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Section 38.55

Criteria for approval.

Adopted August 30, 2015

In processing an application for a license to conduct an outdoor assembly, the council shall, at a minimum, require the following:

(1) Security personnel. The licensee shall employ at his own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of attendants at the assembly and for the preservation of order and protection of property in and around the site of the assembly. No license shall be issued unless the chief of police, in cooperation with the director of state police, is satisfied that such necessary and sufficient security personnel will be provided by the licensee for the duration of the assembly.
(2) Water facilities. The licensee shall provide potable water sufficient in quantity and pressure to ensure proper operation of all water-using facilities under conditions of peak demand. Such water shall be supplied from a public water system, if available, and, if not available, then from a source constructed, located and approved in accordance with Public Act No. 368 of 1978 (MCL 333.12701 et seq., MSA 14.15(12701) et seq.) and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law, or from a source and delivered and stored in a manner approved by the village.
(3) Restroom facilities. a. The licensee shall provide separate enclosed flush-type water closets as defined in Public Act No. 230 of 1972 (MCL 125.1501 et seq., MSA 5.2949(1) et seq.) and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. If such flush-type facilities are not available, the village may permit the use of other facilities which are in compliance with Public Act No. 368 of 1978, § 12771 (MCL 333.12771, MSA 14.15(12771)) and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. b. The licensee shall provide lavatory and drinking water facilities constructed, installed and maintained in accordance with Public Act No. 230 of 1972 (MCL 125.1501 et seq., MSA 5.2949(1) et seq.) and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. All lavatories shall be provided with hot and cold water and soap and paper towels. c. The number and type of facilities required shall be determined on the basis of the number of attendants, in the following manner: Facilities Male Female Toilets 1,300 1,200 Urinals 1,100 Lavatories 1,200 1,200 Drinking fountains 1,500 Taps or faucets 1,500 d. Where the assembly is to continue for more than 12 hours, the licensee shall provide shower facilities on the basis of the number of attendants, in the following manner: Facilities Male Female Shower heads 1:100 1:100 e. All facilities shall be installed, connected and maintained free from obstructions, leaks and defects and shall at all times be in operable condition as determined by the village.
(4) Food service. a. If food service is made available on the premises, it shall be delivered only through concessions licensed and operated in accordance with the provisions of Public Act No. 368 of 1978 (MCL 333.12901 et seq., MSA 14.15(12901) et seq.) and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law. b. If the assembly is distant from food service establishments open to the public, the licensee shall make such food services available on the premises as will adequately feed the attendants.
(5) Medical facilities. If the assembly is not readily and quickly accessible to adequate existing medical facilities, the licensee shall be required to provide such facilities on the premises of the assembly. The kind, location, staff strength, medical and other supplies and equipment of such facilities shall be as prescribed by the village.
(6) Liquid waste disposal. The licensee shall provide for liquid waste disposal in accordance with all rules and regulations pertaining thereto established by the village. If such rules and regulations are not available or if they are inadequate, then liquid waste disposal shall be in accordance with the United States Public Health Service Publication No. 526, entitled, "Manual of Septic Tank Practice." If liquid waste retention and disposal is dependent upon pumpers and haulers, they shall be licensed in accordance with Public Act No. 451 of 1991 (MCL 324.11701 et seq., MSA 13A.11701 et seq.) and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law, and, prior to issuance of any license, the licensee shall provide the village with a true copy of an executed agreement in force and effect with a licensed pumper or hauler, which agreement will ensure proper, effective and frequent removal of liquid waste from the premises so as to neither create nor cause a nuisance or menace to the public health.
(7) Solid waste disposal; pest control. a. The licensee shall provide for solid waste storage on the premises, and removal from the premises. Storage shall be in approved, covered, flytight and rodentproof containers, provided in sufficient quantity to accommodate the number of attendants. Prior to issuance of any license, the licensee shall provide the village with a true copy of an executed agreement in force and effect with a refuse collector licensed in accordance with any applicable law, which agreement will ensure proper, effective and frequent removal of solid waste from the premises so as to neither create nor cause a nuisance or menace to the public health. b. The licensee shall implement effective control measures to minimize the presence of rodents, flies, roaches and other vermin on the premises. Poisonous materials such as insecticides or rodenticides shall not be used in any way so as to contaminate food or equipment or otherwise constitute a hazard to the public health. Solid waste containing food waste shall be stored so as to be inaccessible to vermin. The premises shall be kept in such condition as to prevent the harborage or feeding of vermin.
(8) Public bathing beaches. The licensee shall provide or make available or accessible public bathing beaches only in accordance with Public Act No. 368 of 1978, § 12541 et seq. (MCL 333.12541 et seq., MSA 14.15(12541) et seq.) and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
(9) Public swimming pools. The licensee shall provide or make available public swimming pools only in accordance with Public Act No. 368 of 1978, § 12521 et seq. (MCL 333.12521 et seq., MSA 14.15(12521) et seq.) and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
(10) Access and traffic control. The licensee shall provide for ingress to and egress from the premises so as to ensure the orderly flow of traffic onto and off of the premises. Access to the premises shall be from a highway or road which is a part of the county system of highways or which is a highway maintained by the state. Traffic lanes and other space shall be provided, designated and kept open for access by ambulances, fire equipment, helicopters and other emergency vehicles. Prior to the issuance of a license, the director of the department of state police and the director of the department of state highways must approve the licensee's plan for access and traffic control.
(11) Parking. The licensee shall provide a parking area sufficient to accommodate all motor vehicles, but in no case shall he provide less than one automobile space for every four attendants.
(12) Camping and trailer parking. A licensee who permits attendants to remain on the premises between the hours of 2:00 a.m. and 6:00 a.m. shall provide for camping and trailer parking and facilities in accordance with Public Act No. 368 of 1978, § 12501 et seq. (MCL 333.12501 et seq., MSA 14.15(12501) et seq.) and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
(13) Illumination. The licensee shall provide electrical illumination of all occupied areas sufficient to ensure the safety and comfort of all attendants.
(14) Insurance. Before the issuance of a license, the licensee shall obtain public liability insurance with limits of not less than $3,000,000.00 from a company approved by the state commissioner of insurance, which insurance shall insure liability for death or injury to persons or damage to property which may result from the conduct of the assembly or conduct incident thereto and which insurance shall remain in full force and effect in the specified amounts for the duration of the license. The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the clerk of the village in writing at least ten days before the expiration or cancellation of the insurance.
(15) Bond. Before the issuance of a license, the licensee shall obtain, from a corporate bonding company authorized to do business in the state, a corporate surety bond in the amount of $1,000,000.00, in a form to be approved by the village attorney, conditioned upon the licensee's faithful compliance with all of the terms and provisions of this article and all applicable provisions of state or local law, and which shall indemnify the village and its agents, officers and employees and the council against any and all loss, injury or damage whatever arising out of or in any way connected with the assembly, and which shall indemnify the owners of property adjoining the assembly site for any costs attributable to cleaning up and/or removing debris, trash or other waste resulting from the assembly.
(16) Fire protection. The licensee shall, at his own expense, take adequate steps, as determined by the state fire marshal, to ensure fire protection.
(17) Fencing; noise control. The licensee shall erect a fence completely enclosing the site of sufficient height and strength as will preclude persons in excess of the maximum permissible attendants from gaining access and which will have sufficient gates properly located so as to provide ready and safe ingress and egress. Sound-producing equipment, including but not limited to public address systems, radios, phonographs, musical instruments and other recording devices, shall not be operated on the premises of the assembly so as to be unreasonably loud or raucous, or so as to be a nuisance or disturbance to the peace and tranquility of the citizens of the village.
(18) Telephones. The licensee shall provide public telephone equipment for general use on the basis of at least one unit for each 1,000 attendants.
(19) Additional conditions. Prior to the issuance of a license, the council may impose any other conditions reasonably calculated to protect the health, safety, welfare and property of attendants or of citizens of the village. (Comp. Ords. 1987, § 20.210)