CHAPTER 113
AMUSEMENTS
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General Provisions 113.01 Definitions 113.02 License required 113.03 Application; bond 113.04 Information to be shown in license |
113.05 Fees; proration 113.06 Issuance of license 113.07 Posting of license 113.08 Enforcement 113.09 Waiver of provisions |
GENERAL PROVISIONS
§ 113.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENTERTAINMENT or AMUSEMENT. Any theatrical, exhibition, show, and similar amusement or entertainment offered, which the public is required to pay a fee.
PLACE. The theater, opera house, auditorium, hall, park grounds, gardens, tent, or other enclosure within which it is intended to produce, offer, or present any such amusement or entertainment.
§ 113.02 LICENSE REQUIRED.
No person, either as owner, lessee, manager, officer, or agent, or in any other capacity, shall give, conduct, produce, or offer for gain or profit, any of the entertainments, exhibitions, performances, or amusements specified and defined in this chapter without first having obtained a license therefor.
Penalty, see § 10.99
§ 113.03 APPLICATION; BOND.
An application for the license required by § 113.02 shall be made in writing to the City Administrator, setting out the full name of the applicant, if an individual, and if a corporation, the full name and residence of its principal officers; the location and description of the building, enclosure, or place for which a license is desired or where it is desired to present any public amusement; the class of entertainment it is desired to produce, offer, or present at such place; the seating capacity and the price of admission intended to be charged.
When the application for a license shall be for the use or occupancy of a public street or other public grounds, every applicant shall file with his application his bond in the penal sum of one thousand dollars ($1,000.00) with a surety company licensed to do business in the state. Such bond shall be conditioned that the person to whom such a license shall be issued, his heirs, executors, and assignees will save and keep the city harmless from any and all loss from damage and claims for damages arising from or out of the use of such public street or public grounds. The bond shall be further conditioned that such person will keep the city harmless from all litigation and for the faithful performance and observance of all the terms and conditions of this chapter; provided, that if the place desired to offer such entertainment is not a fit and proper place and is not conducted and maintained in accordance with the provisions of this chapter governing or controlling such places or if the entertainment desired to be produced or offered is of an immoral or dangerous character, or if the person making application for a license is not of good character, the City Administrator may refuse to approve such application.
No license shall be issued by the City Collector, except upon the approval of the application therefor by the City Administrator. However, the bond may be waived or changed to a different amount by resolution of the City Council.
§ 113.04 INFORMATION TO BE SHOWN IN LICENSE.
All licenses for entertainments under the provisions of this chapter shall contain a provision that no gaming, raffle, lottery, or chance gift distribution of money or articles of value shall be connected therewith or allowed by the person obtaining the license, or in anywise permitted or held out as an inducement to visitors. Such license shall also state the number of persons such licensed theater, hall, building, or place has accommodations for, and no more than that number shall be allowed to occupy such.
§ 113.05 FEES; PRORATION.
The following license fee shall be imposed upon each license granted and shall be paid to the City Collector upon the granting of such license: For one (1) day or fraction thereof, the sum of ten dollars ($10.00); for one (1) year or fraction thereof, the sum of one hundred dollars ($100.00).
Where any license under the provisions of this chapter is provided for an annual period, if less than six (6) months of the annual period shall have expired at the time of the issuance of such license, the full annual license fee shall be charged therefor; if more than six months of the annual license period shall have expired, one-half (½) of the full annual license fee shall be charged. In no event shall any license be issued for any part of a license year for a less sum than one-half (½) of the full annual license fee. No apportionment of fees shall be made in any case where the licensing period is less than a year.
§ 113.06 ISSUANCE OF LICENSE.
Upon receipt of the application for a license required by this chapter, the City Administrator shall make or cause to be made an examination of the place for which a license is desired; and if it shall appear that such place is constructed or maintained in accordance with the provisions of any applicable building requirements, is so located as not to prove a nuisance and has safe means of exit and safe seating facilities, then the City Administrator shall issue or cause to be issued by the City Collector, upon payment of the license fee required by this chapter to the City Treasurer, a license to such applicant, which shall entitle the licensee named therein to present the entertainments named in such license for and during the period of such license and at the place stated therein.
§ 113.07 POSTING OF LICENSE.
Every license issued under the provisions of this chapter shall, at all times during the life thereof, be posted in a conspicuous place at or near the principal entrance of the premises described in such license, so the same may be easily seen and read by any person passing in or out of such premises.
Penalty, see § 10.99
§ 113.08 ENFORCEMENT.
Every license granted under the provisions of this chapter shall, at all times, be subject to the provisions of this code existing when the same shall be issued, or which shall thereafter be passed, so far as the same shall apply.
§ 113.09 WAIVER OF PROVISIONS.
The City Administrator, with the consent of the City Council, shall have the right to waive the provisions of this chapter for any public entertainment, the proceeds of which are for the benefit of any religious, fraternal, charitable, or educational institution located in the city.