ARTICLE VI


PLACES OF PUBLIC AMUSEMENT


SEC.

12-030.00 Definitions


    As used in this Article, the following terms shall mean as indicated below:

     License: The license required by the provisions of this Article.

     Licensee: A person holding a license required by the provisions of this Article.

     Places Of Public Amusement: This term shall include the following:

        (1)         Amusement park, which shall mean any place commonly known as an amusement park, amusement ground or amusement center where swimming, dancing, games, exhibits or shows are carried on, conducted or allowed whether an admission fee is charged or not; provided that beer, wine or liquor is not sold, kept, provided or given away in connection with such amusement park.


        (2)         Circus show, which shall mean and include all sideshows, circuses, traveling shows, animal shows, traveling carnivals, traveling or moving tent shows, exhibitions, temporary theaters or itinerant playhouses, excepting, however, motion picture theaters, playhouses being operated in a permanent structure, or the annual Parish Fair.

        (3)         Dance hall, which shall be any place wherein dances are given, operated, conducted or permitted as a business enterprise, occupation or amusement whether or not music is provided by paid or amateur performers or by pre recorded means. It shall not mean dances conducted by any nonprofit or charitable organization; provided that the net profit from any dance does not accrue to the private profit of any person.

        (4)         Music festivals, which shall mean and include any outdoor festival, carnival, dance or like musical activity, whether or not music is provided by paid or amateur performers or by prerecorded means, which is of a periodic nature and to which members of the public are admitted for a charge, whether or not said charge is directly or indirectly made.

        (5)         Public swimming pool, which shall mean a swimming pool to which members of the public are admitted for a charge, whether or not said charge is made directly or indirectly. The term shall not mean those swimming pools constructed on the business premises of motels, which pools serve exclusively the registered guests of said motel, or swimming pools operated by or for any municipality or recreation district. (Ord. No. 628, Bk. 7, P. 537)

CROSS REFERENCE: Sec. 16-002.00 (a) of this Code.

SEC.

12-030.01 Hours Of Operation


    All public amusements which are subject to license under this Article shall close and cease operation continuously between the hours of 1:00 a.m. and 6:00 a.m. of each day. (Ord. No. 628, Bk. 7, P. 537)

SEC.

12-030.02 License Required


    Any person wishing to operate, maintain or conduct a place of public amusement shall first obtain a license to do so. No license shall be issued, however, until all conditions required have been met and fulfilled. (Ord. No. 628, Bk. 7, P. 537)

SEC.

12-030.03 License Application


    Any person desiring to operate or conduct a place of public amusement shall file a written application (consisting of an original and five (5) copies) with the Police Jury, which shall contain the following facts and information:

        (1)    The name, age, residence and mailing address of the person making said application. If the application is made by a partnership the names and addresses of the partners must appear. Where the applicant is a corporation, the application must be signed by the President, Vice-President and Secretary thereof and must contain the address of said corporate officers; and a certified copy of the Articles of Incorporation shall be submitted with the application.


        (2)    A statement of the kind, character or type of place of public amusement, which the applicant proposes to conduct, operate or carry on.

        (3)    The addresses or legal description of the place or premises where the proposed public amusement is to be conducted, operated or carried on, to include the following:

                 (1)     The applicant must submit proof of ownership of the place where the public amusement is to be conducted or a statement signed by the owner of the premises indicating his consent that the site be used for the proposed amusement.

                 (2)     The applicant must submit statement from the Parish Department of Development, verifying that location of said public amusement is in compliance with the requirements as set forth in St. Tammany Parish Zoning Ordinance No. 523, Appendix C.

        (4)    The number of days for which the license is sought.

        (5)    An estimate of the number of customers, spectators, participants and other persons expected to attend the public amusement for each day it is conducted. (Ord. No. 628, Bk. 7, P. 537; Ord. No. 86-660, adopted 07/17/86)

SEC.

12-030.04 License Filing Fee


     The Clerk of Court shall collect from the license applicant a filing fee of Twenty-Five Dollars ($25.00) which shall be non-refundable. (Ord. No. 628, Bk. 7, P. 537; Ord. No. 86- 628, 06/19/86)

SEC.

12-030.05 Transmission Of Application; Hearing


            (1) Upon receipt of the license application, the Clerk of Court shall file the original application and distribute one copy thereof to the Sheriff, the Parish Health Officer, the Director of the Department of Public Works, and the District Attorney. These Parish Department heads shall thereupon cause an investigation of the application.

            (2) The Secretary of the Police Jury shall set the matter for public hearing at a regular meeting of the Jury, which shall be not later than sixty (60) days from the date of the filing of the application. Ten (10) days written notice of the date of such hearing shall be given to the applicant and to the Parish Departments receiving a copy of the application.

            (3) The Police Jury shall, based upon the reports of the interested Parish Departments and on the testimony of witnesses and evidence presented at said hearing, grant the application, deny the application, or set conditions which must be met before a license may be granted.

            (4) Where conditions are imposed pertaining to Section 12-030.14 of this Code, the parish clerk must certify to the Tax Collector that all conditions have been met before a license may be issued. The clerk shall require written notice from Parish Departments charged with responsibility under said Section, that conditions have been met before issuing its certification.

            (5) When the Clerk of Court certifies that conditions have been met, the Tax Collector shall immediately issue a license specifying the name and address of the licensee, the

premises licensed and the number of days operation authorized. (Ord. No. 628, Bk. 7, P. 537)

SEC.

12-030.06 Grounds For Denial Of License; Notice


    After holding the required public hearing, the Police Jury may deny issuance of a license if it finds any of the following:

        (1)    That the applicant fails to meet the conditions imposed in this Article.

        (2)    That the proposed public amusement will be conducted in a manner and/or location not meeting the health or safety standards established by the Ordinances of the Parish or the laws of the State.

        (3)    That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license, or in any other document required by this Article.

        (4)    That the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager, has previously conducted the type of public amusement being applied for which resulted in the creation of a public or private nuisance.

        (5)    That the applicant, his employee, agent or any person associated with applicant as partner, director, officer, stockholder, associate or manager has been convicted in a court of competent jurisdiction, by final judgment of:

                (1)    An offense involving the presentation, exhibition, or performance of an obscene production, motion picture or play; or of selling obscene matter; or
                (2)    An offense involving lewd conduct; or
                (3)    An offense involving the use of force and violence upon the person of another; or
                (4)    An offense involving misconduct with children.

     Where the application is denied, the Secretary of the Police Jury shall mail to the applicant written notice of denial within fourteen (14) days of said action, which notice shall include a statement of the reasons the application was denied. (Ord. No. 628, Bk. 7, P. 537)

SEC.

12-030.07 License Fee


    (1) A person desiring a license shall pay the appropriate fee indicated below:

        (1)    For a dance hall, the sum of One Hundred Dollars ($100.00) per year, payable in four (4) equal quarterly installments in advance.

        (2)    For an amusement park, the sum of One Hundred Dollars ($100.00) per year, payable in four (4) equal quarterly installments in advance.

        (3)    For a public swimming pool, the sum of Twenty-Five Dollars ($25.00) per year, payable in four (4) quarterly installments in advance.

        (4)    For a circus show, the sum of Two Thousand Four Hundred Dollars ($2,400.00) per year, payable in four (4) equal quarterly installments in advance; provided, however, that a license may be issued on a daily basis, a fee for which is hereby set at Fifty Dollars ($50.00) per day of operation.


    
        (5)    For a music festival, the sum of Four Thousand Eight Hundred Dollars ($4,800.00) per year, payable in four (4) equal quarterly installments in advance; provided, however, a license may be issued on a daily basis, a fee for which is hereby set at One Hundred Dollars ($100.00) per day of operation.

        (6)    A neighborhood or community benefit organization, organized for charitable or religious purposes, shall be exempt from paying the license fee provided in this Section; provided net proceeds from such activity does not accrue to benefit any private person.(Ord. No. 628, Bk. 7, P. 537)

SEC.

12-030.08 License Term And Renewal


    A license authorizes the conduct of a public amusement for a maximum of three hundred sixty-five (356) days and shall be thereafter renewed. A license may be renewed upon the same terms, conditions and pursuant to the same procedures required herein for the issuance of an initial license. (Ord. No. 628, Bk. 7, P. 537)

SEC.

12-030.09 Posting Of License


    A licensee shall keep his license posted in a conspicuous place upon the premises at which the public amusement is conducted. (Ord. No. 628, Bk. 7, P. 537)

SEC.

12-030.10 Grounds For Revocation Of License


    The Police Jury shall have the power to revoke any license, or to revoke and reinstate any license upon suitable conditions, when the following causes exist:

        (1)        The licensee fails, neglects or refuses to pay to the Tax Collector the fee prescribed by this Article.

        (2)        The licensee, his employee or agent, fails, neglects or refuses to fulfill any or all of the conditions imposed with reference to this Article.

        (3)        The public amusement violates any law or regulations established by the Ordinances of the Parish or the laws of the State.

        (4)        The licensee allows the public amusement to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the meeting while under the influence of intoxicating liquor, or any narcotic or dangerous drug.

        (5)        The licensee, his employee or agent, is convicted of any of the offenses enumerated under Section 12-030.14 of this Code. (Ord. No. 628, Bk. 7, P. 537)

SEC.

12-030.11 Revocation Complaints


    Any person may file a complaint with the Secretary of the Police Jury or may petition the Police Jury to conduct a hearing concerning the revocation of the license of any licensee. The Secretary of the Police Jury shall give notice of the petition for hearing in accordance with the provisions of this Article. (Ord. No. 628, Bk. 7, P. 537)

SEC.

12-030.12 Notice Of Intent To Revoke; Hearing



    Notice of intent to revoke any license shall be given and the licensee shall be entitled to a hearing. The Secretary of the Police Jury shall give notice, setting forth the causes for revo cation and shall state the time and place at which the matter of revocation will be heard before the Police Jury. Said notice shall be mailed no later than ten (10) days prior to the date set for hearing. The Police Jury shall hear all interested parties and may revoke a license only for one or more causes enumerated by Section 12-030.14 hereof. (Ord. No. 628, Bk. 7, P. 537)

SEC.

12-030.13 License Conditions


    (1)     At the hearing required under Section 12-030.14 hereof, the Police Jury may establish conditions which must be met prior to the issuance of any license under this Article, except that the Police Jury may take a matter under submission before determining which conditions shall be imposed. Where the Jury takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license must be mailed to the applicant within fifteen (15) days of the original hearing.

    (2)     The conditions which may be imposed by the Police Jury regarding the Parish's general police power for the protection of health, safety and property of local residents and persons attending such public amusements in the Parish, are as follows:

        (1)          Police Protection: Every licensee shall employ at his own expense at least one private patrolman or guard, approved by the Sheriff whose duty shall be the preservation of order and protection of property in and around the place of public amusement.

                In the case of public amusements expected to attract large numbers of persons, provision for additional private patrolmen and security guards may be required. One patrolman or security guard for every three hundred (300) persons expected to be in attendance may be required.

                Said patrolmen may be required to be licensed and to be in attendance, wearing uniforms, at all times the public amusement is in operation. Where the Sheriff authorizes the employment of off-duty peace officers to meet the requirements of this Article, said peace officers shall be under the direction and control of the Sheriff. The Sheriff must be satisfied that the requisite number of private patrolmen or guards will be provided at all times of operation, before a license is issued. Submittal by the applicant of a written agreement between said applicant and a licensed private patrol agency may be required.

        (2)     Water Facilities: Every licensee shall provide an ample supply of water for drinking and sanitation purposes on the premises of the public amusement. Quality and quantity of water and location of facilities must be approved by the Parish Health Officer prior to the issuance of a license.

                In the case of outdoor public amusements, a supply of ten (10) gallons of water for each person expected to be in attendance may be required. All water shall meet U.S. Public Health Service Standards. Public and/or private lavatories and drinking facilities may be required. Drainage and sewage systems relating

to such facilities shall be adequate to the satisfaction of the Parish Health Officer and shall be subject to his prior approval.

        (3)     Food Concessions: In case of public amusements proposed to be held in areas located a substantial distance from markets, restaurants or like eating es tablishments, applicant may be required to demonstrate that food will be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance. Concessionaires must be licensed pursuant to local regulation and State laws. Quality and quantity of food and location of concessions must be approved by the Parish Health Officer prior to the issuance of any license.

        (4)     Sanitation Facilities: Every licensee shall provide at least one closed toilet facility marked "MEN" and one such facility marked "WOMEN" on the premises of a public amusement. If large crowds are expected, a toilet for each forty (40) males and for each forty (40) females expected to be in attendance may be required.

                    Chemical toilets must be emptied at licensee's expense as necessary and according to procedures established by the Parish Health Officer.

                    Every licensee shall be required to furnish at least one trash can with thirty- two (32) gallons capacity for every twenty-five (25) persons expected to be in attendance. Proof that the requisite quantity of trash and refuse receptacles will be available must be made to the Parish Health Officer. Trash and refuse shall be emptied at licensee's expense as necessary and pursuant to procedures established by the Parish Health Officer.

        (5)     Medical Facilities. Where a proposed public amusement is expected to attract large numbers of persons and is planned for a site which is located a substantial distance from existing medical treatment facilities, the applicant may be required to provide emergency medical treatment facilities on the premises of the public amusements. The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aids needed to staff said facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site, must be approved by the Parish Health Officer prior to the issuance of any license under this Article.

                    The Parish Health Officer shall calculate the need for medical service, based on the number of person expected to attend a public amusement, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements.
    
        (6)     Parking Areas. Persons desiring to operate or conduct public amusements may be called upon to provide a separate parking space for every two (2) persons ex pected to attend the public amusement by motor vehicle. Such individual parking spaces shall be clearly marked and shall be not less than nine (9) feet wide and twenty (20) feet long.

                    The Sheriff or his designated agent must approve an applicant's "parking plan" before a license shall be issued.


        (7)     Access And Parking Control. Every licensee shall provide adequate entrance and exit to his public amusement premises and parking areas therefor. Necessary roads, driveways and entrance ways shall exist to insure orderly flow of traffic into the premises from a highway or road which is a part of the Parish system of highways or which is a highway maintained by the State. The Sheriff must approve the licensee's plan for entrance and exit before a license shall be issued.

                Additionally, any applicant may be required to show that traffic guards are under his employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the public amusement area.

        (8)     Illumination. Every licensee planning to conduct a public amusement after dark, or planning to allow persons who attend the public amusement to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied are lighted at all times. The Sheriff or his designated agent must approve an applicant's lighting plan as a prerequisite to issuance of a license hereunder.

                A licensee may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:
                                                                                 Footcandles
                Open area reserved for spectators
    5 to 10

                State areas
    75 to 100

                Parking and overnight areas
    1 to 5

                Restroom and concession areas
    20 to 50

        (9)     Overnight Camping Facilities. Every licensee authorized to allow persons who attend the public amusement to remain on the premises overnight shall provide camping facilities and overnight areas. Such areas and facilities must be approved by the Parish Health Officer and Department of Permits and Inspections prior to the issuance of any license.

                (10) Bonds. Any licensee may be called upon to post an indemnity bond and/or a performance bond in favor of the Parish in connection with the operation of a public amusement. Bonds required by this Article must be approved by the District Attorney prior to issuance of a license.

                    An applicant may be required to submit a surety bond written by a corporate bonding company authorized to do business in the State by the Department of Insurance, in an amount determined by the Police Jury. Said bond shall indemnify the Parish, its agents, officers, servants, employees and the Police Jury against any and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with, said public amusement and shall indemnify against loss, injury and damage to both person and property.     

                    Additionally, the Parish may demand that applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the State, indemnifying the Parish and the owners of property adjoining the public amusement site for any costs necessitated for cleaning up and/or

removing debris, trash, or other waste from, in and around the premises. Said bond shall be in an amount determined by the Police Jury.

        (11)     Miscellaneous. Any applicant may be required to meet any other condition prior to receiving a license to conduct a public amusement which is reasonably calculated as necessary to protect the health, welfare and property of local residents and persons attending a public amusement. (Ord. No. 628, Bk. 7, P. 537)

SEC.

12-030.14 Violations; Remedies Of Parish


    It shall be unlawful for any person acting alone or in concert with another person to do any other following:
        (1)         Operate a public amusement, as herein defined, without first procuring license to do so.

        (2)         Advertise, or otherwise publicly announce, that a public amusement will be held in the Parish without a license first having been received for the conduct thereof.

        (3)         Provide entertainment at a public amusement whether or not compensation is paid for the performance of said entertainment, with the knowledge that a license has not been obtained.

        (4)         Operate, conduct or carry on any public amusement in such a manner as to create a public or private nuisance.

        (5)         Exhibit, show or conduct within said place of public amusement any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what names designated.

    Any of the above enumerated violations shall constitute a criminal act and shall be punishable pursuant to Ordinances of the Parish and the laws of the State. It is provided however, that the Parish retains any and all civil remedies, including the right of civil injunction for the prevention of said violations and for the recovery of money damage therefor. (Ord. No. 628, Bk. 7, P. 537)

SECS. 12-030.15 - 12-036.99 Reserved.