Terms used in this chapter mean as follows:
Attendant: Any person who obtains admission to an outdoor assembly by the payment of money or by the rendering of services in lieu of the payment of money for admission
Garage sale: A sale of used household effects and personal property, appliances, clothing, china, glassware, tools, toys, garden implements, recreation equipment and other such items by a person from a person's residence by means of display of such items in the yard, garage, patio, parking area or other like place in, around or near such residence. "Garage sale" also means an estate sale and/or auction conducted at or around a residence or in a residential subdivision. "Garage sale" shall not mean the sale of a single automobile by means of a "For Sale" sign in the window of such vehicle parked at or near the residence. {Ord. 340; 7-12-12}
Licensee: Any person to whom a license is issued pursuant to this chapter.
Outdoor Assembly: Hereinafter referred to as "assembly" means any event, attended by more than three hundred (300) persons attendant, all or any part of which includes a theatrical exhibition, public show, display, entertainment, amusement or other exhibition, including, but not limited to musical festivals, rock festivals, peace festivals, or similar gatherings, but does not mean:
1. An event which is conducted or sponsored by a governmental unit or agency or publicly owned land or property; or
2. An event which is conducted or sponsored by any entity qualifying for tax exempt status under Section 501 (c) (3) of the Internal Revenue Code of 1954, being 26 U.S.C. Section 501 (c) (3), as incorporated by reference in Section 201 of the Michigan Income Tax Act of 1967, Act 281 of the Public Acts of 1967, being Section 206.201 of the Compiled Laws of 1948; or
3. An event held entirely within the confines of a permanently enclosed and covered structure.
Salesmen’s or free samples: Items which were packaged and designed to introduce products to consumers and which were distributed by salesmen or otherwise without charge. {Ord. 340; 7-20-12}
Sponsor: Any person who organizes, promotes, conducts, or causes to be conducted an outdoor assembly.
Wholesale: Sales in bulk or individually to dealers or persons who intend to resell such items. {Ord. 340; 7-20-12}
35.02 LICENSE REQUIRED
A person shall not sponsor, operate, maintain, conduct or promote an outdoor assembly in the Village of Beverly Hills unless he shall have first made application for, and obtained as hereinafter prescribed, a license for each such assembly.
35.03 APPLICATION FOR LICENSE
Application for a license to conduct an outdoor assembly must be made in writing on such forms and in such manner as prescribed by the village Clerk and shall be made at least sixty (60) days prior to date of the proposed assembly. Each application shall be accompanied by a non refundable fee of One Hundred Dollars ($100.00) and shall include at least the following:
1. The name, age residence and mailing address of the person making the application. Where the person making the application is a partnership, corporation or other association, this information shall be provided for all partners, officers and directors or members. Where the person is a corporation, a copy of the articles of incorporation shall be filed, and the names and addresses shall be provided of all shareholders having financial interest greater than Five Hundred Dollars ($500.00).
2. A statement of the kind, character, and type of proposed assembly.
3. The address, legal description and proof of ownership of the site at which the proposed assembly is to be conducted. Where ownership is not vested in the prospective licensee, he shall submit an affidavit from the owner indicating his consent to the use of the site for the proposed assembly.
4. The date or dates and hours during which the proposed assembly is to be conducted.
5. An estimate of the maximum number of persons attendant expected at the assembly for each day it is conducted and a detailed explanation of the evidence of admission which will be used and of the sequential number of other method which will be used for accounting purposes.
35.04 DETAILED PLANS
Each application shall be accompanied by a detailed explanation, including drawings and diagrams where applicable, of the prospective licensee's plans to provide for the following:
1. Police and fire protection.
2. Food and water supply and facilities.
3. Health and sanitation facilities.
4. Medical facilities and services including emergency vehicles and equipment.
5. Vehicle access and parking facilities.
6. Camping and trailer facilities.
7. Illumination facilities.
8. Communications facilities.
9. Noise control and abatement.
10. Facilities for clean-up and waste disposal.
11. Insurance and bonding arrangements.
In addition, the application shall be accompanied by a map or maps of the overall site of the proposed assembly.
35.05 APPLICATION FILED
On receipt by the Clerk, copies of application shall be forwarded to the Director of Public Safety and Health Officer for the Village, the State Fire Marshal, and to such other appropriate public officials as the Clerk deems necessary. Such officials shall review and investigate matters relevant to the application and within twenty (20) days of receipt thereof shall report their findings and recommendations to the Village Council.
35.06 COUNCIL ACTION
Within thirty (30) days of the filing of the application, the Council shall issue, set conditions prerequisite to the issuance of, or deny a license. The Council may require that adequate security or insurance be provided before a license is issued. Where conditions are imposed as prerequisite to the issuance of a license, or where a license is denied, within five (5) days of such action, notice thereof must be mailed to the applicant by certified mail, and in the case of denial, the reasons therefore shall be stated in the notice.
35.07 DENIAL OF LICENSE
A license may be denied if:
1. The applicant fails to comply with any or all requirements of this chapter, or with any or all conditions imposed pursuant hereto, or with any other applicable provision of state or local law; or
2. The applicant has knowingly made a false, misleading or fraudulent statement in the application or in any supporting document.
35.08 LICENSE FORM
A license shall specify the name and address of the licensee, and the kind and location of the assembly, the maximum number of persons attendant permissible, the duration of the license and any other conditions imposed pursuant to this chapter. It shall be posted in a conspicuous place upon the premises of the assembly and shall not be transferred to any other person or location.
35.09 CONDITIONS FOR LICENSE AND REGULATIONS
In processing an application the Council shall, at a minimum, required the following:
(a) Security Personnel. The licensee shall employ at his own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of persons attendant at the assembly and for the preservation of order and protection of property in and around the site of the assembly. No license shall be issued unless the Director of Public Safety in cooperation with the Direction of State Police is satisfied that such necessary and sufficient security personnel will be provided by the licensee for the duration of the assembly.
(b) Water Facilities. The licensee shall provide potable water sufficient in quantity and pressure to assure proper operation of all water using facilities under conditions of peak demand. Such water shall be supplied from a public water system, if available, and if not available, then from a source constructed, located, and approved in accordance with act 294, Public Acts of 1965, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law, or from a source and delivered and stored in a manner approved by the Village Health Officer.
(c) Rest Room Facilities. The licensee shall provide separate enclosed flush-type water closets as defined in Act 266, Public Acts of 1929, and the rules and regulations adopted pursuant thereto and in accordance with any other applicable State or local law. If such flush-type facilities are not available, the Village Health Officer may permit the use of other facilities which are in compliance with Act 273, Public Acts of 1939, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable State or local law.
The licensee shall provide lavatory and drinking water facilities constructed, installed, and maintained in accordance with Act 266 of the Public Acts of 1929, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable State or local law. All lavatories shall be provided with hot and cold water and soap and paper towels.
The number and type of facilities required shall be determined on the basis of the number in attendance, in the following manner:
Facilities Male Female
Toilets 1:300 1:200
Urinals 1:100
Lavatories 1:200 1:200
Drinking fountains 1:500
Taps or faucets 1:500
Where the assembly is to continue for more than twelve (12) hours, the licensee shall provide shower facilities, on the basis of the number in attendance, in the following manner:
Facilities Male Female
Shower heads 1:100 1:100
All facilities shall be installed, connected, and maintained free from obstructions, leaks and defects and shall at all times be in operable condition as determined by the Village Health Officer.
(d) Food Service. If food service is made available on the premises, it shall be delivered only through concessions licensed and operated in accordance with the provisions of Act 269, Public Acts of 1968, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law.
If the assembly is distant from food service establishments open to the public, the licensee shall make such food services available on the premises as will adequately feed the attendance.
(e) Medical Facilities. If the assembly is not readily and quickly accessible to adequate existing medical facilities, the licensee shall be required to provide such facilities on the premises of the assembly. The kind, location, staff strength, medical and other supplies and equipment of such facilities shall be as prescribed by the Village Health Officer.
(f) Liquid Waste Disposal. The licensee shall provide for liquid waste disposal in accordance with all rules and regulations pertaining thereto established by the Village of Beverly Hills Health Officer. If such rules and regulations are not available or if they are inadequate, then liquid waste disposal shall be in accordance with the United States Public Health Service Publication No. 526, entitle, "Manual of Septic Tank Practice." If liquid waste retention and disposal is dependent upon pumpers and haulers, they shall be licensed in accordance with Act 243, Public Acts of 1951, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable state or local law, and, prior to issuance of any licensee, the licensee shall provide the Village Health Officer with a true copy of an executed agreement in force and effect with a licensed pumper or hauler, which agreement will assure proper, effective and frequent removal of liquid waste from the premises so as to neither create nor cause a nuisance or menace to the public health.
(g) Solid Waste Disposal. The licensee shall provide for solid waste storage on, and removal from the premises. Storage shall be in approved, covered, fly-tight and rodent-proof containers, provided in sufficient quantity to accommodate the number of attendants. prior to issuance of any license, the licensee shall provide the Village Health Officer with a true copy of an executed agreement in force and effect with a licensed refuse collector, which agreement will assure proper, effective and frequent removal of solid waste from the premises so as to neither create nor cause a nuisance or menace to the public health.
The licensee shall implement effective control measures to minimize the presence of rodents, flies, roaches and other vermin on the premises, Poisonous materials, such as insecticides or rodenticides shall not be used in any way so as to contaminate food, equipment, or otherwise constitute a hazard to the public health. Solid waste containing food waste shall be stored so as to be inaccessible to vermin. The premises shall be kept in such condition as to prevent the harborage or feed of vermin.
(h) Public Bathing Beaches. The licensee shall provide or make available or accessible public bathing beaches only in accordance with Act 218, Public Acts of 1967, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
(i) Public Swimming Pools. The licensee shall provide or make available public swimming pools only in accordance with Act 230, Public Acts of 1966, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision of state or local law.
(j) Access and Traffic Control. The licensee shall provide for ingress to and egress from the premises so as to insure the orderly flow of traffic onto and off of the premises. Access to the premises shall be directly from a highway or road which is a part of the county system of highways or which is a highway maintained by the State of Michigan. Traffic lanes and other space shall be provided, designated and kept open for access by ambulance, fire equipment, helicopter and other emergency vehicles. Prior to the issuance of a license, the Director of Public Safety, the Director of the Department of State Police and the Director of the Department of State Highways must approve the licensee's plan for access and traffic control.
(k) Parking. The licensee shall provide a parking area sufficient to accommodate all motor vehicles, but in no case shall he provide less than one (1) automobile space for every four (4) persons attendant.
(l) Camping and Trailer Parking. A licensee who permits attendants to remain on the premises between the hours of 2:00 a.m. and 6:00 a.m. shall provide for camping and trailer parking and facilities in accordance with Act 171, Public Acts of 1970, and the rules and regulations adopted pursuant thereto, and in accordance with any other applicable provision by state or local law.
(m) Illumination. The licensee shall provide electrical illumination of all occupied areas sufficient to insure the safety and comfort of all attendants. The licensee's lighting plan shall be approved by the Director of Public Safety.
(n) Insurance. Before the issuance of a license, the licensee shall obtain public liability insurance with limits of not less than $100,000/$300,000 and property damage insurance with a limit of not less than $50,000 from a company or companies approved by the Commissioner of Insurance of the State of Michigan, which insurance shall insure liability for death or injury to persons or damage to property which may result from the conduct of the assembly or conduct incident thereto and which insurance shall remain in full force and effect in the specified amounts for the duration of the license. The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the Village clerk in writing at least ten (10) days before the expiration or cancellation of said insurance.
(o) Bonding. Before the issuance of a license the licensee shall obtain, from a corporate bonding company authorized to do business in Michigan, a corporate surety bond in the amount of up to Fifty Thousand Dollars ($50,000), to be approved by the Village Council; the exact amount shall be set by the council, conditioned upon the licensee's faithful compliance with all of the terms and provisions of this chapter and all applicable provisions of state or local law, and which shall indemnify the Village of Beverly Hills, its agents, officers, and employees and the Council against any and all its agents, officers, and employees and the Council against any and all loss, injury or damage whatever arising out of or in any way connected with the assembly site for any costs attributable to cleaning up and/or removing debris, trash, or other waste resultant from the assembly.
(p) Fire Protection. The licensee shall, at his own expense, take adequate steps as determined by the Director of Public Safety, to insure fire protection.
(q) Sound Equipment. Sound producing equipment, including but not limited to public address systems, radios, phonographs, musical instruments and other recording devices, shall not be operated on the premises of the assembly so as to be unreasonably loud or raucous, or so as to be a nuisance or disturbance to the peace and tranquility of the citizens of the Village of Beverly Hills.
(r) Fencing. The licensee shall erect a fence completely enclosing the site, of sufficient height and strength as will preclude persons in excess of the maximum permissible attendance from gaining access and which will have sufficient gates properly located so as to provide ready and safe ingress and egress.
(s) Communications. The licensee shall provide public telephone equipment for general use on the basis of at least one (1) unit for each thousand (1,000) persons attendant.
(t) Miscellaneous. Prior to the issuance of a license, the Council may impose any other conditions reasonably calculated to protect the health, safety, welfare and property of persons attendant or of citizens of the Village of Beverly Hills.
35.10 REVOCATION OF LICENSE
The Council may revoke a license whenever the licensee, his employee or agent fails, neglects or refuses to fully comply with any and all provisions and requirements set forth herein or with any and all provisions, regulations, ordinances, statutes, or other law incorporated herein by reference.
35.11 VIOLATIONS
(a) It shall be unlawful for a licensee, his employee, or agent, to knowingly:
1. Advertise, promote or sell tickets to, conduct, or operate an assembly with first obtaining a license as herein provided.
2. Conduct or operate an assembly in such a manner as to create a public or private nuisance.
3. Conduct or permit, within the assembly, any obscene display exhibition, show, play, entertainment or amusement.
4. Permit any person on the premises to cause or create a disturbance in, around, or near the assembly by obscene or disorderly conduct.
5. Permit any person to unlawfully consume, sell, or possess intoxicating liquor while on the premises.
6. Permit any person to unlawfully use, sell or possess any narcotics, narcotic drugs, drugs or other substances as defined in Act 343, Public Acts of 1952.
(b) Any of the above enumerated violations is a separate offense, is a nuisance per se immediately enjoinable in the Circuit Court and, is punishable by imprisonment in the County Jail for not more than ninety (90) days, or by a fine of not more than One Hundred Dollars ($100.00), or by both such fine and imprisonment together with the costs of the prosecution.
(c) It is further provided that any of the above violations is a sufficient basis for revocation of the license and for the immediate enjoining in the Circuit Court of the assembly.
35.12 GARAGE SALES {Ord 340; 7-20-12}
(a) Purpose and Intent.It is the intent of this section to regulate, control and limit the holding of garage sales, as they may become nuisances and safety hazards if not so regulated, and so that residential areas do not become commercialized through a proliferation of garage sales and similar commercial activities.
(b) Restriction, Number and Duration
1. There shall be no more than two (2) garage sales at any residence within any one (1) calendar year, not including any village wide garage sales.
2. No garage sale may last more than three consecutive days.
3. Garage sales shall only be conducted between the hours of 8:00 a.m. and 6:00 p.m.
4. Permit Required – A homeowner or occupant shall first obtain a permit from the Village Clerk before conducting any garage sale. There shall be a nominal fee as stated in the Village Schedule of Fees for the issuance of the permit.
(b) Sales Limitations
1. No wholesale sales shall be made at any garage sale.
2. No salesman shall be permitted to sell and no free samples or similar items shall be sold at any garage sale.
3. Garage sales shall be limited to sales of items which have actually been used during the normal course of residential living at the residence at which the sale is to occur and items shall not be transported to such residence.
(c) Garage Sale Not To Create Nuisance
1. No garage sale shall be situated so as to obstruct traffic, nor shall any garage sale patrons park their vehicles so as to obstruct traffic.
2. No signs advertising a garage sale regulated by this chapter shall be placed on public property, utility poles or on private property without the express consent of the owner. Within twenty-four (24) hours after the conclusion of a garage sale all signs shall be removed.
(d) Exemptions. The provisions of this chapter shall not apply to sales and/or charity bazaars held by churches or other houses of worship, schools and/or service organizations that are located in residential zoning districts provided that the sales and/or charity bazaars are held by the church or other house of worship, school or service organization, on their own property and provided that said sales and/or charity bazaars comply with all other requirements of the Village of Beverly Hills Village Code, including, but not limited to, the Village of Beverly Hills Zoning Ordinance.
(e) Penalty. Any person, persons or entity violating any of the provisions of this chapter shall be responsible for a municipal civil infraction.