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f. Indemniflcallon
<br /> The application shall Include an agreement filed
<br /> by the applicants to defend, Idemn[fy, save and hold
<br /> fheCttyof Ramsay harmless from and on account of
<br /> any and all claims against the City of Ramsay for
<br /> injury or damage of any kind or nature to persons or
<br /> property in, upon or about the subject premises or
<br /> arising from or in connection with said music festival
<br /> from any cause whatsoever. The applicants shall
<br /> covenant and agree fo keep and maintain in full force
<br /> andeffect for a period of one year from and after the
<br /> date upon which they shall have been Issued a license
<br /> toconducta music festival, a pellcyof public liability
<br /> and property damage Insurance i~ standard form In
<br /> insurance companies saHsfactory to the City of
<br /> Ramsay and shall furnish the policy therefore to said
<br /> CItyof Ramsay. Such public liability insurance shall
<br /> insure the City of Ramsay for limits of not less than
<br /> $250,000 for Inlury to any one person and $500,000 for
<br /> Inlury to more than one person, and in the amount of
<br /> $,50,000 for property damage. Said policy shall be
<br /> delivered to the City of Ramsay at least ten (10) days
<br /> before the issuance of a license and such policy shall
<br /> bear an endorsement of or shall be accompanied by
<br /> evidence of receipt of payment of the pram(urn
<br /> thereon.
<br />
<br /> g. Clean-up
<br /> The application shall include an agreement signed
<br />by the applicants providing that within seventy-h.vo
<br />(72) hours after the conclusion et the music festival
<br />theappltcants will clean up the premises, Including
<br />contiguous public roads~ ways and easements, and
<br />remove all debris, garbage, trash, litter and other
<br />waste matter from, in and around said premises;
<br />together with att advertising matter to said festival.
<br /> h. Fingerprints
<br /> An application shall not be censldered completed
<br />until each applicant has been fingerprinted and
<br /> photographed by the City of Ramsay Police
<br /> Department.
<br /> i. Referral
<br /> Upon receipt of the fu Ily completed application the
<br />City Clerk shall give copies of the appUcatlon to the
<br />City Council. The City Council shall determine
<br />whether with regard to their specific areas of
<br />
<br />responsibility the proposed music festival can be
<br />held without violation of any of the provisions of this
<br />ordinance. With{n forty-five (45) days after the filing
<br />of a completed appUcaflon, the City Council shall
<br />complete its investigations and shall notify the City
<br />Clerk of their approval or disapproval of the issuance
<br />eta license. If the City Council approves the issuance
<br />of a license, the City Clerk shall, after collecting the
<br />fee as provided in Section 10 of this ordinance, Issue
<br />said license, if the City Council disapproves the
<br />issuance of a license, no license shall be issued, and
<br />the reasons for such disapproval shall be stated in
<br />writing with such notice of disapproval, a copy of
<br />which shall be delivered to the applicant. J. Revocation
<br /> In addition to the provisions of Section 8 of this
<br />ordinance, the City Council shall have the right to
<br />revoke any license Issued pursuant to this Section
<br />after a public hearing held after written notice is
<br />given to the licensee at least twenty.four (24) hours
<br />prior to such hearing, for any of the following
<br />causes:
<br /> I. The licensee falls, neglects Or refuses to fulfill
<br />anyof the conditions imposed upon the granting of a
<br />license.
<br /> 2. The licensee fails, refuses or neglects to fulfill
<br />any of the provisions of the proposed program or
<br />plans.
<br /> :3. The licensee permits the music festival to be
<br />conducted in a disorderly manner or allows any
<br />person to remain on the premises while under the
<br />influence of intoxicating liquor or any narcotics or
<br />dangerous drug.
<br /> 4. The licensee violates, or attempts to violate, any
<br />lawof the State and.or provisions of this Chapter or
<br />any other provisions of lhls ordinance.
<br /> 5. That the Hcensee has prevlous~y made a false,
<br />misleading or fraudulent statement of material fact
<br />in the application for a license or in any other
<br />document required pursuant fo this Section. Written
<br />notice of such revocation shall be forwarded by the
<br />City Clerk 1o the licensee at the address given in the
<br />application. Such revocation shall become effective
<br />immediately after ordered by the City Council. k. Suspension
<br /> The City Council may suspend operation and close
<br />any music festival prior to the expiration of the
<br />license granted under the provisions of this Or-
<br />dinance in the event of the occurrence of a riot,
<br />major disorder, or serious breach of the peace when,
<br />in his opinion, it becomes necessary to prevent intury
<br />to person or persons and.or damage to property.
<br />
<br /> 1. Participants
<br /> if the City Council shell as a condition of issuance
<br /> of the license, impose a limit on the number of
<br /> persons to be admitted to the music festival and-or
<br /> requiring that only holders of tickets shall be ad-
<br /> milled to the premises on which the festival is fo be
<br /> held, it shall be unlawful for the licensee, or any
<br /> agent or employee of the licensee:
<br /> ]. To allow, permit, or suffer the entrance to the
<br /> premises in which the music festival is held, of any
<br /> person who does not possess a ticket, except a peace
<br /> officer or other public officer in the performance of
<br /> his duties;
<br /> 2. TO sell, give, or distribute a greater number of
<br /> tickets than the number authorized by the City
<br /> Council:
<br /> 3. ~(~ allow, permit or suffer the admission of any
<br /> person to a music festival if such admission shall
<br /> result in a greater number of persons present than
<br /> authorized by fha City Council. m. Exemption
<br /> Any person, group of persons, or entity seeking to
<br /> hold, conduct, or operate a music festival, as that
<br /> term is defined in Section 17a on real property
<br /> 3,,vned, leased, rented or possessed by any public
<br /> entity, may be exempted from making application
<br /> fora license, paying the application fee, provided the
<br /> indemnity bond and the policy of public liability and
<br /> property damage insurance required by Section 17-f,
<br /> provided each of the following conditions is satisfied:
<br /> 1. The person, group Of persons, or entity seeking
<br />to hold, conduct, or operate a music festival makes
<br />application in writing to the City Council for a per-
<br />mit, on a form to be provided by the City Council, at
<br />least five (5) days prior to the time indicated for the
<br />.commencement of the festival.
<br /> 2. The applicant shall set forth the day or days, the
<br />time which shall not exceed four (4) hours duration
<br />on any one day between the hours of 10:00 a.m. and
<br />10:00 p.m., and the place of the proposed festival,
<br />and the name, residence address and telephone
<br />number of the applicant and each member of the
<br />performing musical group(s) including their
<br />leader(s).
<br /> 3. The applicant obtains and delivers fo the City
<br />Council, al the time of making the application, a
<br />wriffen sponsorship of or written permit for the
<br />festival signed by the public entity on whose real
<br />property the festival is proposed to be held, con-
<br />ducted, or operated.
<br /> 4. The applicant confirms in the application, or in
<br />a separate writing attached thereto, that: (al each
<br />member of the musical group(s), including their
<br />leader(s), will receive no monetary compensation
<br />for performing in the festival and, (bi no charge
<br />whatsoever will be sought or collected for admission
<br />to or attendance at the proposed festival.
<br /> 5. The applicant agrees in the application, or in a
<br />separate writing altached lhereto, that he will
<br />assume full responsibility for restoring the im-
<br />mediate location of the festival, including the area
<br />occupied by the audience~ to a clean and sanitary
<br />condition, and will remove and properly dispose of
<br />all debris, garbage, titter and other waste matter
<br />from, in and around said location, together with all
<br />advertising matter relating to the festival, within
<br />four (4) hours immediately following the conclusion
<br />~ the. f_estiya_l..
<br /> n. The City Council shall examine the application
<br />and all supporting documents, including the written
<br />sponsorship or permit of the public entity, and if the
<br />City Council finds them to be in compliance with the
<br />required conditions set forth herein, fha City Council
<br />shall issue a permit in Writing to the applicant
<br />authorizing fha music festival to be held, conducted
<br />or operaled on 1he date(s), and at the time(s) and
<br />places(si indicated therein, and the City Council
<br />shall forthwith transmit a copy of the permit to the
<br />affected public entity. The City Council shall have
<br />the final decision making authority in connection
<br />with the issuance or denial of permits hereunder.
<br /> o. No permit granted under the
<br />provisions of this Section fa, paragraphs m, n and o
<br />shaU be transferable or removable to another
<br />location. The City Council shall have the right fo
<br />revoke any permit issued under the provisions of 1his
<br />~,ction, paraqraphs m, n and o after a hearing held
<br />upon at least eight (8) hours written notice given to
<br />the permiftee for any of the causes set forth in
<br />paragraph ] of this Section. The City Council may
<br />suspend operaHon and cloee any musica~ festival
<br />prior to the expiration of the permit granted under
<br />the provisions of paragraphs m, n and o of this
<br />section in the event of the occurrence of imminent
<br />threat of a riot, major disorder, or serious breach of
<br />the peace when, in his opinion, it becomes necessary
<br />to prevent injury to person or persons and-or damage
<br />t~ t~roper fy.
<br />
<br /> p. Penalties
<br /> Any violation of this Section is a misdemeanor and
<br /> is subiect to all penalties for such violations under
<br /> the provisions of Section 12 of this ordinance.
<br /> SECTION 19. GASOLINE SALES
<br /> a. Definitions
<br /> The following definitions shall apply in the in-
<br /> terpretation and application of this Section and the
<br /> following words and terms, wherever they occur In
<br /> this Section, are defined as follows:
<br /> 1. All gasolines sold shall have the octane values
<br /> prescribed by Federal or State authority.
<br /> 2. Advertise shall mean the offering for sale or
<br /> selling to the general public, by advertisement,
<br /> whether oral, written, printed or visual, or in any
<br /> manner whatsoever of gasoline as herein defined.
<br /> b. Advertising of Gasoline
<br /> Nopersan shall advertise for sale to the public, or
<br /> sell to the public, any gasoline as premium or high
<br /> grade or high test or described by any similar term
<br /> intended to convey the impression that such gasoline
<br /> is premium quality or use the term Ethyl in any
<br /> gasoline advertisement in such a manner as to in-
<br /> dicate that the gasoline is of Premium quality unless
<br /> such gasoline has the octane value set forth above for
<br /> premium gasoline.
<br /> c. Sales as Advertised
<br /> No person shall advertise for sale to the public, or
<br /> sell to the public, gasoline as regular or high test
<br /> regular or high octane regular or high grade regular
<br /> or under any other similar name unless such
<br /> ga~line shall conform to the standards set forth in
<br /> paragraph a.
<br /> d. AAisrepresenfation
<br /> Each sale and each misrepresentation as to octane
<br /> specification as herein defined shall constitute a
<br /> separate offense.
<br /> /' e. License Requiredt Fee
<br /> Nogasoline pump shall be erected, placed, kept or
<br />maintained at any location whatsoever within the
<br />City of Ramsay, without a license therefor having
<br />been obtained from the City Council by the owner or
<br />proprietor thereof. The annual license fee and ex.
<br />piration date shall bees provided in Section l0 of this
<br />ordinance. This section applies Io gasoline safes only
<br />and is not intended to regulate gasoline pumps which
<br />are for the private use of an individual or cor-
<br />poration. Any person, firm, partnership or cor-
<br />poration which has a valid license pursuant to
<br />Section 13 of this ordinance need not pay the license
<br />feeas required by this Section, but said licensee ~hall
<br />c0mpty with all other applicable provisions of this
<br />~section.
<br />~ f. Council Action
<br />/ Upon the receipt of any application for the erec-
<br />/lion, placement, keeping or maintaining of any
<br /> gasoline pump or any building or structure in which
<br /> s~ch gasoline pump is to be housed, or in connection
<br /> with which any gasoline pump is fo be used, and
<br /> before granting or issuing therefore a permit or
<br />
<br /> license, the City Council shall determine the effect of
<br /> such erection, placement, keeping or maintaining
<br /> upon public health, safety or general welfare; and
<br /> wherever the Council shall determine ~nd find that
<br /> such erection, placement, keeping or maintaining of
<br /> such gasoline pump, or the building or structure in
<br /> which the same is housed or is to be housed, or in
<br /> connection with which the same is to be used, is
<br /> detrimental to public health, safety and the general
<br /> welfare, that then the City Council shall deny the
<br /> issuance of such license or permit as is applied for.
<br /> In making a determination whether or not the
<br /> erection, placement, keeping er maintaining of any
<br /> such gasoline pump, or the erection or construction
<br /> of a building or structure in which the same is housed
<br /> or to be housed, or in connection with which such
<br /> pump is to be used, is detrimental to the public
<br /> health, safety and the general welfare, the Council
<br /> may consider the nature of the land upon which the
<br /> same is located or to be located, the nature of ad-
<br /> joining land, or buildings, fire hazards created
<br /> thereby, the effect upon traffic into and from the
<br /> premises, or on any adjoining roads whether or not
<br /> such a pump or building or similar structure is
<br /> already in existence and located on the same
<br /> premises or on other lands immediately close by,
<br /> and all such other or further factors as the Council
<br /> shall deem requisite of consideration in determining
<br /> the effect of such installation or construction on
<br /> public health, safety and general welfare. g. Public Nuisance
<br /> Whenever the Council shall find that a gasoline
<br /> pump has previously been erected, placed, kept or
<br /> maintained in any location, and that such erection,
<br /> placement, keeping or maintaining has caused, or
<br /> tends to cause a public nuisance, whether the same
<br />'~,~by reason of danger of fire, traffic safety wise,
<br />
<br />
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