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Home My WebLink AboutOrdinances - MC-07-918 - 07/09/2007 - UPDATE AND REVISE MC CH 5Ordinance No MC-07- 918 An Ordinance providing for updates to Chapter 5 of the City of McHenry Municipal Code BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as follows: SECTION 1: That Chapter 5 Amusements of the City of McHenry Municipal Code is hereby repealed and replaced with the following: AMUSEMENTS Sec. 5-1. Application of provisions. The provisions of this Chapter, except as to licensing and fees, shall apply to all public shows, theatricals, circuses and other amusements in the municipality, whether specifically licensed in another provision of this Code, or not. Sec. 5-2. License required. It shall be unlawful to conduct or operate any amusement which is open to the public, and for admission to which a fee is charged, without having first secured a license therefore; provided that the provisions of this Section shall not be held to apply to those amusements which are specifically licensed by any other provision of this Code or by any other ordinance of the City. Sec. 5-3. License applications. Applications for licenses as provided herein shall be made to the City Clerk as in other cases of application for licenses and permits, and all applicants shall conform with the general provisions set forth in Chapter 12. Sec. 5-4. License fees. The following fees shall be prerequisites for securing licenses under this Chapter: Athletic exhibitions for profit Billiard and pool halls Carnivals Circuses Exhibitions Motion pictures and theatricals Public dance halls Skating rinks Bowling alleys (MC-92-584) $ 25.00 per day $ 5.00 per table -annual fee $100.00 per day $ 25.00 per day $ 5.00 per day $ 80.00 annual fee $ 50.00 annual fee $ 50.00 annual fee $ 5.00 per ally/annual fee Sec. 5-5. Minors prohibited if alcohol sold. Minors, under the age of 19 years, shall under no circumstances frequent, loiter, go, or remain in that portion of the premises of any billiard hall, pool hall, skating rink, public dance hall or other place of amusement in which alcoholic beverages for consumption on the premises, are sold. See. 5-7. General safety. (a) No place of amusement, exhibition hall, public dance hall, skating rink or any similar building or enclosure, operated either permanently or temporarily, shall be permitted to operate unless each such building or enclosure fully complies with all State and City requirements for the safety of the general public. (b) It shall be unlawful to obstruct or permit the obstruction of aisles, corridors, or exits leading from such building or enclosure. (c) Exit directions in all buildings or structures shall illuminated in letters at least six inches high over every door or opening, and shall meet with the approval of the Community Development Department. (d) It shall be the duty of the Community Development Department enforce the provisions of this Section. See. 5-8, Additional Requirements for Carnivals and Circuses (MC-07-908) (a) Definitions. For the purposes of this Chapter, terms shall have the following meaning: Carnival. A traveling amusement show usually including rides, sideshows and games of skill. Circus. A traveling company consisting typically of a variety of performances by acrobats, clowns, and trained animals. (b) Permit R uired. A building permit is required for a carnival or circus, as defined herein. Such permit shall not be issued without first obtaining approval by the City Council with any conditions attached as the City Council deems appropriate to protect the health, safety and welfare of the public. (c) Application. Not less than 45 calendar days before the carnival or circus, a building permit application shall be submitted to the Community Development Department, which shall include: 1. A site plan showing the layout of the event, including rides, tents, trailers, overnight quarters for security personnel (if applicable), and all wires, lines, cables, etc. 2. Certificate of insurance for a minimum $2,000,000 general liability, including bodily injury, property damage and motor vehicle liability, naming the City as an additional insured. A letter from the insurer stating there are no outstanding claims against the policy. 3. The filing fee, which is $50 for each day the event will run. Said fee may be waived for City -based not -for -profit organizations that submit a copy of their certificate of incorporation. 4. A letter of consent from the property owner if the event will be held on private property or a letter to the City Council requesting the use of public property. 5. Information on all proposed signs for the event, including number, size and location. 6. Copy of the McHenry County temporary food service permit, if applicable. (d). Other Limitations. 1. The carnival or circus shall not exceed 10 days. 2. The carnival or circus shall not be located in or directly adjacent to any developed residential area, with the exception that it may be on a church, school or public park property even if located next to residential property. 3. The event must be operated or sponsored by a not -for -profit organization based in the City. 4. No private property location may host more than one carnival or circus per year. 5. No employee, agent or other representative of the carnival/circus may live, sleep or otherwise remain overnight on the premises of the carnival. Persons providing security on the site may receive an exemption from this requirement, upon approval by the City Council. 6. All carnivaVcircus workers must keep government issued photo identification on their person at all times during the public event. The government issued identification must be presented at any time to an officer of the City upon request. 7. Only those carnival/circus employees who have completed a background check through the McHenry Police Department will be permitted to work on the premises. The background check is valid for the calendar year in which it is conducted and is subject to review after the initial approval. No person will be allowed to work the event if he/she: ➢ Is a registered child sex offender; or ➢ Has been convicted of a felony in the past five years; or ➢ Has been convicted of any other crime involving moral turpitude or violence; or ➢ Is identified as a known gang member in the Illinois State Police LEADS system. ➢ Is deemed unfit for any reason by the City of McHenry Police Department. (e) Additional Submittals. 1. Copy of an Illinois Department of Labor amusement ride permit. 2. List of employees who will work on the premises of the carnival/circus including their legal name, date of birth, home address and social security number. 3. All registered employees shall submit their fingerprints along with a completed police background authorization form. The fee for this service shall be $500 plus $50 for each employee. Volunteers for local not -for -profit organizations shall be exempt from fingerprinting. 4. Signed waivers of liability for all employees who will work on the premises of the carnival/circus. 5. Completed City carnival operator questionnaire, if required by City. (f) Inspections. Any City official shall have free access to the carnival/circus grounds and all booths, shows and concessions at all times to ensure compliance with City, county and state ordinances and regulations. (g) Revocation. The City may revoke a permit or carnival worker permit at any time and demand immediate cessation of the carnival/circus when it is found to be in violation of City, county or state ordinances and regulations or when public safety is endangered. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and Approved this _9TH day of JULY , 2007. Voting Aye: SANTI, GLAB, SCHAEFER, WIMMER, PETERSON, CONDON Voting Nay: NONE Not Voting: NONE Absent: MURGATROYD Abstain: NONE APPROVED: Z - — - '11�f -- ayor (SEAL) ATTEST:_ City er