ORDINANCE NO. _14,870_
AN ORDINANCE to amend the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, adding and enacting a new Article VI, Entertainment Venues to Chapter 14, Amusements and Entertainments, Section 14-180 through 14-190, relating to licensing of entertainment venues.
Be It Ordained by the City Council of the City of Des Moines, Iowa:
Section 1. That the Municipal Code of the City of Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, adding and enacting a new Article VI, Entertainment Venues to Chapter 14, Amusements and Entertainments, Section 14-180 through 14-190, relating to licensing of entertainment venues, as follows:
Sec. 14-180.
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:
Structure means anything constructed or erected with a fixed
location on the ground, or attached to something having a fixed location on the
ground.
Entertainment venue means any structure, or portion thereof, that is used
for the gathering of persons for the purpose of entertainment for no more than
four three day periods per year. Any structure used for more frequent gathering
of persons for the purposes of entertainment shall be considered as permanent
and subject to the building code, zoning, and fire code requirements of this code
applicable to such permanent use.
Operator means any person, group, or
organization who is responsible for the organization
and operation of an entertainment venue.
Sec. 14-181.
License required.
No entertainment venue shall be permitted within the city
without the operator or owner first obtaining an entertainment venue license
from the city.
Sec. 14-182. Exception.
Structures
otherwise inspected by the building official, the zoning enforcement officer,
and the chief of the fire department and approved for entertainment use
occupancy shall not be required to obtain an entertainment venue license.
Sec.
14-183. License
application.
(a) Every
applicant for such license shall apply in writing to the city clerk. Such
application shall be submitted at least 30 days prior to the proposed date of
commencement of operation of such entertainment venue. The requirement that
such an application be submitted at least 30 days in advance may be waived by
the city manager upon a written finding by the city manager that the necessary
review and inspection of the proposed entertainment venue may be completed
within the time remaining and that the expedited review of such application
will not interfere with the efficient administration of chapter 134 of this
Code and the building, fire and traffic Codes.
(b) Every
license application shall contain the following information:
(1) The name and address of the applicant
and that of the operator.
(2) If the application is made on behalf of
an organization, the name and address of the organization.
(3) The names and phone numbers of two
contact persons.
(4) The proposed dates and hours of operation
of the event.
(5) An estimate of daily attendance.
(6) A description and diagram of the
entertainment venue drawn to a scale of one-fourth inch equals one foot zero
inches.
(7) The name of the company or named of
persons to provide security services at the premises.
(c) The applicant must give consent in writing on the
application, which consent shall be binding upon the operator, organizer or
owner of the entertainment venue, that city inspector or members of the fire
and police departments may enter the structure without warrant to inspect the
structure for purposes of determining compliance with this article and all other
applicable statutes and ordinances.
(d) An
application to license an entertainment venue must include, in addition to the
information required in subsections (b) and (c) of this section, the following:
(1) Presentation by the applicant of a
certificate of insurance issued by an insurance company licensed to do business
in this state, providing general liability insurance coverage in an amount set
by the risk management officer per occurrence and aggregate for the injury or
death of any person; for damage to property of others; and for acts of
negligence by the owner, operator, or his or her agents in the conduct or
operation of an amusement house or entertainment venue. The general liability
insurance shall be on a comprehensive or commercial form and shall name the
city as an additional insured. The certificate of insurance shall also evidence
that the general liability policy may not be cancelled or modified in any way
without 30 days' written notice to the city.
(2) The cancellation or other termination of
any insurance policy presented to comply with this subsection shall
automatically revoke and terminate the license issued under this article,
unless another certificate, complying with this subsection, shall be provided
showing insurance in effect at the time of such cancellation or termination.
Sec.
14-184. License fees.
(a) An
applicant for an entertainment venue license shall submit a fee to the city
clerk at the time of filing the application.
(b) An
applicant who makes application less than thirty (30)
days prior to the proposed
date of commencement of operation shall pay a late fee.
(c) If the application is denied or if the
application is withdrawn before final action is taken by the city clerk, a
portion of the application fee shall be retained by the city clerk for the cost
of administration.
(d) The license fee, its nonrefundable
portion and the late fee for an entertainment venue license shall be in the
amounts set in the schedule of fees adopted by the city council by resolution.
Sec. 14-185.
License qualifications.
(a) Prior
to the issuance of an entertainment venue license, the city clerk shall forward
copies of the application to the building official, the zoning enforcement
officer, and the chief of the fire department who shall review the application
and, when appropriate, conduct inspections of the proposed site of the
entertainment venue in conformance with the standards set out in this article.
(b) The
city clerk shall issue an entertainment venue license only upon a showing that
the entertainment venue to be used has
the approval of the building official, the zoning enforcement officer, the
chief of the fire department and upon a showing that the applicant has complied
with all other requirements set out in this article.
Sec. 14-186.
Basis for denial of license.
An
application for a license required by this article shall be denied if, after
review, one or more of the following are found to be true:
(1) The existence of the entertainment venue
will have an adverse impact on the flow of vehicular or pedestrian traffic in
the area which cannot be reasonably alleviated or that sufficient parking is
not available to accommodate the expected attendance such finding to be
determined by the engineering department; or
(2)
The proposed location is in an area
not zoned for such use; or
(3) The entertainment venue has been found
not to conform at the time of the application or after the issuance of the
license, with the requirements of the city building codes, the fire codes, or
that traffic safety requirements cannot be met.
Sec. 14-187.
Building standards and inspections.
Before
any alteration, modification or construction occurs to any entertainment venue,
a building permit shall be obtained as required under section 26-135 of the
building code.
Sec. 14-188. Fire
standards and inspections.
Before
any alteration, modification or construction occurs to any fire protection
system of an entertainment venue, a construction permit shall be obtained as
required under section 46-1 of the fire prevention and protection code.
Sec. 14-189.
Prohibited acts.
(a) No
person or license holder shall create or allow excessive noise in violation of
the provisions of article IV of chapter 42 of this Code.
(b) No
person or license holder shall allow the operation of or conduct an
entertainment venue without the assistance of security services for the
premises.
(c) No
person or license holder shall allow any disorderly conduct, as defined under
section 70-36 of this Code.
(d) No
person or license holder shall fail to display the entertainment venue license in a
conspicuous place at the public entrance to the licensed premises.
Sec. 14-190.
Suspension and revocation of license.
(a) Any
license issued pursuant to this article may be revoked for violations of this
article or for any other violation of this Code. No revocation shall issue
except upon notice delivered to the licensee by mailing the notice in the
regular mail addressed to the licensee at the licensed premises a minimum of
ten days prior to the date set for the hearing before the city council. Such
notice shall inform the licensee of the time, date and place of the hearing and
the purpose of the hearing and shall set out the reasons therefor.
However, for violation of the applicable codes of such nature that the
violation is deemed to be an immediate safety hazard by city inspectors or the
police or fire department and such report is submitted to the city clerk in
writing, the city clerk shall be authorized to temporarily suspend the license
until notice can be given and hearing held.
(b) If,
after such a hearing, the city council makes a finding based on substantial
evidence that a violation of this article or another chapter of this Code did
in fact occur as alleged, the city council may continue suspension of or revoke
the license; the determination of whether to revoke such license shall be in
the discretion of the city council and shall be dependent upon the
circumstances surrounding the violation and its severity.
(c) A
licensee whose license has been revoked shall not be eligible for another
entertainment venue license for a period not to exceed two years. Any structure
having its license revoked shall not be relicensed under this article for a
period not to exceed one year.
Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.
FORM APPROVED:
Ann DiDonato, Assistant City Attorney
T. M. Franklin Cownie, Mayor
Attest:
I, Diane Rauh, City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 09-1363), passed by the City Council of said City at a meeting held July 27, 2009 signed by the Mayor on July 27, 2009 and published as provided by law in the Business Record on August 10, 2009. Authorized by Publication Order No. 6628.
Diane Rauh, City Clerk