§ 42-286. Permit required.
(a)
Generally. It shall be unlawful for any person to set up or operate any live outdoor performance, exhibition, carnival or circus, of man, machine or animal within the city to which the public is invited unless and until such person has first obtained a permit issued by the director of health and paid a permit fee.
(b)
Fees. The permit fee shall be: $100.00 application fee and $100.00 for each day or part thereof that the live outdoor performance, exhibition, carnival or circus, of man, machine or animal is to be operated.
(c)
Term. The term of the permit shall not exceed 14 consecutive days and shall not be renewable within 30 days of its expiration.
(d)
Application. Each person desiring to conduct or operate a live outdoor performance, exhibition, carnival or circus within the city shall make application for a permit to the health department at least two business days prior to the date of the contemplated live outdoor performance, exhibition, carnival or circus and tender to the director of health the following:
(1)
A completed application form;
a.
A completed application form shall be submitted, specifying the name and permanent address of the owner of the live outdoor performance, exhibition, carnival or circus, and if the live outdoor performance, exhibition, carnival or circus is owned by a company or corporation, the application shall show such fact and shall also show the name of the manager or other officer in charge of the live outdoor performance, exhibition, carnival or circus. In any event, the application shall show the person in active charge and control of the live outdoor performance, exhibition, carnival or circus.
b.
The application shall further state in detail the different component parts of the live outdoor performance, exhibition, carnival or circus including, but not limited to, all concessions, shows, amusements, businesses and proposed location of the live outdoor performance, exhibition, carnival or circus, the time it is to run and the number of persons regularly traveling therewith, if any, and the number of local persons connected therewith and shall give a full and complete plan of the proposed live outdoor performance, exhibition, carnival or circus.
(2)
A cash bond;
a.
A cash bond in a minimum amount of $5,000.00 or such other amount as may be required by the city manager shall be submitted to ensure payment for the services of public safety and inspection personnel, reinspection fees, removal of all materials, equipment, trash, garbage and waste of every kind, damages and such other costs as the city may incur as a consequence of a live outdoor performance, exhibition, carnival or circus.
b.
In the event the city determines that the city is required to repair or replace any damaged property, to remove equipment, trash or garbage or to perform or have performed any additional services as a result of the permit applicant's operations, the city shall make such repairs or replacements or perform such services and deduct the cost thereof from the cash bond amount without further notice to the permit applicant.
c.
The city shall provide permit applicant a monthly accounting of all repairs and deductions made to the cash bond, which accounting shall be made only if a deduction has been made for which no prior accounting has been tendered.
d.
Upon expiration of 90 days from the effective date of the permit, the city shall refund any balance of the cash bond to the permit applicant, upon written application for same. Should the costs to repair or replace damaged property or perform the services exceed the amount of the cash bond, the permit applicant shall reimburse the city for such costs within 30 days of the receipt of invoice. Costs not timely paid shall accrue interest at the rate of one percent per month;
(3)
Certificates of insurance showing a comprehensive general liability policy in an amount not less than $1,000,000.00 for bodily injuries, including accidental death per occurrence and $100,000.00 for property damage, and showing commercial automobile liability coverage with a combined single limit of $1,000,000.00 if any automobile is used in connection with the live outdoor performance, exhibition, carnival or circus;
(4)
Proof of an on-site inspection and approval of the proposed facilities by the city fire, plumbing, electrical and health inspectors;
(5)
A copy of the agreement between the permit applicant and a state-permitted waste disposal company by which the waste disposal company will provide and service sanitary accommodations for employee use only and not less than two units for each 100 participants expected for public use;
(6)
Proof of availability of a state-approved disposal site by the company providing and servicing the sanitary accommodations;
(7)
A site plan consistent with the requirements of this section and the Code; and
(8)
An agreement which authorizes the applicant to use the property to conduct or operate a live outdoor performance, exhibition, carnival or circus throughout the term of the permit.
(e)
Distance requirements.
(1)
Except as provided in subsection (e)(2), no person may not conduct or operate a live outdoor performance, exhibition, carnival or circus within:
a.
Five hundred feet of a private residence that such person has no right to occupy; or
b.
Five hundred feet of property used as a school, hospital or church.
(2)
The distance requirements specified in subsection (e)(1) shall not apply to a live outdoor performance, exhibition, carnival or circus.
a.
Held by a church, school, school organization, hospital, or governmental entity and operated on church, school, hospital, or governmental entity grounds; or
b.
Held at Bicentennial Park.
(f)
Parking. Vehicles associated with any live outdoor performance, exhibition, carnival or circus not in operation or use during any such performance shall not be parked wtihin 500 feet of property used as a residence, whether a single-family, multi-family or duplex use.
(g)
Living quarters. Trailers or other vehicles, including recreation vehicles, shall not be occupied as living quarters at the site of a live outdoor performance, exhibition, carnival or circus, unless:
(1)
The permit applicant has submitted to the director of health a copy of a valid agreement between the permit applicant and a state-permitted waste disposal company by which the waste disposal company will provide and service sanitary accommodations at the site for the trailers or other vehicles to be used as a residence; and
(2)
The director of health has approved in writing the use of the trailers or other vehicles as living quarters.
(h)
Fire safety. All tents, awnings and similar canvas material must be flameproofed in accordance with the requirements of the fire marshal. Fire lanes for emergency equipment must be provided as may be required by the fire marshal. The site for any such show must be prepared in such a manner as not to be a fire hazard and must be approved in writing by the fire marshal.
(i)
Food service. Where food service is provided, such food service operation shall be provided in a self-contained unit or one that is approved in writing by the director of health.
(j)
Toilet facilities. A minimum of two portable toilet facilities for use for each 100 participants must be provided on the premises at all times during the live outdoor performance, exhibition, carnival or circus.
(k)
Time. Any live outdoor performance, exhibition, carnival or circus may be operated only between the hours of 9:00 a.m. and 12:00 a.m. daily except on Sunday, on which day such shows shall only operate between the hours of 1:00 p.m. and 12:00 a.m.
(l)
Permit issuance. A permit may be issued, by the director of health, upon confirmation of compliance with this section and a positive review of previous live outdoor performances, exhibitions, carnivals or circuses held by same owner, company or corporation. Such review shall be performed by the director of health, who shall consider the operation of each live outdoor performance, exhibition, carnival or circus, including the number and cause of any health and safety related incidents associated in any way therewith and any other relevant information.
(m)
Permit revocation. If any live outdoor performance, exhibition, carnival or circus is issued a permit required by this section and it conducts itself in an unlawful manner in whole or in part, its permit may be revoked by the director of health and fees paid shall be forfeited.
(n)
Exceptions. It is an exception to the application of this section if the live outdoor exhibition is:
(1)
A promotional event held by and for a commercial establishment within the city if the promotional event is:
a.
On the same property from which the commercial establishment conducts business within a structure for which a certificate of occupancy has been issued by the chief building official of the city; and
b.
On no more than two calendar days a year.
(2)
Held at Town Square and certain contiguous areas if:
a.
Town Square has been specifically reserved for the live outdoor exhibition through the parks and recreation department; and
b.
The predominate live outdoor exhibition is to be held at Town Square; and
c.
Any secondary exhibition is held within the area that:
1.
Is contiguous to Town Square; and
2.
Bounded by N. Pruett Street on the west, W. Defee Avenue on the north, S. Commerce Street on the east and W. Pearce Avenue.
(o)
Limited exemption. Short-term outdoor performances, exhibitions, carnivals or circuses sponsored solely by a church, school, school organization, hospital, governmental entity, or a non-profit corporation organized under the Texas Non-Profit Corporation Act, V.T.C.S. art. 1396-1.01, et seq., shall not be subject to the insurance, bond or fee requirements set forth in this section. As used in this subsection, "short-term" shall mean for a period not exceeding two consecutive calendar days.
(p)
Violation. Violation of this section shall be punishable, upon conviction, by a fine as provided in section 1-14. However, any conduct prescribed under this article that also constitutes an offense under state law shall not be prosecuted under this section, but shall be prosecuted pursuant to and punishable as provided by the applicable state law. An offense under this section is not a lesser included offense under V.T.C.A., Health and Safety Code §§ 481.001, et seq., 483.001—485.001, et seq.
(Code 1967, § 15-5; Ord. No. 4378, § 1, 2-13-86; Ord. No. 5456, § 1, 2-8-90; Ord. No. 9491, § 1, 1-9-03; Ord. No. 11,916, § 1, 4-12-12; Ord. No. 12,279, §§ 1—3, 6-27-13; Ord. No. 13,029 , § 1, 11-16-15; Ord. No. 13,497 , §§ 1, 2, 7-6-17; Ord. No. 13,676 , §§ 1, 2, 1-11-18; Ord. No. 13,740 , § 1, 4-12-18)