0198ORDINANCE NO. 198
AN ORDINANCE REQUIRING A PERMIT FOR MASS GATHERINGS
AND OUTDOOR MUSIC FESTIVALS; OUTLINING THE PROCEDURES
FOR APPLYING FOR SUCH A PERMIT; PROVIDING FOR PUBLIC
HEARING ON SAID APPLICATION; PROVIDING PROCEDURE FOR
GRANTING OR DENYING SUCH APPLICATION; PROVIDING FOR A
PENALTY FOR VIOLATION; A SEPARABILITY CLAUSE; AND PRO-
VIDING FOR PUBLICATION OF AN EFFECTIVE DATE.
WHEREAS, the City Council deems it necessary and proper and in
the best interest of the health, safety, morals, and general welfare
of the community of Southlake, Texas, that an ordinance be enacted in
connection with mass gatherings and outdoor music festivals;
NOW THEREFORE, be it ordained and enacted by the City Council of
the City of Southlake, Texas:
SECTION 1 - DEFINITIONS:
1.01-"Mass Gatherings" means any meeting or gathering held inside
city limits or within the extraterritorial jurisdiction of the City
~esouthlake, Texas which attracts or can be expected to attract more
than 500 persons who will remain at the location of the gathering for a
period of more than 8 continuous hours.
1.02-"Outdoor Music Festival" and "event" means any form of
musical entertainment provided by live performances occurring on two
or more consecutive days or on two days in any three day period, if~
(a) more than 500 persons are in attendance at any one performance;~i~-\~~
(b) any of the performers or any of the audience are not within a per-
manent structure; and (c) the performance occurs inside the city limits
of, or within the extraterritorial jurisdiction of, the City of South-
lake, Texas.
1.03-"Promoter" means any person, group of persons, firm,
corporation, partnership or association that organizes, promotes
or solicits funds for the organization or promotion of a mass gather-
ing or an outdoor music festival.
1.04-"Issuing Officer" means the City Secretary of the City of
$outhlake, Texas.
SECTION 2 - PROHIBITION:
2.01-No person may act as a promoter of a mass gathering or
outdoor music festival unless he obtains a permit from the issuing
fficer under the provisions of this Ordinance.
SECTION 3-APPLICATION FOR PERMIT:
3.01-A promoter desiring to hold a mass gathering or an out-
door music festival shall file a permit application with the City
Secretary of the City of Southlake, Texas, at least sixty (60) days
before the day the mass gathering or event is to be held.
3.02-The permit application must include:
a. the name and address of the promoter and the names
and addresses of all associates and employees of the promoter assist-
ing in the promotion of the mass gathering or event;
b. a financial statement of the promoter and a statement
specifying from whom capital for the mass gathering or event is being
supplied and in what amounts;
c. a description of the place where the mass gathering or
event is to be held.
d. the name and address of the owner of the place where
the mass gathering or 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;
e. the dates and times that the mass gathering is to be
held;
f. the maximum number of persons that the promoter will
allow to attend the mass gathering or event and a statement showing
ow the promoter plans to control the number of persons in attendance
t the mass gathering or event;
g. a description of the promoter's agreements with per-
formers who are scheduled to appear at the mass gathering or event
and the names and addresses of the performers who have agreed to
appear and their agents; and
h. a full and complete statement describing the promoter's
preparations for the mass gathering or event to comply with the mini-
mum standards of sanitation and health as prescribed by Chapter 178,
Acts of the 49th Legislature, Regular Session, 1945, as amended
(Article 4477-1, Vernon's Texas Civil Statutes);
i. a description of all preparations being made to provide
traffic control and to assure that the mass gathering will be protected~
j. a description of the preparations made to provide
adequate medical and nursing care; and
k. a description of the preparations made to supervise
minor persons who may attend the mass gathering;
1. the application for the permit must be verified by the
promoter and be based on his best information and belief;
m. a filing fee of $50.00 must be submitted with the
app~ati0n for a permit.
SECTION 4 - INVESTIGATION:
4.01-After an application for permit is filed, the City Secretary
shall send copies to the County Health Officer, and the Southlake Chief
~f Police.
4.02-The County Health Officer may inquire into preparations
for the mass gathering or outdoor music festival and at least five
days before the hearing submit a report to the City Council of the
City of Southlake stating whether or not he believes that the mini-
mum standards of health and sanitation provided by state and local
laws, rules, regulations, and orders will be maintained.
4.03-The Chief of Police of the City of Southlake, TeXas,shall
investigate preparations for the mass gathering and at least five
days before the hearing shall submit a report to the City Council
of the City of Southlake whether or not he believes the minimum
standards provided by state and local laws, rules, regulations, and
orders for assuring public safety and order will be maintained.
4.04-The issuing officer may conduct any additional investigation
which he considers necessary.
4.05-The County Health Officer and the Chief of Police or the
agent of each shall be available to give testimony relating to their
reports at the hearing before the City Council.
SECTION 5 HEARING:
5.01-The Issuing Officer shall set a date and time for a hear-
~ng before the City Council of Southlake, Texas, on the application
for a permit. The hearing may be held not later than 30 days before
the day set for the mass gathering to begin or the first performance
of the event, and not earlier than 15 days after the day the appli-
cation is filed.
5.02-Ten (10) days notice of the time and place of the hearing
shall be given to the promoter by Certified Mail, at the address
shown on the application, and reasonable notice shall be given any
persons who have an interest in the granting or denial of the permit.
5.03-At the hearing before the City Council of the City of
Southlake, Texas, any person may appear and testify for or against
the granting of the permit.
SECTION 6 - DENIAL OF PERMIT - GROUNDS:
6.01-After the hearing is completed, the City Council shall
enter its findings in the record and shall grant or deny the permit.
6.02-The City Council may deny the permit if it finds that:
a. the application contains false or misleading informa-
tion or required information is omitted;
b. the financial backing or stability of the promoter is
insufficient to assure that the mass gathering will be conducted in
the manner stated in the application;
c. the location selected for the mass gathering or event
is inadequate for the purpose for which it is to be used;
d. the promoter has not made adequate preparations to
limit the number of persons attending the mass gathering or event
or to provide adequate supervision for minor persons attending the
mass gathering or event;
e. the promoter does not have assurance that performers
who are scheduled to appear will appear;
f. the preparations for the mass gathering or event do
not assure that minimum standards of sanitation and health will be
maintained or that the safety or persons in attendance will be pro-
tected, or that adequate supervision of minor persons will not be
provided;
g. adequate arrangements for traffic control have not
been provided;
h. adequate medical and nursing care will not be available.
i. the time and place for the mass gathering or event
create a substantial danger of congestion and disruption of other
lawful activities in the immediate vicinity of the mass gathering
or event;
j. the promoter does not have adequate agreements with
performers to insure with reasonable certainty that persons adver-
tised to perform will in fact appear.
6.03-A finding under Subsection 6.02 of this section requires
majority vote of the City Council.
SECTION 7 - PERMIT:
7.01-A permit, if issued, shall authorize the promoter to hold
a mass gathering or outdoor music festival at a specified place and
at specified times.
SECTION 8 - REVOCATION OF PERMIT:
$.01-At any time prior to five days before the day of the mass
gathering or first performance of the event, the City Council may,
after reasonable notice to the promoter and a hearing, revoke the
permit on a finding by a majority of the City Council that the pre-
parations for the mass gathering or event will not be completed in
time for the first performance and that the failure to carry out the
preparations ~11 result in a serious threat to the health or safety
of the community or the persons attneding the event.
SECTION 9 - CASH DEPOSIT:
9.01-As a condition precedent to the issuance of a permit here-
under, the City Council may require the promoter to make a cash deposit
with the City of Southlake, to provide an adequate fund for the com-
pensation of such security personnel in connection with the physical
safety of persons and property of the community directly affected by
the mass gathering or event.
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