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Home My WebLink About9G - Outdoor Concerts CITY COUNCIL AGENDA REPORT MEETING DATE: March 18,2002 AGENDA#: 9G PREPARED BY: Bill O'Rourke, Chief of Police AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 307.1100 OF THE PRIOR LAKE CITY CODE RELATING TO OUTDOOR CONCERTS. DISCUSSION: History: Section 307.1100 of the Prior Lake City Code presently limits the maximum number. of outdoor concert licenses issued to any person at two (2) one-day concerts within a twelve (12) month time period. It is possible, based upon this language that any specific location in the City could have an outdoor concert license applied for and approved for every day, as long as it is a different person applying for such use. Section 307.100 defines a person as any individual - partnership, association, corporation or other organizational entity. This was not the intent of this safeguard. We are therefore recommending a clarification. Conclusion: Outdoor concerts do generate noise complains and it would be a nuisance for them to occur at a particular location with such frequency. It is reasonable, however, to allow for these to occur no more than twice per calendar year at any given location. FISCAL IMPACT: NONE. ALTERNATIVES: (1) Adopt an Ordinance amending Section 307 of the Prior Lake City Code as recommended or with amendments. (2) Take no actiol'J and direct staff accordingly. RECOMMENDED MOTION: REVIEWED BY: Alternative (1). Motion and Second to adopt an ordinance amending Section 307 of the Prior Lake City Code as proposed. Frank Boyles, City.Manager 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 1:\COUNCIL\AGNRPTS\2002\OUTDOOR COr)l,WOOA~MiPdRe~J1TY EMPLOYER CITY OF PRIOR LAKE ORDINANCE NO. 02-01 AN ORDINANCE AMENDING SECTION 307.1100 OF PRIOR LAKE CITY CODE RELATING TO OUTDOOR CONCERTS The City Council of the City of Prior Lake does hereby ordain: 1. Section 307.1100 of the Prior Lake City Code is hereby amended in its entirety as set forth below: 307.1100: FUTURE CONCERTS. Any person who had previously been licensed pursuant to the provisions of this Section may be denied a license for a subsequent outdoor concert in the event of violations of the provisions of this Section at prior concerts. The maximum number of licenses to be issued to any person or location will be for two (2) one-day concerts within a calendar year. twelve (12) month time period. Any person who had been denied a license by the City Manager based upon prior violations of the S~ction at a previously licensed outdoor concert, may appeal the City Manager's deCision to the City Council. In addition, additional requests by the same person for the issuance of licenses for additional outdoor concerts exceeding the maximum permittep by the Section may be made to the City Council. (Ord. 88-3, 6/20/88). This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this March 18, 2002. ATTEST: City Manager Mayor Published in the Prior Lake American on the 23rd day of March, 2002. r:\ordinanc\02-Ol.doc P~e 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER SUBSECTIONS: 307.100: 307.200: 307.300: 307.400: 307.500: 307.600: 307.700: 307.800: 307.900: 307.1000: 307.1100: 307.1200: 307.100: 307.200: Business Regulations SECTION 307 OUTDOOR CONCERT ORDINANCE DEFINmONS LICENSING ExEMPTIONS TO LICENSING ADomONAL REQUIREMENTS HEARING DECIBEL LEVEL HOURS CLEANUP SECURITY NOTIFICATION TO NEIGHBORS FUTURE CONCERTS PENALTY DEFINmONS: An outdoor concert is any gathering of fifty (50) people or more in one outdoor location to listen to a concert of some type of musical entertainment. A person is an individual, partnership, association, corporation or other organizational entity. (Ord. 88-3,6-20-88) LICENSING: No person shall conduct an outdoor concert or music event without first obtaining a license from the City Manager. The applicant shall make application on a form supplied by the City Manager and furnish the following information to the City thirty (30) days prior to the date of the event: (1 ) The full name, date of birth, address, work and home phone numbers of the person responsible for the sponsorship of the event, if an individual, or of the person who represents any group or entity responsible for the sponsorship of the event. (2) The full name, date of birth, address, work and home phone numbers of the person who represents the musical group involved. (3) (4) (5) The date(s) and time(s) of the event. The number of musicians who will perform at the event. All speakers used to amplify the music supplied are to be set up at ground level. Any deviations from ground level amplification must have prior approval by the City Manager as part of the application process. City of Prior Lake 307/p1 Business Regulations (6) The steps taken to minimize noise and nuisances. (7) The full name, date of birth, address, work and home phone numbers of the sound technician who will operate the sound panel controlling the loudness if the music is to be electrically amplified. (Ord. 92-08, 9-8-88) 307.300: EXEMPTIONS To LICENSING: The licensing requirements of this Section shall not apply to any outdoor religious ceremony or any outdoor concert or music event sponsored by the City or the Prior Lake School District. (Ord. 88-3, 6-20-88) 307.400: ADDITIONAL REQUIREMENTS: 307.401 All applications shall be accompanied by the written consent of the property owner and. tenant of property sought to be used for the concert. No license shall be granted without such consent being filed. All concert activities must be contained on the approved concert site. ~o co~rts or concert activities shall be allowed on ,~ty-owned property or public streetsJOrd. 95-10, 8-7-95) 307.402 All applications shall be accompanied by evidence satisfactory to the City that the City is protected under an insurance policy against all liability or daims which might arise out of the holding of the concert. 307.403 All applications shall be accompanied by a written agreement by the person or persons seeking the license that he, she or they will defend, hold harmless and indemnify the City, its employees, agents and officers against all daims, demands, actions or causes of actions of whatsoever nature or character arising out of or by reason of the conduct of the outdoor concert, which agreement shall also provide for the repair of or payment for damages to public property. (Ord. 88-3, 6-20-88) 307_1 ~~~ ~~\j)~ ~~V 307.500: All applications submitted to the City for approval shall be accompanied by payment of such license fees as determined by the City Council. Outdoor concerts or anized b non rofit organizations, such as reli ious or anizationsor community - associations, may have the lcense waived if rmission is granted by the City Councl . applications submitted to the City for approva s all also accompanied by such deposits as determined by the City Council to cover deanup costs and direct police costs incurred by the City in connection with the concert. Any balance remaining after payment of deanup costs and direct police costs incurred by the City shall be refunded. (Ord. 95-10, 8-7-95) HEARING: In the event the City Manager denies a license to an applicant, the applicant may request a hearing on the application before the City Council. Upon hearing, the City Council may, in its discretion, grant or refuse to grant the issuance of a license subject to such conditions as it may deem necessary and City of Prior Lake 307/p2 307.600: 307.700: 307.800: Business Regulations expedient for the protection of the health, safety and general welfare of the City. (Ord. 88-3, 6-20-88) DECIBEL LEVEL: Outdoor concerts shall not exceed a decibel level of sixty five (65) decibels at a distance of one hundred feet (100') from the concert site. The Prior Lake Police Department shall monitor the decibel level. In the event the maximum decibel level is exceeded, the Prior Lake Police Department shall revoke the license, and the person shall immediately discontinue the concert or music event. (Ord. 88-3, 6-20-88) HOURS: No outdoor concert shall commence before eight o'dock (8:00) a.m. nor continue after eleven thirty o'dock (11 :30) p.m. Sunday through Friday. The eleven-thirty o'dock p.m. deadline for Saturday evening outdoor concerts is extended to twelve-thirty o'dock (12:30) a.m. on Sunday momings. The outdoor concert application should dearly identify the hours requested for the event. (Ord. 92-08, 9-8-92) CLEANUP: All applicants must cleanup the outdoor concert area and the immediate surrounding area as soon as possible after the outdoor concert has conduded. (Cleanup indudes picking up all plastic cups, glasses, plates, napkins, garbage and other incidentals.) (Ord. 92-08, 9-8-92) The City's assigned inspector shall check the outdoor concert area and immediate surrounding area to determine compliance with the deanup requirement. The inspector will advise the City Manager that the deanup requirement has been met or assign a deanup crew. If a cleanup crew is assigned, the cleanup costs incurred by the City in connection with the concert shall be deducted from applicant's deposit. (Ord. 95-10, 8-7-95) 307.900: SECURITY: The applicant shall hire security personnel and shall provide such hired security personnel with proper attire so as to be immediately identified as concert security by all present at the outdoor concert. The number of security personnel shall be determined by the City Manager or his/her assigned representative. (Ord. 92-08, 9-8-92) 307.1000: NOTIFICATION To NEIGHBORS: At least two (2) weeks prior to the scheduled outdoor concert the applicant shall notify, in writing, all residents within five hundred feet (500') of the concert location. the notification shall indude the name of the sponsoring organization, or person, the date, time and hours of the concert and the name of a contact person, induding address and phone numbers, for the neighbors to contact if there are any questions. Failure to notify all residents within City of Prior Lake 307/p3 Business Regulations five hundred feet (500') may be cause for revocation of the license prior to the event. Proof of notification shall be provided to the City upon completion. (Ord. 92- 08, 9-8-92) . 307.1100: FUTURE CONCERTS: Any person who had previously been licensed pursuant to the provisions of this Section may be denied a license for a subsequent outdoor concert in the event of violations of the provisions of this Section at prior concerts. The maximum number of licenses to be issued to any person will be for two (2) one-day concerts within a twelve (12) month time period. Any person who had been denied a license by the City Manager based upon prior violations of the Section at a previously licensed outdoor concert, may appeal the City Manager's decision to the City Council. In addition, additional requests by the same person for the issuance of licenses for additional outdoor concerts exceeding the maximum permitted by the Section may be made to the City Council. (Ord. 88- 3, 6-20-88) 307.1200: PENAL TV: Any person who violates any provision of this Section or who violates any condition or requirement of a license issued pursuant to this Section shall be informed that they must immediately discontinue the concert and .the license shall be revoked. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than seven hundred dollars ($700.00) and/or imprisonment in the County jail for not more than ninety (90) days, plus the costs of prosecution in either case. (Ord. 88-3, 6-20-88) city of Prior Lake 307/p4 a'~h: c..... 1 . 4.:1 Vt '.w/ .l.#/J/w~'..W ,Iataaty Process and Timeline for Fillina Vacancy Process 1. Place Advertisement in Prior Lake American soliciting candidates. Timeline Articles appeared in 3/9/02 & 3/16/02 editions; Notice of vacancy in 3/16/02 & 3/23/02 editions 2. Distribute Applications as requested, together with questions. 3/9/02 - 3/28/02 3. Application Deadline March 29, 2002 4. Contact candidates to advise of televised special meeting interviews. April 2, 2002 5. Draft City Council interview questions for special meeting. distribute with April 5th Update to Council members 6. Hold Special Meeting for candidate presentations & interviews April 9th early afternoon or evening 7. Discuss candidates and make appointment at regular meeting. April 15th City Council meeting 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER