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1 ORDINANCE NO. 1t49
2 AN ORDINANCE of the City of Kent, Washington,
relating to, regulating and licensing outdoor
3 musical entertainments, amusements, and assemblies.;
establishing licensing procedures therefor; and
4 prescribing offenses and penalties.
5 WHEREAS, it appears necessary for the. protection, health
6 and welfare of the Citizens of the City of Kent in regard to.
7 outdoor musical entertainments, amusements and assemblies (herein -
8 after referred to as assemblies) catering to the general public,
9 that certain rules and regulations be established; and
10 WHEREAS, there is a danger to the people attending or tak-
11 ing part in the gathering if proper sanitary, police and other
12 health .and safety measures are not adequately provided for, the
13 Kent City Council hereby finds and declares that it is necessary
14 to pass under the police power of the City of Kent, an Ordinance
15 to regulate and license the holding.of such outdoor musical
16 assemblies.
17 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
18 WASHINGTON, DO ORDAIN AS FOLLOWS:
18 Section 1. Basic Clause - License Required. It shall be.
20 unlawful for any person, persons, corporation, organization,
21 landowner, or lessor to allow, encourage, organize, promote,
22 conduct, permit or cause to be advertised an entertainment,
23 amusement, or assembly of persons wherein the primary purpose will
24 be the. presentation of outdoor, live or recorded musical entertain -
25 ment which said person, persons, or corporation, organization,,
26 landowner or lessor believes or has reason to believe will attract
27 250 or more persons and where a charge or contribution is required
28 for admission unless a valid City of Kent permit has been obtained
29 for the operation of said assembly. Provided, however, that said
30 assembly may be advertised by. the sponsors and/or organizers there -
31 of after application for such permit has been made.
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I Section 2. Application - Permit. Written application
2 for outdoor musical amusements, entertainments or assembly permits
3 shall be made to the City Clerk of the City of Kent forty, (40)
4 days or more prior to the date upon which such assembly is
5 scheduled to be held. Written notice of approval or disapproval
6 of said application shall be given to the applicants no later
7 than fifteen (15) days after the application has been filed.
8 Permits shall not be denied providing the conditions enumerating
9 in Section 5 of this Ordinance are met by the applicant.
10 Provided, that no permit may be granted to anyone who has been
11 convicted of a felony or a crime involving moral turpitude.
i2 Provided, further, that each application shall be :accompanied by
13 the fingerprints and a 3" x 5" photograph to each and every per -
14 son having any proprietary interest .in said licensed activity.
15 The City -Clerk shall be empowered to obtain adequate photographs
16 of all persons having any proprietary interest..
17 Sec i'oft 3. Fee. Th.e basic fee required shall be. One
18 Hundred Dollars ($100.00) for each event. No permit shall be:
19 granted for a period of more than one (1) day expiring at mid -
20 night of that day and no permit shall be granted for consecutive
21 days at the same location. Said basic permit fee shall be retain -
22 ed by. the City of Kent whether a permit be granted, denied or
23 withdrawn.
24 Section 4. Submission of Plans for Approval - Approving
25 Agencies. Whenever approval by a governmental agency other than
26 the City of Kent is required hereunder,. the applicant for such
27 approval shall be required to cooperate fully with .such agencies
28 to insure'.that full review of the proposals may be accomplished
29 by the agencies within the fifteen (15) day time limit set out
30 in Section 2 above. When any type of physical facility is
31 required or subject to approval hereunder, preliminary approval
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I may be granted based upon specific plans proposed and submitted
2 by the applicant. All such facilities shall be :in existence five
3 (5.) or more days before the event for which an application is
4 ;submitted and shall be subject to inspection by the approving
5 :iagencies or departments. Should the actual facility or construc
6 .!tion fail to meet with the standards approved in the proposed plans,
7 such preliminary approval may be withdrawn and any and all permits
8 granted subject to such approval may be withdrawn.
9 Section 5. Conditions: Condition #1: Location.
10 No permit for an outdoor musical assembly shall be granted unless
11 said.assembly is to be held in those areas of the. City of Kent
12 which have been zoned for parks and recreational purposes, provid-
13 ed, however, that a permit may be granted for other areas if a
14 .zoning variance has been granted in advance by the City Council of
15 th.e. City of Kent for such location.
16 Condition #2: Sanitary Facilities. No permit shall be
17 granted unless the applicants obtain the written approval of the
18 Health Officer of the. .City of Kent,: indicating that the. .applicants',
19 for said permit have complied with the health requirements of
20 'the .City of Kent for like or similar facilities. Said approval
21 shall indicate :the type and adequacy of water supply to be provided,
22 the: type and adequacy of toilet, waste collection and washing
23 facilities to be provided, and if there is to be .food served on
24 the premises, the type and adequacy of food preparation and food
25 service facilities to be provided.
26 Condition #3: Fire`Prevention'standards No permit
27 'shall be granted hereunder unless the applicant has shown the
28 Fire Chief. of the City of Kent has approved fire protection devices
29 !and equipment available at such .assembly. Fire prevention standards
30 'shall be as set out in the: 'Ordinances of the City of Kent relating
31 to fire protection and standards of said City of Kent.
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I Condition #4: Cush Bond and Indemnification. No permit
2 'shall be
issued
hereunder unless
the
applicant
has on
deposit with
3 the City
of Kent
a cash bond in
the
amount as
set.out
below to save
4 and protect
the
streets,
pavements, bridges.,
road signs and other
5 property in
the
City of
Kent from any and all
damage that may be
6 caused by vehicles, employees, or participants in such outdoor
7 musical assembly and to be used, if necessary, to.restore the
8 ground where such assembly is held to a sanitary condition and pay
8 all charges and losses of the City for damages to the .streets,
10 pavements, bridges and other property. Further, any extraordinary
11 law enforcement costs incurred by: the City of Kent which are the.
12 result of said activity shall be met by said cash bond. The amount
13 of such cash bond shall be: determined as follows:
14 For gatherings of 0 to 10,000 persons, a $5,000.00 cash
bond;
15 For gatherings of 10,000 to 20,000 persons, a cash bond
of $7,5.00..00;
18 For gatherings of 20,.0.00. to 30,0,00.persons,.a cash bond
of $10,00.0;
17 And a cash bond shall be raised in increments. of $2,500.00
for each additional 10,000 persons expected.
16 wNe V
18 / �
The deposit or its balance to be returned wd+h .the City. Clerk a�•U` /
,,,,,-'*the City.of Kent certifies to the Kent City. Treasurer that no
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(damage has been done or that the cost of making the above mentioned
21
repairs was less than the cash bond amount and that the balance
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.;.thereof should be -returned. Further, the :sponsors shall be: requir-
23
ed to furnish evidence of a liability insurance policy providing for
24
a minimum of $100,000.00. bodily injury coverage .per person;
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26 $300,.000.00 bodily injury coverage per occurrence and $100,000.00.
'property damage covering, naming the City of Kent as an additional
27
Insured.
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Condition' #'5:Public Safety.. No permit shall be granted
28
30 hereunder unless the applicant obtained the written approval of
the Kent Police Department indicating that the .following conditions
31
32 have been complied with by the applicant. That adequate traffic
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I control and crowd protection policing have been contracted for or
2 otherwise provided by the applicant. That traffic control and crowd
3 control personnel shall be licensed merchant patrolmen or named
4 persons meeting the Police Department's requirements for becoming
5 'patrolmen. That there .shall be '.provided one traffic control
6 person for each 400. persons expected or reasonably to be expected
7 to be in attendance at any time :during the event. Further, .that
8 there :shall be provided one .crowd control person for each :400per-
8 sons expected or reasonably expected to be in attandance .at any
10 time during the event. Provided, that if at any time during said
11 event.the size of the crowd exceeds by twenty percent (2.0.%) the:
12 number of persons represented by the sponsors to be expected to
13 be in attendance the Kent Police Department shall have :the dis
14 cretion to require the sponsor to limit further admissions. Any
15 person with more than a ten percent (1.0%) proprietary interest .in
16 said event shall be required to be in attendance .at said activity
17 and shall be responsible for insuring that no person shall be
18 ,allowed to remain on the premises if said person is violating State
18 '.or City Laws Any such person having a duty to remove law
20 violators who wilfully fail to do so shall be deemed to be. an
21 aider or abettor of such violation.
22 Condition #6 Parking Facilities Application for a
23 permit hereunder shall be accompanied by a scale drawing showing
24 'adequate parking facilities have been made available within or
25 adjacent to the location for which the permit is requested. Such
26� �
parking facilities shall provide parking space for vehicle for
27 every four persons expected or reasonably: to be expected. Adequate
28
ingress and egress shall be
provided to or
from such parking
area
29
to facilitate the mov ement
of any vehicle
at any time :to or
from
30 the parking area. Provided, that if any non -adjacent parking
31 facilities beiapproved, busses shall be used to transport the
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I public to said event on a no -charge basis.
2 Section 6. Hours of. Operation. No outdoor musical
3 'assembly shall be conducted in the City Limits of the. City of Kent'
4 during the hours of 12:01 A.M. and 9:00 A.M. Provided that no
5 license shall be issued for more than one 24-hour period ending
6 at midnight. The participants shall be required to -have -cleared
7 the licensed area and its immediate environs no later than 1:00
8 A.M. of the day following the licensed event.
8 Section 7. Penalties: Any person who shall violate
10 or fail to comply with .any provision of this Ordinance, who shall,
11 having obtained a permit hereunder, wilfully fail to continue to
12 comply with the. terms and conditions hereunder, or who shall
13 counsel, aid or abet such a violation or failure to comply, shall
14 be deemed guilty of a misdemeanor.
15
Section 8. Failure to Comply. Compliance with .the .
16
terms and conditions of this Ordinance .shall constitute the
17
minimum health, sanitation andsafety provisions and failure to
16
comply with the terms and conditions shall constitute a public
18
nuisanceand the sponsors of said .event shall be subject to. all
20
'criminal and civil remedies as such.
21
Section 9. Sever.abi.lity. If any -provision of this
22 Ordinance, or its application to any person or circumstances is
23
'.held invalid, the remainder of this Ordinance, or the. application
24
of the provision to other persons or circumstances is not affected.
25
Section 10. This Ordinance shall take effect and be
26
in force five (5) days from and after its passage,..approval and
27
28 'publication as provided by law.
28
30 ALE THORN.TON, MAYOR
Attest:
31
32 MARIE JEN City Clerk
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1
Approved
as to fo
2
JOHN B.
EREITER, City Attorney
3
PASSED. the`
7 day of November, 1969.
4
APPROVED.
the _day of November, .1969.
5
PUBLISHED
the day of November,.1969.
6
I
hereby certify that this is a true copy of
Ordinance
7
No.jt5,2
, passed by the City Council of the City. of
Kent and
appi!oved
by the Mayor of the City.of Kent as hereon
indic ated.
8-
%�
(SEAL)
8
MARIE SEN, City Clerk
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