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480-UU ATT B -MASS GATHERING 5-22-03(db) ORDINANCE NO. 851 AN ORDINANCE REQUIRING A PERMIT FOR MASS GATHERINGS; OUTLINING THE PROCEDURES FOR APPLYING FOR SUCH A PERMIT; PROVIDING FOR PUBLIC HEARING ON SAID APPLICATION; PROVIDING A PROCEDURE FOR GRANTING OR DENYING SUCH APPLICATION; PROVIDING FOR A PUBLIC COST ESCROW; PROVIDING MINIMUM STANDARDS FOR WATER, HEALTH AND SANITATION FACILITIES FOR THE GATHERING; PROVIDING MINIMUM STANDARDS FOR MEDICAL CARE; PROVIDING NOISE STANDARDS; REQUIRING THE OPERATORPROMOTER OF THE GATHERING TO CARRY PUBLIC LIABILITY ISSURANCE; PROVIDING A PENALTY FOR VIOLATION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake deems it necessary and proper and in the best interest of the health and safety and general welfare of the City of Southlake, that an ordinance be enacted in connection with mass gathering events; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF SOUTHLAKE, TEXAS: SECTION I TITLE AND PURPOSE Section 101 Title. This Ordinance shall be known as and may be cited as the Mass Gathering Ordinance of the City of Southlake. Section 102 Purpose. It is recognized that a mass gathering attended by 500 or more persons in a single day, whatever its duration, may create a hazard to public health and safety. Accordingly, it is deemed necessary in the interests of public welfare to regulate the conduct of such gatherings in order to protect the public health and safety. Events sponsored by the City of Southlake, any primary, secondary or private school, and any youth sports associations are excluded. Also, a gathering on a property that is determined by the Zoning Administrator to be customary and incidental activity consistent with the designated zoning district as defined by the Zoning Ordinance is not subject to the regulations of this ordinance. Staff Comment: Activities on a property that are consistent with the zoning district and determined to be customary and incidental by the Zoning Administrator are excluded 1 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto from the regulations of this ordinance. Therefore, such activities as the Dallas Burn games, church bazaars, and neighborhood yard sales would not require a permit. ARTICLE II DEFINITIONS Any term not specifically defined herein shall be given its customary and ordinary meaning. For the purpose of this Ordinance, the following terms shall be defined as hereinafter set forth: Section 201.1 Council. “Council” means the Southlake City Council and its authorized representatives. Section 201.2 Mass Gathering Area. “Mass gathering area” means any place maintained, operated, or used for a mass gathering or assemblage, except where the mass gathering is to occur within an established permanent stadium, arena, auditorium or other similar permanent building that is fully enclosed by a roof, walls and floor and has sufficient existing permanent sanitary facilities and parking to handle the expected number of persons. Section 201.3 Mass Gathering. “Mass gathering” means a group of 500 or more persons assembled together for a meeting, festival, social gathering, entertainment, scheduled event or other similar event. Section 201.4 OperatorPromoter. “OperatorPromoter” means the a person responsible for the managing of thewho promotes a mass gathering area. In the event that no Operator Promoter exists, the owner or, in the event of his non-availability, the lessee of the ground encompassing the group gatheringMass Gathering areaArea, shall be deemed to be the Operator Promoter under those these regulations. Section 201.5 Promote. “Promote” includes organize, manage, finance or hold a mass gathering. Section 201.5 6 Person. “ Person” means an individual, group of individuals, association, partnership or corporation, firm or company, but shall not include the City of Southlake. Section 201.6 7 Refuse. 2 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 “Refuse” means all combustible or non-combustible putrescible or non-putrescible solid or liquid wastes. Section 201.7 8 Sanitary Facilities. “Sanitary facilities” means toilets, privies, lavatories, urinals, drinking fountains, and any service building or room provided for installation and use of these units. Section 201.8 9 Nuisance. “Nuisance” means and includes the following: (a) Any public nuisance known at common law or in equity jurisprudence; (b) An attractive nuisance known at common law or in equity jurisprudence; (c) Any condition which violates federal, state or local health or environmental laws or regulations. Section 201.8 10 Zoning Administrator. The official, or his designee, appointed by the City Manager to enforce and administer the terms of Zoning Ordinance. ARTICLE III PERMIT REQUIRED Section 301 Prohibitions. No person shall sponsor, promote, sell tickets to, permit on his/her property, or otherwise conduct, a mass gathering which may, will or is intended to attract attendance at such gathering of 500 or more persons until a permit therefore has been obtained from the City Council. No mass gathering shall take place within 1,000 feet of a public or private school when such school is in session. Section 302 Issuance. The Council shall issue a permit for a mass gathering only if it finds the standards in this Ordinance and other requirements deemed appropriate by City Council are met. When considering the issuance of a permit, the Council may seek advice from any City personnel, Formatted: No underline, Font color: Auto and such other officials or persons as it deems appropriate and shall seek from them relevant information, including but not limited to any safety problems that arose at any similar mass gathering. The City Council shall deny a permit for a mass gathering if it finds that any of the standards set forth in Section 304 of this Ordinance are or would not be met by the proposed mass gathering. City Council may issue a permit for any length of time deemed appropriate. 3 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: Underline, Font color: Red Section 303 Permit Procedures. Section 303.1 Application. An application to hold one or more (but no more than three) a mass gathering event shall be submitted in writing to the City Secretary Director of Public Safety at least sixty (60) days prior to the first outdoor scheduled proposed mass gathering event. The application shall identify (a) the OperatorPromoter; (b) the mass gathering area; (c) the maximum number of patrons anticipated or tickets to be sold for each anticipated the gathering; (d) the dates and time of day being considered for each anticipated the mass gathering; (e) information pertaining to previous mass gatherings in the same mass gathering area or sponsored by the OperatorPpromoter or a related entity at other locations, within the previous two years, including but not limited to safety problems or violations of this Ordinance or other ordinances Formatted: No underline, Font color: Auto or regulations occurring at such previous gatherings and how such problems are to be avoided at the requested mass gathering or gatherings; and (f) shall set forthprovide the information Formatted: No underline, Font color: Auto needed to determine compliance with each of the standards set forth inrequired by Sections 304 and 401 of this Ordinance. Additionally, theThe application shall be accompanied by a non- refundable permit fee as specified in the City of Southlake Fee Schedule. Formatted: No underline, Font color: Auto Section 303.2 City Council Action. Formatted: No underline, Font color: Auto Upon the filing of an application under Section 303.1, the City Secretary Director of Public Safety shall review the application and notify the applicant by letter issued no later than thirty fifteen ((30 15) business days after the filing of the application as to whether the application is deemed complete and ready for consideration, or if not, the specific provisions of this Ordinance for which additional information must be provided. If the applicant objects to the determination that its application is not complete, then the completeness of the application may be reviewed by the City Council at its next regularly scheduled meeting for which adequate time for notice is available. Once the application has been deemed completed either by the City Secretary Director of Public Safety or by the City Council, the application shall be considered as anplaced on the agenda item at the next regularly scheduled City Council meeting, for which adequate time for legal notification is available. Section 303.3 Decision and Notification. A. A. Within thirty (30) days after the City Council first substantively considers the Section 303.1 aapplication, pursuant to Section 303.2 (or longer with the agreement of the OperatorPromoter), the City Council shall either issue (with or without conditions) a Permit, with or without conditions, to the OperatorPromoter or deny a the Permit. to the Operator. B. The Promoter shall inform the Director of Public Safety, in writing, of the location, date, and time of the permitted mass gathering within five (5) days from the date the permit was granted, pursuant to Section 303.3(B) above in order to insure that adequate police and fire prevention equipment and personnel, as determined by the Director of Public Safety, are available. 4 Draft Mass Gathering Ordinance 5/27/03 Formatted: No underline, Font color: Auto C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto C. The Promoter shall notify the Council City Secretary Director of Public Safety at least three (3) days in advance of each mass gathering if the particular event or gathering is sold out. When the Promoter learns that a particular event is likely to be sold out, the Promoter shall exercise due diligence to promptly inform the general public that tickets will not be available for sale at the time of the event. At a minimum, the Promoter shall broadcast announcements Formatted: No underline, Font color: Auto in the communications media serving the entire marketing area for the facility regarding the substance of the preceding sentence. B. Upon approval of the “general” permit application described in Section 303.1 above, the permit holder shall file a notification at least forty-five (45) days prior to each gathering contemplated identifying, for each gathering, (a) the specific date and time (start and finish) of the event; (b) the anticipated number of attending patrons or tickets to be sold; (c) the identity(ies) of the performer(s) at the event; and (d) information pertaining to the last three performances of each performer, including date, location, and any safety problems that arose at each such performance. Section 303.4 Public Costs Escrow. The OperatorPromoter shall deposit with the City Finance Director at least two weeks prior to the first contemplated permitted mass gathering an amount of money equal to 120% of the estimated public costs of each contemplated mass gathering as set by the Council when issuing the permit pursuant to Section 303.3. The Director of Public Safety will prepare a public cost estimate and submit it to City Council in conjunction with the public hearing for the permit. Public costs shall be those costs incurred by the City in connection with the contemplated mass gatherings which relate to the mass gathering and which would not be incurred by the City if such mass gathering was not held. Promptly after each mass gathering, the public costs shall be calculated, and the deposit shall be refunded to the OperatorPromoter to the extent it exceeds the actual public costs. If the actual public costs exceed the amount deposited, the OperatorPromoter shall pay the excess to the City within ten (10) days after being so notified in writing by the Director of Finance. Staff Comment: The Director of Public Safety will prepare an estimate for the anticipated cost to be incurred by the City to host the mass gathering event. The cost estimate will be provided to City Council in conjunction with the permit application. Section 304 Permit Applications and Approval Criteria. The permit application submitted pursuant to Section 303.1 shall be in the form prescribed by the City Council and shall demonstrate document compliance with the following approval criteria: through the submission of site renderings and other documentation. Staff Comment: A formal site plan is not required. However, a sketch or rendering to convey the location of activities and facilities on the site shall be submitted. 5 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Section 304.1 Access. A. Convenient and safe access for the ingress and egress of pedestrians and vehicular traffic shall be provided. B. Sufficient traffic control personnel to insure safety to all members of the traveling public, including pedestrians, along all public roadways in the proximity of the mass gathering and/or along which the public is likely to travel to reach the mass gathering areas shall be provided. C. Information submitted by the applicant requested in Subsections A and B above are to be reviewed by the Director of Public Safety and Director of Planning to determine whether these standards have been demonstrated. Section 304.2 Grounds. A. Each mass gathering area shall be well drained and so arranged to provide sufficient space for persons assembled, vehicles, sanitary facilities, and appurtenant equipment. B. Trees, underbrush, large rocks and other natural features shall be left intact and undisturbed whenever possible, and natural vegetative cover will be retained, protected and maintained so far as possible to facilitate the drainage, will prevent erosion, and preserve scenic attributes. C. Grounds shall be maintained free from accumulations of refuse and any health and safety hazards constituting a nuisance. D. Illumination will be provided at night to protect the safety of the persons assembled. The mass gathering area shall be adequately lighted, but the lighting shall not unreasonably reflect beyond the assembly area boundaries unless adjacent properties are uninhabited and must meet the Lighting Ordinance (Ordinance 693-B) of the City of Southlake. E. Adequate parking areas, including handicapped parking spaces, shall be provided for persons arriving by vehicular means. which shall mean one parking space at least 9' x 18' in area for each 3.5 persons expected to attend. Service road(s) and parking spaces shall be located and developed to permit convenient and safe movement of vehicular and pedestrian traffic and free passage of emergency vehicles and shall be sufficiently well-lit to provide for pedestrian safety. If the OperatorPromoter proposes to utilize temporary off-site parking, then the OperatorPromoter must demonstrate 1) that the off-site parking location is not a residentially zoned area, and 2) during the mass gathering event the off-site temporary parking area will not be utilized for purposes other than the mass gathering event. The Director of Planning and Director of Public Safety shall review any proposed temporary off-site parking to determine whether the standards contained in this section have been demonstrated. Section 304.3 Water Supply. 6 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 A. An adequate, safe supply of potable water, meeting requirements of the Texas State Department of Health and/or Tarrant/Denton County Public Health Department shall be provided. and common cups will not be used. B. Transported water, if used, shall be obtained from an approved source, stored and dispensed in an approved manner. Approval as used in this paragraph means in compliance with standards adopted by the Texas State Department of Health or Tarrant/Denton County Public Health Department. Section 304.4 Sanitation. A. When water is distributed under pressure and flush toilets are used, the water system shall deliver water at normal operating pressure (20 lbs. per square inch minimum to all fixtures at the rate of at least 30 gallons per person per day). B. When water under pressure is not available, and nonwater carriage toilets are used, at least 3 gallons of water per person per day shall be provided for drinking and lavatory purposes. C. When water under pressure is not available, equivalent facilities shall be provided and Formatted: No underline, Font color: Auto installed in accordance with the requirements of the Texas State Department of Health. Formatted: No underline, Font color: Auto D. Toilets shall be provided at the rate of one for each 150 persons. Urinals (Men’s) and Sanistands (Women’s) or Porta Johns may be substituted for the required number of toilets (24 inches of trough urinals in a men’s room will be considered the equivalent of one urinal or toilet). A. Disposal and/or treatment of any excretion or liquid waste will be in a manner consistent with the requirements of the Texas State Department of Health or Tarrant/Denton County Health Department and the City of Southlake. Attorney note: Does the new section A adequately provide for toilet facilities, including sanicans? If it does not, then the old section D ought to be included in some form. Section 304.5 Refuse Disposal. A. Refuse shall be collected, stored, and transported in a manner that allows recycling of and protects against odor, infestation of insects and/or rodents and any other nuisance condition, or conditions which are inconsistent with the health, safety, and welfare of the patrons of the mass gathering or the public. The Operator shall contract with a licensed waste hauler(s) for disposal of all refuse and recyclables at an approved recycling or waste disposal facility, which shall mean facilities that have been licensed or approved by the State of Texas, or if refuse or recyclables are disposed of in another state, at facilities licensed or approved by that state. Records pertaining to waste disposal shall be maintained and copies provided to the City. 7 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: No underline, Font color: Auto Formatted: Font color: Auto Attorney note: why remove references to recycling? B. Refuse and recycling containers shall be clearly marked and readily accessible. and the equivalent of one (1) fifty (50) gallon refuse container shall be provided for each one hundred (100) persons anticipated or that one (1) sixteen (16) cubic yard trash container should be provided for every five thousand (5,000) persons anticipated in addition to an appropriate number of recycling containers. C. The area where motor vehicles are parked shall have one (1) fifty (50) gallon refuse container or its equivalent for every twenty-five (25) such motor vehicles or one (1) sixteen (16) cubic yard trash container for every two thousand (2,000) motor vehicles and an appropriate number of recycling containers. C. The area where motor vehicles are parked shall have one (1) fifty (50) gallon refuse container or its equivalent for every twenty-five (25) such motor vehicles or one (1) sixteen (16) cubic yard trash container for every two thousand (2,000) motor vehicles and an appropriate number of recycling containers. Attorney Note: why not provide for trash barrels in the parking lot? CD. All refuse will be collected from the assembly area at least twice each twelve (12) hour period of the assembly, with a minimum of two (2) such collections per gatherings exceeding six (6) hours, or more often if necessary, and disposed of at a lawful disposal site. DE. The grounds and immediate surrounding property shall be cleared of refuse within twenty- four (24) hours following a mass gathering. EF. In lieu of the above-mentioned requirements in this Section, the OperatorPromoter may submit an detailed alternative plan for refuse disposal to be reviewed and, if reasonable and appropriate, approved by the City Council. Section 304.6 Vermin Control. A. Insect, rodents, and other vermin shall be controlled by proper, sanitary practices, extermination, or other safe and effective control methods, where necessary, and animal parasites and other disease-transmitting nuisances shall be controlled. Section 304.7 Safety. A. Electrical systems shall be installed and maintained in accordance with the provisions of the applicable State standards and local standards and regulations, and shall be approved by a City of Southlake electrical inspector. B. Grounds, buildings, and related facilities shall be constructed, maintained and used in a manner as to prevent fire and in accordance with the applicable State and local City fire prevention regulations. 8 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: No underline, Font color: Auto C. The Director of Public Safety shall be informed by the Operator of the date and time of the mass gathering in writing at least fifteen (15) days from the date of notification given by the permit holder pursuant to Section 303.3(B) above in order to insure that adequate fire prevention equipment and personnel, as determined by the Director of Public Safety, are available. DC. Internal and external traffic and security control shall meet requirements of the applicable State and local law enforcement agencies. ED. At least one law enforcement officer for each 500 persons expected to attend the mass gathering (but not fewer than a total of three officers) shall be on site to assist in crowd and traffic control. The Director of Public Safety may recommend additional or fewer officers, depending upon the information contained in the Section 303.3 (B) Notification application. If the OperatorPromoter intends to use private security officers, then the identity and number of such officers shall be described in the Permit Application. FE. The OperatorPromoter shall present a plan as part of the application describing all measures and procedures designed to address safety concerns, including provisions for protecting the safety of those attendees at a general admission event. particularly in the area immediately in front of the stage (if applicable). This plan must be reviewed and either approved or disapproved by the Director of Public Safety within fifteen (15) days from the date of the application. Tickets may not go on sale or be distributed prior to approval of the safety plan. If the proposed safety plan is disapproved, then no tickets may be distributed or sold unless and until an amended plan is approved. GF. The OperatorPromoter shall ensure that adequate communication between local law enforcement, fire prevention, and emergency personnel and any private security personnel, including emergency response protocols, is provided for each mass gathering. An on-site communications center may be required by City Officials the Director of Public Safety. Formatted: No underline, Font color: Auto H. The Operator shall notify the Council City Secretary Director of Public Safety at least three (3) days in advance of each mass gathering if the particular event or gathering is sold out. When the Operator learns that a particular event is likely to be sold out, the Operator shall exercise due diligence to promptly inform the general public that tickets will not be available for sale at the time of the event. At a minimum, the Operator shall broadcast announcements in the communications media serving the entire marketing area for the facility regarding the substance of the preceding sentence. Section 304.8 Medical. A. Emergency medical services shall be provided under the supervision of a licensed physician; all other personnel must be licensed by the State of Texas, as either a Physician Assistant, R.N., or Emergency Medical Technician. The Director of Public Safety shall determine the number and the license level of emergency medical service personnel and ambulances needed and the times during which they shall be available. 9 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: No underline, Font color: Auto A. Any and all medical buildings or tents with adequate medical supplies shall be available in a convenient location and shall be clearly identified as such. B. An adequate number of emergency vehicles duly licensed by the State of Texas as ambulance shall be available on the site beginning one half hour before the mass gathering begins and until all patrons have left the scene as determined by the Director of Public Safety. C. Telephone and radio communications, including a communications link with the police and fire departments, shall be provided and kept available for emergency purposes. C. The OperatorPromoter of the mass gathering shall may be required to contact area (within 25 miles) hospitals in the local area prior to the date of the mass gathering and advise them that a mass gathering shall be held and the approximate number of people expected to attend. Section 304.9 Noise. Formatted: No underline, Font color: Auto The OperatorPromoter shall adhere to the City of Southlake Noise Ordinance (Ordinance 778) and control the level of sound emanating from the mass gathering area so as to avoid the creation of a nuisance and adverse impacts on adjoining areas and on the Southlake community. The City Council at its discretion may grant a variance to the noise ordinance requirements for approved events. Section 304.10 Alcoholic Beverages. A Special Use Permit issued by the City of Southlake and defined in Zoning Ordinance is Formatted: No underline, Font color: Auto required to sell and consume alcoholic beverages at mass gathering events. The OperatorPromoter shall restrict the time and location of such sale so that alcoholic beverages are sold only during the particular event and so that public safety and order will not be impaired. The OperatorPromoter shall comply fully with the laws of the State of Texas regulating the sale and consumption of alcoholic beverages. No alcoholic beverages shall be sold at a mass gathering after 10:00 p.m. Alcoholic beverages may be sold and consumed only within a restricted area(s) of the FacilityMass Gathering Area, which does not include the parking lot. The OperatorPromoter shall identify, on the site rendering submitted with the application, the specific restricted area(s) where it he proposes to sell alcoholic beverages, and the means by which it anticipates to limit the consumption of alcohol to such restricted portions of the mass gathering area. Additionally, the OperatorPromoter shall exercise all due diligence and exert its best efforts to prevent the unauthorized consumption of alcoholic beverages on any part of the mass gathering area outside of the restricted areas, and to prevent minors and other patrons of the mass gathering area from using, consuming, bringing in, or otherwise obtaining alcoholic beverages in any manner not authorized by this Ordinance or other applicable State or City regulations. Section 304.11 Dates and Hours of Mass Gatherings. 10 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: No underline, Font color: Auto The OperatorPromoter shall schedule events at the mass gathering area so that they do not have an adverse impact on the areas adjoining the mass gathering area and upon the Southlake community. For purposes of this Section, any mass gathering event that occurs in whole or in part prior to 9:00 a.m. or after 11:00 p.m. will be presumed to create an adverse impact, unless the OperatorPromoter can demonstrate to the contrary. Each event must conclude no later than the hours set forth herein, but in cases of unavoidable delays because of weather or transportation problems, events may be extended, provided the OperatorPromoter promptly notifies the Director of Public Safety that a delay will occur. Section 304.12 Site Plan The Promoter shall submit a sketch or rendering showing the general layout or configuration of the Mass Gathering Area and depicting the general location of the activities and facilities to be provided shall be submitted with the application. Staff Comment: A formal site plan is not required. However, a sketch or rendering to convey the location of activities and facilities on the site shall be submitted. Section 304.13 Performer Information The Promoter shall submit with the application the name and address of each performer who has agreed to or been invited to appear at the mass gathering. Section 304.14 Location Information The Promoter shall submit with the application the address of the property at which the mass gathering is to be held. The Promoter shall submit copies or evidence of the agreement between the Promoter and the property owner for use of said property for the mass gathering. Section 304.12 15 Additional Requirements The City Council may impose additional requirements not outlined in this ordinance to ensure the health, safety and welfare of the public. Section 304.13 16 Variance. The City Council may grant a variance to any regulations set forth in this ordinance. 11 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: Left, Space Before: Auto, After: Auto Formatted: No underline, Font color: Auto Formatted: Left, Space Before: Auto, After: Auto ARTICLE IV BOND Section 401 Bond. The OperatorPromoter shall carry public liability insurance in at least the following amounts: $300,000 Bodily Injury (per person); $500,000 Bodily Injury (per occurrence); and $100,000 property damage, which insurance policy shall name the City as an additional insured and shall contain a clause providing that the policy may not be canceled by either party except upon not less than thirty (30) days written notice to the City. A copy of the insurance policy shall be provided to the City at the time of the filing of the application. Additionally, if the OperatorPromoter carries public liability insurance in an amount greater than the figures set forth in this Section, then the City shall be named as an additional insured. ARTICLE V PENALTIES AND REVOCATION Section 501.1 Penalties. Any person, including the OperatorPromoter, violating this Ordinance shall be punished by a civil penalty in a manner consistent with Section 1-7 of the Southlake City Code. of at least $100 but not more than $2,000. The failure to comply with conditions imposed upon the issuance of a mass gathering permit shall be a violation of this Ordinance. Each violation shall be considered a separate offense, and each day a violation is allowed to exist shall be considered a separate offense. The civil penalty provided for in this Section 501.1 shall be in addition to any other penalty provisions provided within this Ordinance, and shall be in addition to all other remedies to the City of Southlake at law and in equity. The provisions of this Ordinance shall be enforced by the City Manager or such other municipal official or employee as the City Manager shall designate in writing. Section 501.2 Revocation. The City Council may revoke a mass gathering permit issued pursuant to this Ordinance upon finding that the OperatorPromoter has violated one or more of the provisions of its mass gathering permit, ; if the Council finds that the violations are likely to occur again in future mass gathering events sponsored by the OperatorPromoter, or his related entities, at the same mass gathering area subject to the permit; if the Council finds that the Permit was obtained by fraud or misrepresentation; or if the preparations for the mass gathering will not be completed prior to the event’s beginning and where the previous violations occurred. The Council may revoke a permit only after the OperatorPromoter has been given notice and an opportunity to be heard. In the case of a revocation, the OperatorPromoter must receive notice of the proposed revocation at least fourteen (14) days prior to the revocation hearing. A decision by the Council to revoke an application shall not take effect until fourteen (14) days after the OperatorPromoter has actual notice of the decision. The Council may, however, shorten any of 12 Draft Mass Gathering Ordinance 5/27/03 Formatted: No underline, Font color: Auto C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 the time periods prescribed in this Section 501.2 if the Council finds that an emergency posing an imminent threat to the public health, safety or welfare exists and requires immediate action. ARTICLE VI SEVERABILITY AND EFFECTIVE DATE Section 601 Severability. The invalidity of any provision of this Ordinance shall not invalidate any other part thereof. Section 602 Effective Date. This Ordinance shall take effect immediately upon adoption by the Southlake City Council. Section 603 Repeal. This Ordinance repeals, replaces and supersedes the Ordinance No. 198-1 entitled “Mass Gathering Ordinance of the City of Southlake, previously enacted by the City Council.” PASSED AND APPROVED ON FIRST READING THIS _____ DAY OF ______________, 2003 _____________________ MAYOR ATTEST: _____________________ Formatted: No underline, Font color: Auto CITY SECRETARY Approved as to form: __________________ 13 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: Border: Bottom: (Single solid line, Auto, 1.5 pt Line width) City Attorney Date: ________________ Approved:____________ Formatted: Border: Bottom: (Single solid line, Auto, 1.5 pt Line width, From text: 31 pt Border spacing: ) 14 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: Border: Bottom: (Single solid line, Auto, 1.5 pt Line width) 15 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03 Formatted: Border: Bottom: (Single solid line, Auto, 1.5 pt Line width, From text: 31 pt Border spacing: ) 16 Draft Mass Gathering Ordinance 5/27/03 C:\\Users\\TCooper\\AppData\\Local\\Temp\\480-UU ATT B -MASS GATHERING 5-22-03(db)_2302002\\480-UU ATT B -MASS GATHERING 5-22-03(db).docC:\\MASS GATHERING 5-22-03(db).docW:\\Southlake\\Ordinances\\MASS GATHERING 5-22-03(db).doc 5/14/03