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HomeMy WebLinkAbout2020-4194 - Ordinance - 06/25/2020 ORDINANCE NO. 2020-4194 AN ORDINANCE AMENDING CHAPTER 8, “BUSINESSES,” ARTICLE VI, “CARNIVALS, CIRCUSES, MENAGERIES, SIDESHOWS, CONCESSIONS, AND SPECIAL EVENTS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO CARNIVALS, CIRCUSES, MENAGERIES, SIDESHOWS, CONCESSIONS AND SPECIAL EVENTS; 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 8, “Businesses,” Article VI, “Carnivals, Circuses, Menageries, Sideshows, Concessions, And Special Events,” 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: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2020-4194 Page 2 of 10 PASSED, ADOPTED and APPROVED this 25th day of June, 2020. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2020-4194 Page 3 of 10 EXHIBIT A That Chapter 8, “Businesses,” Article VI, “Carnivals, Circuses, Menageries, Sideshows, Concessions and Special Events of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “ARTICLE VI. - CARNIVALS, CIRCUSES, MENAGERIES, SIDESHOWS, CONCESSIONS, AND SPECIAL EVENTS DIVISION 1. - GENERALLY Sec. 8-268. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 15-day operation means the greater of 15 calendar days or 150 hours of operation in a calendar year. Applicant means a person who has filed a written application for a special event permit. Carnival means and includes amusement activities, rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities, and side shows. A carnival shal l not include gambling devices, games of chance, lotteries, or other activities in violation of State law. Certified Peace Officer means an officer who has met all qualifications necessary to be certified as a peace officer by the Texas Commission on Law Enforcement (TCOLE). Circus means and includes a public entertainment consisting of, but not limited to, performances by people and animals. Event means and includes any carnival, circus, menagerie, sideshow, concession, or special event. Menagerie means and includes a collection of live animals on exhibition. Nonprofit association means an association in which no part of the income of which is distributable to its members, directors or officers. Sideshows and concessions means and includes circuses, menageries, carnivals, and other amusement enterprises, which are open to the public and for which a fee is charged for admission. Special event means a temporary event, gathering, or organized activity held outside the confines of a building or permanent structure including but not limited to meetings, entertainment, performances, shows, exhibitions, street fairs, rallies, races, concerts, carnivals, or amusements held on city-owned or private property and sponsored by an Applicant that is expected to draw over 200 attendees. ORDINANCE NO. 2020-4194 Page 4 of 10 The term also includes an event that: (1) Is held on city-owned property, regardless of attendance, providing for the sale and/or consumption of alcohol. (2) Is held within the confines of a City park with more than 5,000 attendees. The term does not include: (1) An event held on City property with which a policy or procedure establishes protocols for security, public safety, sanitation, crowd control and traffic control. (2) Parades. (3) An event in a residential structure. (4) An athletic event held in facilities designed for athletic events. 5) An event wholly contained on property specifically designed or suited for the event and which holds a certificate of occupancy for such use including adequate parking. (6) Organizational functions including but not limited to grand openings, ribbon cutting ceremonies solely contained on the organization’s property not providing for the sale of consumption of alcohol. Sec. 8-269. - Penalties. Any person, firm or corporation violating any of the provisions of this article shall be punished as provided in Section 1-7. Sec. 8-270. - Sale or Consumption of Alcohol. (1) A Special Event providing for alcohol sales or consumption shall have a valid permit or license to sell or serve alcoholic beverages issued by the Texas Alcoholic Beverage Commission. (2) A Special Event involving the sale or consumption of alcohol shall not be operated under a permit authorized herein for more than three consecutive days. (Secs. 8-272—8-290.) - Reserved. DIVISION 2. - PERMIT Sec. 8-291. - Required. It shall be unlawful to operate or conduct within the City any carnival, circuses, menagerie, sideshow, concession, or special event without first securing a permit. Permits required by this section shall be posted on-site in a conspicuous location for the duration of the event. Sec. 8-292. - Application. A person seeking a special event permit shall submit an application to the City Manager or designee at least 30 calendar days in advance of the proposed opening date or time of said event. The City Manager or designee may accept an application less than 30 days prior to the event ORDINANCE NO. 2020-4194 Page 5 of 10 provided all permit requirements have been met. Said application shall be in writing, on a form provided by the City, and shall include the following information (if applicable): (1) The name, address and telephone number of the Applicant and of any other persons responsible for the conduct of the special event. (2) The name of the firm or corporation. (3) The location of the principal place of business of such firm or corporation. (4) A description of the event. (5) Whether the event will be in a tent, building, or open area. (6) The location of the event. (7) The projected number of people to attend each performance or event. (8) The proposed opening date. (9) The hours and days of the week the event will be open to the public. (10) The provisions to be made for parking. (11) The provisions to be made for vehicular ingress and egress. (12) The parking facility and surface composition. (13) The nature and location of temporary signs. (14) The zoning of the land on which the event will be held. (15) The details (such as vendor information, perimeter fencing location, etc.) related to the sale and/or consumption of alcoholic beverages at the event. (16) A current building plan drawn to scale which shall include: a. Type of construction of any structure. b. Seating arrangement. c. Aisles. d. Structural details and calculations of seats and supports. e. Location of all electrical wiring. f. Location of all exits. g. Location of all equipment within any flammable structure and specifications of such equipment. (17) A site plan, adequately dimensioned or drawn to scale, which shall include: 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 500 feet of any combustible structures on-site. c. Location of fire lanes, limited in use for ingress and egress of fire trucks showing width of 20 feet, height of 14 feet. d. Location of parking facilities. ORDINANCE NO. 2020-4194 Page 6 of 10 e. Electric transmission and distribution lines on-site. (18) The length of time any structure is intended to be used for the purpose applied for. (19) The length of time the event is to be carried out. (20) The formula of the solution which is used or has been used to flameproof any structure. (21) The date on which flameproof solution was applied to any structure. (22) The number and location of sanitary facilities for persons using the premises on which the event is to be carried out. (23) Provisions for site cleanup and grading if necessary. (24) Applicant in addition to other requirements set forth herein, the Applicant shall furnish suitable evidence of intention and abilit y to comply with the following conditions: a. The Applicant shall be wholly responsible for maintaining order and for keeping the site clean, free of trash, papers, and other debris. b. Trash containers in adequate numbers shall be placed in convenient locations for the use of the public. c. Sanitary facilities for persons using the premises. d. Provisions for removal of other waste materials, including animal waste materials. e. Provisions for meeting all other application requirements. f. Provisions for site cleaning and grading after use of the premises. g. The premises shall have adequate ingress and egress. h. Use of premises shall not violate the provisions of the National Electric Code as adopted by this Code. i. Compliance with any and all other applicable rules and regulations, including food vendor permits, temporary parking approval, park permit, etc. Sec. 8-293. - Approval of application. (a) Fire inspections. The City Manager or designee, in reviewing an application for a permit, before such structure or event is open to the public, shall make an inspection to determine if the Applicant has made provision for: (1) Adequate aisles, seats, platforms, and poles. (2) Sufficient exits well marked and properly lighted. (3) Lighted and unobstructed passageways to areas leading away from the structure. (4) 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. (5) 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. (6) "No Smoking" signs shall be printed with letters at least four inches high and placed in conspicuous places at the Special Event site throughout the entirety of the event. (7) An employee at all entrances to require the extinguishing of all cigarettes, cigars, or ORDINANCE NO. 2020-4194 Page 7 of 10 other smoking materials. (8) Announcement at frequent intervals to persons in assembly that smoking within the structure is prohibited. (9) Proper safeguarding of any use of open flames or its use prohibited. (10) 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. (11) Proper facilities for calling the City Fire Department. (12) Such special fire equipment of the City to attend to such structure made during its use as a public assembly as is necessary for proper fire protection. (13) The tent and canvas parts of the structure, and all combustible, decorative materials, including curtains, acoustic materials, streamers, cloth, cotton batting, straw, vines, leaves, and trees, to be rendered flameproof. (14) If the City Manager or designee determines that the attendance of any fire apparatus or equipment is necessary at or in the vicinity of such structure for fire protection pursuant to the International Fire Code, as adopted by City Council, the City Manager or designee s hall notify the Applicant before approval of the application. (15) The attendance of such fire personnel as the City Manager or designee may deem necessary for the control of persons in the assembly, to prevent overcrowding, obstruction of aisles and exi ts, and such other control as may be necessary to render the occupation of such structure by the public safe. (16) Internal fire lanes which meet the 20-foot wide, 14-foot high access requirement. (b) Building inspection. The City Manager or designee shall: (1) Ascertain if any defect exists in the wiring and provide for immediate correction of any defects which may be found. (2) Ascertain that seats, platforms, and other structural components are adequate to withstand proposed usage. (3) Make an inspection to determine if provision has been made for satisfactory sanitary facilities on or near the premises on which the event is being carried out. (4) Make inspection and determine if adequate trash containers are located on the premises. (c) Traffic and safety inspection. The City Manager or designee shall: (1) Make an inspection of such structure or event location before the event is open to the public. (2) An Applicant for an event permit shall provide Certified Peace Officers as approved by the City Manager or designee for security, crowd control, and traffic control at the event in accordance with the following schedule: Number of Participants and Spectators at Event Minimum Number of Certified Peace Officers Required 0 to 250 0 251 to 1,500 2 1,501 to 3,000 4 ORDINANCE NO. 2020-4194 Page 8 of 10 3,001 to 5,000 6 Over 5,000 6, plus 1 Certified Peace Officer for every 1,000 participants and spectators over 5,000 at the event (3) The City Manager or designee may increase or decrease the number of Certified Peace Officers from those required in the table above, if: a. Any alcoholic beverage is sold, served, or otherwise made available at the event; b. Special needs for an increase or decrease in security, crowd control, or traffic control are created by: 1. The topography of the site or size of the event; 2. Weather conditions during the event; or 3. The time of day during which the event is conducted; c. The event requires street closures or rerouting of vehicular or pedestrian traffic; or d. The history of the particular event indicates that a greater or lesser number of Certified Peace Officers are required to protect the public health, safety, and welfare. (4) If the City determines that an event may alter normal traffic patterns, the City may require the Applicant to submit a traffic plan for the City's approval. (5) When the presence of Certified Peace Officers is necessary, ev ery Applicant shall pay for the services of such personnel. The fee for Certified Peace Officers shall be according to the City's off-duty pay schedule. Sec. 8-294. - Denial of Application. The City Manager or designee shall deny a permit if: (1) The Applicant has not met all the requirements established in this division. (2) The proposed Special Event will unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available. (3) The Applicant makes a false statement of material fact on an application. (4) The Applicant has had a Special Event permit revoked within the preceding 18 months. (5) The Special Event will conflict in time and location with another event for which a permit has already been granted. Applicant (6) The Special Event, in the opinion of one or more city departmental directors, would pose a serious threat to the public health, safety, or welfare. 8-295. - Appeal. (1) The Applicant may, appeal a denial of a permit or waiver by submitting in writing a notice to appeal, delivered to the City Manager’s office no later than five (5) business days after the denial decision. (2) The notice of appeal must be in writing and state the grounds for the app eal and why the determination should be reversed or modified. If the Applicant makes a timely, written request for appeal, the City Manager or designee shall hold a hearing within ten (10) business days. (3) The Applicant shall have the opportunity to be heard at the hearing. (4) After the close of the hearing, the City Manager or designee shall make a determination concerning approval, denial, or modification of the permit within five (5) business days. Sec. 8-296. - Fees. (a) Application. The Applicant shall pay a nonrefundable application fee established in Section 2 -117 upon submission of an application to the City. The application fee may be waived for a nonprofit association holding an event. The application fee shall not be waived for any event involving alcohol sales and/or consumption. (b) Re-inspection fee. If the event is not operated on consecutive calendar days, the City shall re -inspect the premises as provided herein. A re-inspection fee established in Section 2-117 shall be paid by the Applicant to the City to cover the cost of each re-inspection. Sec. 8-297. – Duration of Permit. (a) The permit granted under the terms of this article shall not exceed a period of the greater of 15 calendar days or 150 hours during a calendar year, with the exception of businesses permitted through Article IX of this chapter. (b) Operation of such an event for more than the referenced length of time shall be considered a permanent business for which site plan approval is required u nder the City Unified Development Ordinance (see App. A). If the event is not operated on consecutive calendar days, an inspection as provided under Section 8-293 shall be required each time before the event resumes. Sec. 8-298. - Insurance. No permit shall be issued for conducting an event under this section until the Applicant has filed with the City a certificate or certificates of insurance which meet the following requirements: (1) Commercial General Liability insurance shall be written by a carrier ra ted “A:VIII” or better under the current A. M. Best Key Rating Guide. (2) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self-insurance or any Insurance the City may have or obtain. (3) Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000.00. Limits shall be endorsed to be per event. (4) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance. (5) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. (6) Coverage shall be in place for the entirety of the event. (7) Shall not be subject to subrogation under any circumstances against the City of College Station, its officers, officials, employees, and volunteers. Sec. 8-299. - Permit bond. When a Special Event is partially or fully contained on City property, a surety bond shall be deposited with the City. (a) The Applicant shall submit a permit bond prior to the issuance of a permit. The bond shall be in the amount of $10,000.00 to cover the entire cost estimated for cleaning up of debris caused by such event, 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 30 days after the event is terminated by the Applicant hereunder. The bond may be used by the City for cleanup and ORDINANCE NO. 2020-4194 Page 10 of 10 repair of City property or the property of any person deemed by the City to have been damaged by the Applicant or Applicant's employees as a result of the event. (Code 2011 (Repub.), § 4-4(M)) Sec. 8-300. Indemnification. When a Special Event is partially or fully contained on City property, an Applicant shall execute a written agreement to indemnify and hold harmless the City, its officers, employees, agents, volunteers against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the Special Event. Sec. 8-301. - Contract. The Applicant, in tendering an application and receiving a permit, agrees and contracts with the City not to exclude at any time any authorized City official on duty for the purpose of inspecting, maintaining, and assuring the health, safety, and welfare of the City. Sec. 8-302. - Revocation. (a) At any time the City Manager or his designee may, after notice to the Applicant, revoke the permit if: (1) The Applicant fails to comply with or the event is in violation of any provision of the permit, City ordinances, or any other applicable law; (2) The application contains a false or misleading statement of material fact; or (3) The authorized City official determines that the event poses a serious threat to the public health, safety or welfare. (4) City staff determines a violation exists which requires immediate abatement (b) The Applicant or any other person responsible for the event will be notified of such revocation and shall immediately terminate the event.”