -event. (78) Such other health and sanitation requirements as may be required by the city health officer. 11) Adequate provision for the security of the participants as well as businesses and neighborhoods surrounding the festival site. (2) Provide -for -adequate Adequate provision for traffic control, before, during, and after the event- as determined by the Police Department. Police Department will determine if any costs are -to -be -paid incurred for said traffic control shall be paid by the promoter. (10) That no buildings or other structures at the festival site shall be crcctcd cxccpt on meet all city building codes and be kept in a safe, sanitary, and sightly condition. (Ord. No. 11292, § 5, 2-7-73) Sec. 33-91. Same --Agreement as to use of public property only -parks. In any application for a permit to conduct an outdoor music festival on in any city property partt, in addition to the matters contained in sections 33-89 and 33-90, the promoter applying -for such permit shall - : - ' - . - agrees to the further conditions and stipulations as follows: (1) That the promoter shall pay to the city the reasonable value of any damages resulting 95ag5000.660 May 5, 1995 from the its use of the park or other public land referred to in the application. (2) That ne buildings or other structures at the festival site shall be-crcctca-except on (3) sanitary, and sightly condition. meet all city building codes and be kept in a safe, That upon the expiration of the permit, all structures and improvements placed on the festival site premises by the promoter shall be removed and the festival site shall be restored to its former condition. (4) To provide a bond, or other similar money guarantee in the amount of two ene thousand dollars ($2,000.00), made payable to the city, subject to approval by the city attorney, to guarantee that any structures placed on the festival site premises are removed and to further guarantee that garbage, trash, debris, and refuse will be properly disposed of and to guarantee that the festival site premises used by the promoter for the conducting e€ the outdoor music festival cvcnt shall be restored to its former condition. (5) That liability insurance and all other relevant insurance as specified by the City's Risk Manager or his designee will be provided by the promoter prior to the issuance of the permit -applied-€er. (6) An affidavit that the applicant promoter shall not discriminate against any person or group on the basis of race, color, religious preference, disability, or sex and that all facilities provided in connection with the outdoor music festival cvcnt shall be reasonably available to all persons attcnding in attendance -3 ch -event. (7) That the promoter 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. (Ord. No. 11292, § 8, 2-7-73) Sec. 33-92. Same --Forwarding and filing copies; reports of officers. (a) On the filing of an application for a permit, the city --secretary Park and Recreation Department shall 95ag5000.660 • • • 4 - coordinate a meetin• with all relevant de artments. May 5, 1995 (b) The city health officer, or his duly authorized agent, Park and Recreation Department assure compliance with all appropriate codes. The to the city manager pertaining to thc adequacy of the fi eprevention-measures-adopted. (c) The reports of thc city health officer, fire marshal and dircctor of in3pcction3 and operations shall bc filed with thc city secretary no later than two (2) days bcforc the date of the In.w111g u11 the p..11111t "PP llCatlult (d) Th., city h.,alth officer, or hi3 duly authorized ag.,11t making such i.tvestigatie,rar.d report, (Ord. No. 11292, § 6, 2-7-73) Sec. 33-93. Hearing. (a) The Director of Park and Recreation or designee shall set a 24 date and time shall bc sct for a hearing on the application for a permit. The hearing shall net be held not less mere than thirty (39) sixty (602 days before the day set for the first performance of the outdoor music festival event and not less than fivc (5) days after thc date thc application i3 filed. (b) The promoter shall be entitled to five (5) 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 ef the permit. (d) After conclusion of the hearing. the City Manager shall schedule the application for consideration by the City Council. (Ord. No. 11292, § 7, 2-7-73; Ord. No. 20486, § 1, 10-4-88) Sec. 33-94. 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: 95ag5000.660 May 5, 1995 if r (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/hers/its agreement; (3) That the preparations specified in the application are insufficient to protect the community or the persons attending the outdoor music festival cvcnt from health dangers or dangers from fire; or, if the outdoor music festival cvcnt is to be held on in -a city property park, that the facilities are inadequate to accommodate it the cvcnt; (4) That the conducting an 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) That Tthe times and place for the outdoor music festival cvcnt create a substantial danger of congestion and disruption of other lawful activities in its the immediate vicinity of the cvcnt; (6) That Tthe crowd control preparations specified in the application are insufficient to limit the number of persons in attendance arz ie-cvcnt to the maximum number stated in the application; or (7) That Tthe promoter does not have adequate agreements with performers to insure with reasonable certainty that the persons advertised to perform will, in fact, appear. (b) Denial of a permit hereunder shall require a majority vote of the council. (Ord. No. 11292, § 9, 2-7-73) Sec. 33-95. Scope of permit. A permit, if issued, shall authorize the promoter to hold an outdoor music festival at a specified festival site plaee 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. (Ord. No. 11292, § 10, 27-73) 95ag5000.660 May 5,1995 Sec. 33-96. Revocation of permit. At any time prior to two (2) days before the day of the first performance of the outdoor music festival event, the city council or their designee may, after reasonable notice to the promoter and a hearing, revoke the permit on a finding by a majority of the council that the preparations for the outdoor music festival event will not be completed in time for the first performance and that the failure to carry out the preparations will result in a serious threat to the health of the community or the persons attending the event or for failure to comply with the terms of this ordinance. (Ord. No. 11292, § 11, 2-7-73) Sec. 33-97. Permanent facilities; annual permits; fee; inspections. (a) Permanent, plrrivate outdoor concert facilities operated as an ongoing business shall be exempt from the requirement of applying for a permit for each event, compliance with all othcr applicable provisions of this article, receive an annual permit to hold City -owned permanent outdoor concert facilities such as the Cole Park Amphitheater, and regular events such as Bayfcst operated under the terms of a lease agreement with the city, are also exempt from this article. (Ord. No. 17969, § 1, 12-7-83) Sec. 33-98. Variances. The City Council may vary anv requirements herein. SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 95ag5000.660 May 5, 1995 That the foregoin ordinance was read for titsfirst time and passed to its second reading on this the CI day of IV , 19 0 , by the following vote: Mary Rhodes Dr.Jack Best Betty Black Melody Cooper Tony Heldenfels aAt. r Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols That the oregoing ordinance was e d for the second time and passed finally on this the 110 day of ,, 19 , by the following vote: Mary Rhodes (1 ).1. Betty Jean Longoria /�a�IA„ Dr.Jack Best John Longoria OJO- AA V Betty Black • 1 Edward A. Martin Melody Cooper _ � Dr. David McNichols t/�+"1 Tony Heldenfels 2e.tid PASSED AND APPROVED, this the ii0 day of ATTEST: City Secretary APPROVED: 7 DAY OF LOCcui- JAMES R. BRAY, JR., CITY ATTORNEY Assistant City • ttorney \forms\044 MAYO , 922235 CITY OF CORPUS CHRISTI State of Texas, } County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad 42359 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022235 ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES CHAPTER 33a ARTICLE V OUTDOOR MUSIC FESTIVALS which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 22ND day(s) of MAY. 1995 ONE (1) Time(s) $ 7220 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 31ST day MAY. 1995. I GLit�' 2�c'xJ Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97 cl2/Monday, May MO NOTICE OF PASSAGE OFIDINANCE NO. 0235 ORDINANCE AMENDIINGI CORPUS CHRISTI CODE ORDINANCES, CHAPTER 33 ARTICLE V. OUTDOOR SIC FESTIVALS; SEC. 33-96. DEFINITIONS; SEC. 33-87. REQUIRED; SEC.A3389PERMIT REG- ISTRATION OF PROMOTERS; FEE; SEC. 33-89. APPLICA- TION FOR PERMIT FILING; SAME-AGREEMENTNTS; FEE: AS AS TO SANITATION, HEALTH AND FIRE REQUIREMENTS; SEC. 33-91. SAME -AGREEMENT TO USE OF PUBLIC PARKS; SEC. 33-92 SAME -FOR- WARDING AND PILING COPIES; REPORTS OF DPFi- CMS; . SFC, 33-93 NEYpYD. llu SEC. 33-94. DENIAL OF PER- MIT; GROUNDS; SEC. 33-95. SCOPE OF PERMIT; SEC. 33-96. REVOCATION OF PERMIT AND; SEC. 33-97 PERMANENT FACILITIES; ANNUAL PERMITS, INSPEC- TIONS; TO UPDATE THE INSURANCE REQUIREMENTS, THE FEES, THE RESPONS*LE PARTIES, AND THE APPLI- CATION REQUIREMENTS FOR RECEIVING A PERMIT TO HOLD AN OUTDOOR MUSIC FESTIVAL EFFECTIVE UPON PUBLICATION. The ordinance was passed and approved by the City Council of the City of Corpus Christi on the 16th day of May, 1999. /U MOMS nap -Clty Swwry City of Carpus Christi T T