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HomeMy WebLinkAbout042 - 06/22/1976 - AMENDING ARTICLE VII (SECTION 73-36 THROUGH 73-40, INCLUSIVE) OF THE CITY CODE RELATING TO LICENSED ORDINANCE NO 42 , 1976 BEING AN ORDINANCE AMENDING ARTICLE VII (SECTION 73-36 THROUGH 73-40, INCLUSIVE) OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO LICENSED OCCUPATIONS AND PLACES OF ENTERTAINMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS That Article VII (Section 73-36 through 73-40, inclusive) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows "ARTICLE VII Places of Entertainment "§ 73-36 License required ' It shall be unlawful for any person or persons to produce, conduct or carry on any public exhibition, show, circus, menagerie, carnival, public dance or other form of public amusement wherein an admission fee is charged, without first having procured a license therefor from the Director of Finance in the manner hereinafter provided "§ 73-37 License application and issuance "Applications for licenses hereunder shall be made through the Director of Finance and the Director of Finance shall issue licenses upon approval of the application by the City Manager Any person desiring a license hereunder shall file with the Director of Finance an application therefor on forms to be provided by the City setting out such information as may be required by the City Manager, including the following The full name of the applicant, the name and business address of the show operator if different from the applicant, the kind of show or public entertainment to be conducted, the place where the same is to be given, the time for which the license is sought and, in the case of carnivals or similar forms of public amusement, the number of attractions to be presented The applica- tion shall be accompanied by a corporate surety bond in the amount of Five Thousand Dollars ($5, 000 ) , conditioned on the applicant' s compliance with all requirements of this ordinance and any conditions imposed on the license pursuant to this ordinance Such application shall be submitted at least ten (10) days before the place of amusement will be open to the public and shall be accompanied by the appropriate license fee required The City Manager shall investigate the character of the applicant and the show operator, if different from the applicant, and shall order the license issued if he determines that such parties are of good moral character and financially responsible and that the other requirements of this ordinance have been met "§ 73-38 License fee "License applications shall be accompanied by the appropriate license fees which shall be as follows "A For all theaters, opera houses, moving picture shows and other similar facilities where shows are to be produced for the public, the fee shall be in the amount of seventy-five dollars ($75 ) per annum "B For drive-in theaters the fee shall be fifty dollars ($50 ) per annum IT For all circuses, menageries and carnivals the fee shall be fifty dollars ($50 ) for each day that such entertainment is presented in the City, provided that for carnivals, if more than forty (40) attractions are presented, an additional fee of two dollars and fifty cents ($2 50) per day for each attraction over forty shall be paid "D For public dance halls the fee for the license shall be fifty dollars ($50 ) per year "E In case of any attraction for which an annual fee is provided, the license shall be issued for the period January 1 through December 31 In case of an application for license after January 1 of any year, the license fee shall not be prorated and the full fee shall be charged for a partial year "§ 73-39 Conditions of license ' A The license for any circus, menagerie or carnival shall be issued sub3ect to the following additional requirements "1 A representative of the fire department and/or the building inspection department shall make an inspection of the area and the equipment in order to -2- determine that adequate fire lanes are provided, that adequate fire hydrants or other means of extinguishing fires are available, that electrical connections are made in a safe manner, and that electrical equipment appears to be in good working order "2 A representative of the police department shall inspect the area in order to verify that no unreasonable noisy or light condition will adversely affect any adjoining residential areas "3 A representative of the City Engineer' s office shall inspect the area in order to verify that adequate arrangements have been made in order to prevent trash and litter blowing onto adjoining premises or to collect any trash or litter which does blow onto adjoining premises and to verify that adequate restroom facilities are available for the public at any time the attraction is open to the public "All of such inspections shall be completed after the attraction is set up but before the same is opened to the public and the City representatives making the inspection shall have the power to require reasonable corrections to be made in order to protect the public and adjoining premises "In addition to the foregoing requirement, any applicant for a circus, menagerie or carnival license shall deposit with the Director of Finance at the time of making the license application an amount equal to $ 50 00 for each day the attraction will be available to the public, which deposit shall be made to cover anticipated sales tax from the attraction Within forty-five (45) days after the expiration of the license, the licensee shall file the necessary sales tax return with the Director of Finance and pay any additional sales tax owing or receive a refund from the deposit if the deposit is more than the sales tax In the event no sales tax return is filed within such time, the amount deposited shall be deemed to be the amount of the sales tax and no refund will thereafter be available "B Any public dance hall shall be operated in compliance with all requirements of the ordinances of the City of Fort Collins relating to occupancy limits, required restroom facilities, and other requirements pertaining to customer facilities -3- "C In authorizing the issuance of a license hereunder, the City Manager may specify special conditions, including hours of operation or manner of operation, which are intended to insure that the place of amusement will not be unduly annoying to any residential areas in the vicinity In case of circuses, menageries and carnivals, the City Manager may deny the application if he determines that such attraction in the location requested will unreasonably disrupt the peace and quiet of any residential neighborhood in the City "§ 73-40 Appeal to Council "In the event any applicant for a license hereunder is denied such an application by the City Manager or if the City Manager will issue the license only upon conditions which are not acceptable to the applicant, then the applicant may appeal the decision of the City Manager to the City Council, provided that notice of such appeal is filed at least five (5) days before the meeting of the City Council at which the applicant requests that the appeal be heard At the time of hearing the appeal, the applicant may submit to the City Council any material evidence relating to the application, and the City Council shall consider the same together with the report of the City Manager and make a final determination upon the application Introduced, considered favorably on first reading, and ordered published this lst day of June , A D 1976, and to be presented for final passage on the 22nd day of June A D 1976 ATTEST or� 4:7 e�elex.w-t/ City Clerk Passed and adopted on final reading this 22nd day of June , A D 1976 ATTEST -�Mayor/�LCLl1f��i� � ?My Clerk -4-