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HomeMy WebLinkAbout2003-2670 - Ordinance - 10/09/2003ORDINANCE NO. 2610 AN ORDINANCE AMENDING CHAPTER 4, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 4, "Business Regulations", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hun&ed Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 9th day of October ,2003. A~~q/~EST: C~nhie Hooks, City Secretary APPROVED: RON~L~rI~, Mayor APPROVED: City Attorney ORDINANCE NO. 2670 Page 2 EXHIBIT "A" That Chapter Four, "Business Regulations", Section Four, "Carnivals, Circuses, Menageries, Sideshows, Concessions, and Special Events", of the Code of Ordinances of the City of College Station, Texas, is hereby amended in its entirety as set out hereafter to read as follows: SECTION 4: CARNIVALS, CIRCUSES, MENAGERIES, SIDESHOWS, CONCESSIONS, AND SPECIAL EVENTS a. LICENSE REQUIRED It shall be unlawful to operate or conduct within the City any carnivals, circuses, menageries, sideshows, concessions, and special events without first securing a license therefor. No gated special event or gated minor event shall be allowed, and no license shall be issued for any gated special or gated minor event on publicly owned property in the Northgate Zoning Districts NG-1 and NG-3. B. DEFINITIONS (1) Carnival The term "Carnival" as used in this ordinance shall mean and include amusement activities, rides, merry-go-rounds, booths for the conduct of games of skill, food dis- pensing facilities, and side shows. A carnival shall not include gambling devices, games of chance, lotteries, or other activities in violation of state law. (2) Circus ,, (3) The term "Circus" as used in this ordinance shall mean and include a public enter- tainment consisting of but not limited to performances by people and animals. Mena.c]erie _ The term "Menagerie" as used in this ordinance shall mean and include a collection of live animals on exhibition. (4) Sideshows and Concessions. ..... (5) The term "sideshows and concessions" as used in this ordinance shall be held to mean and include circuses, menageries, carnivals, and other amusement enterprises, which are open to the public and for admission to which a fee is charged. Special Event The term "Special Event" as used in this ordinance shall mean a for-profit or non-profit event to which the public is invited, held on public or private property, at which over 250 individuals attend, and held outside the confines of a building or permanent structure. The term includes but is not limited to any meeting, entertainment, performance, show, exhibition, or amusement. The term does not include gatherings for athletic events that are held in facilities designed for athletic events. ORDINANCE NO. 2670 Page 3 Co D, (6) Fire Marshal ..... Fire Marshall means the Fire Marshall of the City of College Station, Texas, or his delegate. (7) Chief of Police (8) Chief of Police means the Chief of Police of the City of College Station, Texas, or his delegate. Director of Utilities Director of Utilities means the Director of Utilities of the City of College Station, Texas, or his delegate. (9) Gated Event The term "Gated Event" shall mean events which are closed to the general public by fencing, netting or other form of temporary barrier in order to charge a fee for attendance/entrance. (10) (11) (12) Minor Event The term "Minor Event" as used in this ordinance shall mean a for-profit or non-profit event to which the public is invited, held on public property, at which less than 250 individuals attend, and held outside the confines of a building or permanent structure. The term includes but is not limited to any meeting, entertainment, performance, show, exhibition, or amusement. The term does not include gatherings for athletic events that are held in facilities designed for athletic events. Northgate The term "Northgate" as used in this ordinance shall mean areas within the city zoned NG-1, NG-2, and NG-3. Fifteen Day Ooeration The term "Fifteen Day Operation" as used in this ordinance shall mean the greater of fifteen (15) calendar days or one hundred-fifty (150) hours of operation in a calendar year. FIFTEEN DAY OPERATION No carnival, circus, menagerie, sideshow, concession, or special event shall be operated under a license authorized herein for more than the greater of fifteen (15) calendar days or one hundred- fifty (150) hours during a calendar year. Operation of such an enterprise for more than the referenced length of time shall be considered a permanent business for which site plan approval is required under the City of College Station Zoning Ordinance. If the carnival, circus, menagerie, sideshow, concession or special event is not operated on consecutive calendar days, an inspection as provided under Subsection F herein shall be required each time before the event resumes. APPLICATION REQUIREMENTS All applications for a license shall be made to the Building Official at least twenty-one (21) days in advance of the proposed opening date or time of said enterprise. The Building Official may, at his discretion, accept an application less than twenty-one (21) days prior to the event. Said application shall be in writing and shall state: ORDINANCE NO. 2670 Page 4 (1) The type of exhibition, show, or performance. (2) Whether it will be in a tent, building, aerodrome, or open area. (3) The location of the show or performance. (4) The number of people to attend each performance or event. (5) (6) The proposed opening dates. The period of time the permit is wanted for. (7) The hours and days of the week it will be open to the public. (8) The provisions to be made for parking. (9) The provisions to be made for vehicular ingress and egress. (10) The parking facility and surface composition. (11) The nature and location of temporary signs. (12) The zoning of the land on which the enterprise will be held. (13) The facilities the applicant has for the receipt and disposal of human and other waste of all types. (14) A building plan in duplicate drawn to scale which shall include clearly: (a) Type of construction of any structure. (b) Seating arrangement. (c) Aisles. (d) Structural details and calculations of seats and supports. (e) (f) Location of all electrical wiring. Location of all exits. (g) Location of all fire equipment within any flammable structure and specifications of such equipment. (15) A site plan in duplicate drawn to scale which shall include clearly: (a) Location of any adjacent structures and obstructions which might hinder free ingress and egress of persons from exits. (b) Locations of hydrants. Fire hydrants must be within five hundred feet (500') of any flammable structures on site. (c) Location of fire lanes, limited in use for ingress and egress of fire trucks showing width of twenty feet (20'), height of fourteen feet (14'). (d) Location of parking facilities. ORDINANCE NO. 2670 Page 5 (e) Electric transmission and distribution lines on site. (16) The name of the person, firm, or corporation. (17) The location of the principal place of business of such person, firm, or corporation. (18) The names and addresses of the officers of such firm or corporation. (19) The length of time any structure is intended to be used for the purpose applied for. (2O) The length of time the enterprise is to be carried out. (21) The hours of the day or night during which enterprise is to be held. (22) The formula of the solution which is used or has been used to flameproof any structure. (23) The date on which flameproof solution was applied to any structure. (24) The number and location of sanitary facilities for persons using the premises on which the enterprise is to be carried out. (25) Provisions for site cleanup and grading if necessary. (26) Applicant shall provide and place printed signs on which the words "No Smoking" shall appear in letters at least four inches (4") high in conspicuous places. E. CONDITIONS OF LICENSE In addition to other requirements set forth herein, the applicant shall furnish suitable evidence of his intention and ability to comply with the following conditions: (1) The applicant shall be wholly responsible for maintaining order and for keeping the site clean, free of trash, papers, and other debris. (2) Trash containers in adequate numbers shall be placed in convenient locations for the use of the public. (3) Sanitary facilities for persons using the premises. (4) Provisions for removal of other waste materials including animal waste materials. (5) Provisions for meeting all other application requirements. (6) Provisions for site cleaning and grading after use of the premises. (7) There shall be a separation requirement of five hundred feet (500') between the enterprise and any residential property. (8) The premises shall have adequate ingress and egress. (9) Use of premises shall not violate the provisions of the National Electric Code as adopted by Chapter Three, Appendix 2 of the Code of Ordinances. ORDINANCE NO. 26?0 Page 6 F. APPROVAL OF APPLICATION Inspection by the Fire Marshal. The Fire Marshal, in reviewing an application for a license, shall before such structure or event is open to the public make an inspection to determine if the applicant has made provision for: . (a) Adequate aisles, seats, platforms, and poles. (b) Sufficient exits well marked and properly lighted. (c) Lighted and unobstructed passageways to areas leading away from the structure. (d) Removal, before the structure is to be used as a place of public assembly, of any pole, rope, or other obstruction in any aisle or exit. (e) Sufficient first aid fire appliances to be distributed throughout the structure with operating personnel familiar with the operation of such equipment available and assigned during the use of such structure as a place of assembly. (f) Sufficient "No Smoking" signs visible at all times. (g) An employee at all entrances to require the extinguishing of all cigarettes, cigars, or other smoking materials. (h) Announcement at frequent intervals to persons in assembly that smoking within the structure is prohibited. (i) Proper safeguarding of any use of open flames or its use prohibited. (J) The clearing of straw, dry grass, sawdust, or other combustible trash from the structure before it is opened to the public and arrangement made to keep the areas where debris may be expected to accumulate well serviced, especially under open seats. (k) Proper facilities for calling the City Fire Department. Such special fire equipment of the City to attend to such structure made during its use as a public assembly as the Fire Marshal may decide is necessary for proper fire protection. (m) The tent and canvas parts of the structure, and all combustible, decorative materials, including curtains, acoustic materials, streamers, cloth, cotton barfing, straw, vines, leaves, and trees, to be rendered flameproof. (n) If the Fire Marshal determines that the attendance of any fire apparatus or equipment is necessary at or in the vicinity of such structure for fire protection, he shall so notify the Building Official who shall notify the applicant before approval of the application. Every applicant shall, when the presence of City fire equipment is deemed necessary, pay to the City revenue for the use of such equipment and/or personnel, which revenue and/or personnel shall be determined by the Fire Marshal and paid into the general fund. (o) The attendance of such fire personnel as the Fire Marshal may deem necessary for the control of persons in the assembly, to prevent overcrowding, obstruction of aisles and exits, and such other control as may be necessary to render the occupation of such structure by the public safe. ORDINANCE NO. 2670 Page 7 (2) (3) (4) (5) (P) Internal fire lanes which meet the twenty foot (20') wide, fourteen foot (14') high access requirement. Inspection by the Building Inspector (a) The Building Inspector shall ascertain if any defect exists in the wiring and provide for immediate correction of any defects which may be found. (b) Ascertain that seats, platforms, and other structural components are adequate to withstand proposed usage. (c) Make an inspection to determine if provision has been made for satisfactory sanitary facilities on or near the premises on which the enterprise is being carried out. (d) Make inspection and determine if adequate trash containers are located on the premises. Inspection by the Chief of Police (a) The attendance of such police officers, as the Chief of Police may deem necessary for the control of persons in the assembly to prevent overcrowding, obstruction of aisles and exits, and for such other control as may be necessary to render the occupation of such structure safe for the public. When the presence of City police officers is deemed necessary, every applicant shall pay to City revenue for the services of such personnel which revenue shall be determined by the Chief of Police and paid into the General Fund. (b) (c) The Chief of Police shall review the proposal as to potential impact of traffic, potential noise complaints, and access of emergency vehicles. The Chief of Police, in reviewing an application for a license, shall before such structure or event is open to the public make an inspection of such structure or event location. (d) (e) If the Chief of Police determines that traffic control devices such as barricades are needed to control traffic at such structure or event, he shall contact the Public Services Division to erect such devices. When such traffic control devices am utilized, the applicant shall pay to the City. Revenue for the use of such devices and/or personnel, costs of which shall be determined by the Public Services Division. Inspection by the Director of Utilities The Director of Utilities shall inspect the premises to determine whether proposed use of the site, including the location of structures and equipment, complies with the College Station Electric Safety Code (National Electric Safety Code). City Inspection Policy It is the policy of the City that immediately upon arriving at the premises to be inspected, the City Inspector, Police Officer, or Fire Marshal will ordinarily identify himself to an employee at the premises showing an identification card if the employee is not acquainted with the Inspector, Fire Officer, or Fire Marshal or if the Inspector, Police Officer, or Fire Marshal is not dressed in the apparent uniform of the City of College Station showing his affiliation with the City of College Station. If there is no employee at the scene, the Inspector, Police Officer, or Fire Marshal may enter any area that is open ORDINANCE NO. 2670 Page 8 G! Ji Ko to the public at the time without identifying himself. A Police Officer, Inspector, or Fire Marshal making a lawful investigation requiring a delay in identification need not identify himself immediately, providing that no person shall be required to admit any such unidentified person to any premises. If a City Inspector, Police Officer, or Fire Marshal is not permitted to enter any place or any part of any premises for inspection, the City Inspector, Police Officer, or Fire Marshall shall not use force but shall leave the premises and seek a search warrant or other appropriate court order to make entry possible. (6) Re-Inspection Fee In the event that the carnival, circus, menagerie, sideshow, concession or special event is not operated on consecutive calendar days, the City shall re-inspect the premises as provided herein. A re-inspection fee of $50.00 shall be paid by the applicant to the City to cover the cost of each re-inspection. APPLICATION FEE Upon submission of an application, an application fee of $200.00 shall be paid by the applicant to the City. This application fee may be waived for a non-profit organization that is holding a special event. INSURANCE No license shall be issued for conducting an enterprise under this ordinance until the applicant therefor has filed with the Building Official a Certificate or Certificates of Insurance, indicating that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with the enterprise. A public liability insurance policy shall be issued by a company authorized to do business in the state of Texas. The policy shall be accompanied by a certificate from such company that such policy will be in force and effect during the period of time of the enterprise. Such policy shall be in an amount not less than One Million Dollars ($1,000,000.00) for the death or injury of one person, and not less than Two Million Dollars ($2,000,000.00) for death or injury in any one accident. LICENSE BOND Applicant shall submit a License bond prior to the issuance of a permit. The bond shall be in the amount of Ten Thousand Dollars ($10,000.00) to cover the entire cost estimated for cleaning up of debris caused by such enterprise, to cover required City Services, and to cover potential damage or injury to property. The bond shall be valid for a period of no less than thirty (30) days after the enterprise is terminated by the applicant hereunder. The bond may be used by the Building Official for cleanup and repair of City property or the property of any resident deemed by the City to have been damaged by the applicant or applicant's employees as a result of the enterprise. In the event the bond is executed to cover costs incurred by the City, the amount of the bond, less deductions for costs incurred or for the replacement, cleanup, or repair of the property of third parties, shall be refunded. CONTRACT , Applicant, in tendering his application and receiving a license, agrees and contracts with the City that he will not exclude at any time any City Inspector, Police Officer or Fireman on duty for the purpose of inspecting, maintaining, and assuring the health, safety, and welfare of the City of College Station. DENIAL/APPELLATE REVIEW In the event that the Building Official determines that the applicant has not met all requirements to receive a license, the applicant may within five (5) days of the denial appeal the license application to the City Manager. The City Manager shall hold a hearing within ten (10) days ORDINANCE NO. 2670 Page 9 L. thereafter. After the close of the hearing, he shall make a determination concerning approval, denial, or modification of the license within five (5) days. PENALTIES (1) Any person, firm or corporation violating any of the provisions of this ordinance shall be fined pursuant to the General Penalty set out in Chapter 1, Section 5 of this Code of Ordinances. (2) No person shall refuse entry to any City Inspector, Police Officer, or Fire Marshal attempting to enter any premises for the purpose of inspection if such entry is attempted during business hours or during the reasonable hours after business hours when there are employees on the premises to let the Inspector, Police Officer, or Fire Marshal in. Such entry shall be permitted not only to areas open to the public but also to all other areas provided that no employee shall be required to accompany any Inspector, Police Officer, or Fire Marshal in any area that the employee deems to be dangerous if the employee tells the Inspector, Police Officer, or Fire Marshal that the area is, in the employee's opinion, dangerous. (3) It shall be unlawful to permit or gather such a crowd to witness any amusement or show as to create a dangerous condition as a fire or other risk. (4) It shall be unlawful for any person, firm, or corporation to erect or cause to be erected any structure composed wholly or partly of canvas or other similar material to be used at an enterprise hereunder without first having made application for and received a permit to do so in accordance with the provisions of this ordinance."