Loading...
1979-051ORDINANCE NO. 79- _ AN ORDINANCE AMENDING CHAPTER 5.08 OF THE BUFFALO GROVE MUNICIPAL CODE - (Amusement' Activities ')' BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK and LAKE COUNTIES, ILLINOIS. SECTION 1. Section 5.08.010 and Section 5.08.030 of the Buffalo Grove Municipal Code are hereby amended to read as follows: 5.08.010 - Definition. An amusement activity within the terms of this Section includes carnivals, circuses, fairs, trade shows, trade amusements, boxing and wrestling exhibitions, traveling shows and any other similar or related type of activity, conducted for the further- ance of a business enterprise. 5.08.030 Permit Application Contents " For Pro_fit.Amuse- meet. Any person desiring a permit for a for profit amusement shall apply through the Village Clerk's office at least thirty days prior to the first day of operation at the proposed activity. The applica- tion shall be on a form furnished by the Clerk and shall set forth: A. The name and address of the applicant; B. The name, address and status of the proposed per - mittee C. The nature of the amusement activity for which the permit is sought; D. If the proposed permittee is a corporation, the name and address of the registered agent and office of the corporation, and the state of in- corporation; E. The names and addresses of the person or persons to be in immediate charge of the place of amuse- ment at all times during its operation; F. The names of any sponsoring organization and the names and addresses of the principal officers of such organization; G. The date or dates of proposed showing or operation, and the location at which it is proposed to conduct the place of amusement; H. The names of the last three cities or other places in which the amusement activity has been shown, op- erated or conducted immediately prior to the filing of the application, if applicable; I. A statement that the proposed permittee will direct- ly control and supervise each activity proposed to be authorized under the permit sought, and will be responsible for the conduct, operation and manage- ment thereof; J. Name and address of a person who can be readily contacted in regard to the operation of the amuse- ment activity, and who is able to contact the pro- posed permittee at all times; -2- K. A statement that the permitted has standard pub- lic liability insurance policies with an insur- ance company or companies satisfactory to the Village in the amount of not less than $100,000/ $1,000,000.00 bodily injury and twenty -five thou- sand dollars property damage. The Village shall be named as one of the insured, and evidence of same shall be furnished the Village prior to issuance of permit; L. A statement certifying on penalty of perjury the correctness of the information given on the appli- cation and agreeing on behalf of the proposed per - mittee that there shall be full compliance of the permitted with all state and village laws in the conduct of the activities for which a permit may be granted; M. A statement that the applicant, as a condition of receiving a permit, agrees to indemnify and save harmless the village from any liabilities arising out of its issuance. SECTION 2. There is hereby added to the Municipal Code of Buffalo Grove Section 5.08.031, which is to read.as.follows: 5.08.031 Permit Application Contents Non - Profit Organi- zation. Any not - for - profit organization /person desiring a permit, shall apply through the Village Clerk's office at least 15 days prior to the first day of operation at the proposed activity. The application shall be on a form furnished by the clerk and shall set forth: A. Nature of amusement; B. Proposed location to conduct the place of amusement; C. Name of organization, type of organization, (i.e. club, church, etc.) D. If the proposed permitted is a corporation, the name and address of the registered agent and office of the corporation, and the state of incorporation; E. The names and addresses of the person or per- sons to be in immediate charge of the place of amusement at all times during its operation; F. The date or dates of proposed operation; G. A statement that the permitted has standard public liability insurance policies with an insurance company or companies satisfactory to the Village in the amount of not less than $100,000 /$1,000,000.00 bodily injury and twenty five thousand dollars property damage. The Vil- lage shall be named as one of the insured, and evidence of same shall be furnished the Village prior to issuance of permit; H. A statement certifying on penalty of perjury the correctness of the information given on the appli- cation and agreeing on behalf of the proposed per - mittee that there shall be full compliance of the permittee with all state and village laws in the conduct of the activities for which a permit may be granted; I. A statement that the applicant, as a condition of receiving a permit, agrees to indemnify and save harmless the Village from any liabilities arising out of its issuance; J. A statement that the proposed permittee will direct- ly control and supervise each activity proposed to e • -3- be authorized under the permit sought, and will be responsible for the conduct, opera- tion and management thereof. SECTION 3. Subsections B, C and F of Section 5.08.040 of the Buffalo Grove Municipal Code are hereby amended to read as follows: 5.08.040 Fermit Application Processing. B. The police department shall investigate the business reparation of the permittee and of compliance by such person with state laws and local ordinances at other places listed on the application where the applicant or permittee has carried on amusement activities. C. Each department shall report to the Village Clerk promptly after the filing of the application any discrepancies which appear in the appli- cation or any failure of a proposed operation to comply with applicable state or village laws, and shall mention any problems which the proposed activity may reasonably be expected to pose for the people or government of the village. Said report shall further make recommendation for protect- ing the public peace, health, safety and welfare, in the event a permit is issued. F. If the application is approved by the Village Departments required to report thereon and upon compliance with the requirements of subsection E, the Village Clerk, with the advice and consent of the Village Manager, may waive the thirty -day or fifteen day requirement and issue the permit. SECTION 4. Subsection A of Section 5.08.050 of the Buffalo Grove Muni- cipal Code is hereby amended to read as follows: 5.08.050 - Permit - Fees. The application shall be accompanied by a nonreturnable fee in the sum of fifty dollars, which shall be known as the amusement permit minimum fee. Bonefide not - for - profit organizations are exempt from fee payment. SECTION 5. Section 5.08.060 of the Buffalo Grove Municipal Code is hereby amended to read as follows: 5.08.060 - Bond requirement. The permittee shall, when conduct- ing an off - premise amusement, in addition to payment of the permit fees established by the Village, deposit with the Village not later than ten days prior to the first day of conducting any amusement activity and shall maintain for a period of two days after the termination of activi- ties under such permit as may be issued by the Village, a cash bond in o • -4- the sum of one thousand dollars, or in lieu thereof, shall post and main- tain in full force and effect during said period a surety bond in the amount of one thousand dollars. Such bond shall be issued by a surety company, approved by the village attorney, and shall be in a form approved by the village.attorney. Such bond shall, by its terms: A. Insure payment to the Village for any damage to Village property occasioned by the operation of such amusement activity or parade, includ- ing damages occasioned by the entrance into or exit from the Village of the permittee or of the equipment, facilities, or personnel of such amusement activity as shall be permitted by the permit; B. Insure the cleaning of the premises used for such amusement acti- vity and of the immediate surrounding properties and streets of such litter and debris as may result from the operation thereof; C. Insure payment of any fines levied against the permittee for violation of this or any other section or state law while conducting amusement activities in the Village; D. Such bonds may be waived or reduced in amount or sooner cancelled or returned by the Village Board when, in its reasonable judgment, the conditions of or reason for requiring such bonds have been satisfactorily met. The permittee shall be promptly notified of any claims made or.con- templated against such bond or surety, and shall have the right to appeal from any such claim, or the amount thereof, to the Village Board. The decision of the Village Board shall be final; E. Nothing contained in this section shall be construed to mean that the applicant is absolved from liability for sums in excess of one thousand dollars. SECTION 6. Subsection C of Section 5.08.080 of the Buffalo Grove Muni- cipal Code is hereby amended to read as.follows: 5.08.080 Hour's of operation. C. On Sunday and holidays, between one p.m. and eleven p.m., un- less extended for cause by the Village Clerk. SECTION 7. Sections 5.08.110 and 5.08.140 of the Buffalo Grove Munici- pal Code are hereby amended to read as follows: 5.08.110 - Health, sanitation. The amusement activity and each portion thereof shall conform to health and sanitation requirements of the state statutes and the village ordinances. No living quarters shall -5- be constructed or maintained on any part of the premises. A watchman shall be permitted to remain on the premises during the permit period. 5.08. 140 '- Permit- Suspension, revo'cat'ion. Any permit granted under this chapter may be revoked by the president, any trustee, or member of the police, fire, health or building departments at any time it appears that the proposed or actual operation of the amusement activity will be or is such as to constitute a public nuisance or to endanger pub- lic peace, health, safety or welfare. Any permit granted under this chap- ter may be suspended in whole or in part at any time that the amusement activity is conducted contrary to the permit or to any state or village law, or when any such amusement activity or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace, or to be injurious to the public peace, health, safety or welfare. Suspension shall become effective immediately. Any person invoking such suspension shall immediately notify the Village President thereof. The Village President may, for good cause, cancel any suspension, but in all cases she shall promptly take such steps as are necessary to inform related village officials of the action taken, and of the reasons or reason thereof. It shall be a violation for any person to operate, engage, or participate in, except as a patron, any such amusement activity as may be ordered suspended by such notice of suspension. SECTION 8. Violation: - Penalty. Any person violating the provisions of this chapter shall be punished as provided in Section 1.08.010. SECTION 9 - Enactment. This ordinance shall become effective from and after its passage, approval and publication according to law. AYES: 6 - Marienthal, Stone, O'Reilly, Hartstei:n, Kavi.tt, Gers.che.fske NAYES • 0 - None ABSENT • 0 - None PASSED: November 19 ,1979. APPROVED: November 19 ,1979. PUBLISHED ,1979. ATTEST: VUAAGE CLERK APPRO . VILLAGE PREMDEWf VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS -.�— DAY OF 1979. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, this day of 197Y. j i ORDINANCE NO. 79 -_L-d_ AN ORDINANCE AMENDING CHAPTER 5.08 OF THE BUFFALO GROVE MUNICIPAL CODE (Amusement Activities). BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK and LAKE COUNTIES, ILLINOIS. SECTION 1. Section 5.08.010 and Section 5;08.030 of the Buffalo Grove Municipal Code are hereby amended to read as follows: 5.08.010 Definition. An amusement activity within the terms of this Section includes carnivals, circuses, fairs, trade shows, trade amusements, boxing and wrestling exhibitions, trave:- ling-shows and any other similar or related type of activity, conducted for the further- ante of a business enterprise. 5.08.03.0 - Permit - Application Contents -' For Profit Amuse - ment. Any person desiring a permit for a for profit amusement shall apply through the Village Clerk's office at least thirty days prior to the first day of operation at the proposed activity. The applica- tion shall be on a form furnished by the Clerk and shall set forth: A. The name and address of the applicant; B. The name, .address and status of the proposed per- mittee; C. The nature of the amusement activity for which the permit is sought; D. If the proposed permittee is a corporation, the name and address of the registered agent and office of the corporation, and the state of in- corporation; E. The names and addresses of the person or persons to be in immediate charge of the place of amuse- ment at all times during its operation; F. The names of any sponsoring organization and the names and addresses of the principal officers of such organization; G. The date or dates of proposed showing or operation, and the location at which it is proposed to conduct the place of amusement; H. The names of the last three cities or other places in which the amusement activity has been shown, op- erated or conducted immediately prior to the filing of the application, if applicable; I. A statement that the proposed permittee will direct- ly control and supervise each activity proposed to be authorized under the permit sought, and will be responsible for the conduct, operation and manage - ment thereof; J. Name and address of a person who can be readily contacted in regard to the operation of the.amuse- meet activity, and who is able to contact the pro- posed permittee at all times;_ -2- • K. A statement that the.permittee has standard:pub- lic liability insurance policies with an insur- ance company or companies satisfactory to the Village in the amount of not less than $100,000/ $1,000,000.00 bodily injury and twenty -five thou- sand dollars property damage. The Village shall be named as one of the insured, and evidence of same shall be furnished the Village prior to issuance of permit; L. A statement certifying on penalty of perjury the correctness of the information given on the appli- cation and agreeing on behalf of the proposed per- mittee that there shall be full compliance of the permittee with all state and village laws in the conduct of the activities for which a permit may be granted; M. A statement that the.applicant, as a condition of receiving a permit, agrees to indemnify and save harmless the village from any liabilities arising out of its issuance. SECTION 2. There is hereby added to the Municipal Code of Buffalo Grove Section 5.08.031, which is to read as follows: 5.08.031 Permit - Application - Contents Non - Profit Organi- zation. Any not -for- profit organization /person desiring a permit, shall apply through the Village Clerk's office at least 15 days prior to the first day of operation at the proposed activity. The application shall be on a form furnished by the clerk and shall set forth: A. Nature of amusement; B. Proposed location to conduct the place of amusement; C. Name of organization, type of organization, (i.e. club, church, etc.) D. If the proposed permittee is a corporation, the name and address of the registered agent and office of the corporation, and the state of incorporation; E. The names and addresses of the person or per - sons to be in immediate charge of the place of amusement at all times during its operation; F. The date or dates of proposed operation; G. A statement that the permittee has standard public liability insurance policies with an insurance company or companies satisfactory to the Vllage,in the amount of not less than $100,000 /$1,000,000.00 bodily injury and twenty five thousand dollars property damage. The Vil- lage shall be named as one of the insured, and evidence of same shall be furnished the Village prior to issuance of permit; H. A statement certifying on penalty of perjury the correctness of the information given on the appli- cation and agreeing on- behalf of the proposed per - mittee that there shall be full-compliance of the permittee with all state and village laws in the conduct of the activities for which a permit may be granted; I. A statement that the applicant, as a condition of receiving a permit, agrees to indemnify and save harmless the Village from any liabilities arising out of its issuance; J. A statement that the proposed permittee will direct- ly control and supervise each activity proposed to -3. be authorized under the permit sought, and will be responsible for the conduct, opera- tion and management thereof. SECTION 3. Subsections B, C and F of Section 5.08.040 of the Buffalo Grove-Municipal Code are.hereby amended to read as follows: 5.08.040 - Permit Application Processing. B. The police department shall investigate the business repuration, of the permittee and of compliance by such person with state laws and local ordinances at other places listed on the application where the applicant or permittee has carried on amusement activities. C. Each department shall repc�-rt to. the Village Clerk _promptly after Y the filing of the application.an.y discrepancies which appear in the appli- cation or any failure of a proposed operation to comply with applicable state or village laws, and shall mention any problems which the proposed activity may reasonably be expected to pose for the people or government of the village. Said report shall further make recommendation for protect- ing the public peace, health, safety and welfare, in the event a permit is issued. F. If the application is approved by the Village'Departments required to report thereon-and upon compl -:ante with the requirements of subsection E, the Village Clerk, with the advice and consent of the Village Manager, may waive the thirty -day or fifteen day requirement and issue the permit. . SECTION 4. Subsection A of Section 5.08.050 of the Buffalo Grove Muni- cipal Code is hereby amended to read as follows: 5.08.050 - Permit Fees. The application shall be accompanied by a nonreturnable fee in the sum of °fifty dollars, which shall be known as the amusement permit minimum fee. Bonefide pot-for-profit organizations are exempt from fee payment. SECTION 5. Section 5.08.060 of the Buffalo Grove Municipal Code is hereby amended to read as follows: 5.08.060 - Bond requirement. The permittee shall, when conduct- ing an off - premise amusement, in addition to payment of-the permit fees established by the Village, deposit with the Village not later than ten days prior to the first day of conducting any amusement activity and shall maintain for a period of two days after the termination of activi- ties under such permit as may be issued by the-Village, a cash bond in -4- the sum of one thousand dollars, or in lieu thereof., shall post and main- tain in full force and effect during said period a surety bond in the amount of one thousand dollars. Such bond shall be issued by a surety company, approved by the village attorney, and shall be in a form approved by the village attorney. Such bond shall, by its terms: A. Insure payment to the Village for any damage to Village property occasioned by the operation of such amusement activity or parade, includ- ing damages occasioned by the entrance into or exit from the Village of the permittee or of the equipment, facilities, or personnel of such amusement activity as shall be permitted by the permit; B. Insure the cleaning of the premises used for such amusement acti- vity and of the immediate surrounding properties and streets of such litter and debris as may result from the operation thereof; C. Insure payment of any fines levied against the permittee for violation of this or any other section or state law while conducting amusement activities in the Village; D. Such bonds may be waived or reduced in amount or sooner cancelled or returned by the Village Board when, in its reasonable judgment, the conditions of or reason for requiring such bonds have been satisfactorily meta The permittee shall be promptly notified of any claims made or con- templated against such bond or surety, and shall have the right to appeal from any such claim, or the amount thereof, to the Village Board. The decision of the Village Board shall be final; E. Nothing contained in this section shall be construed to mean that the applicant is absolved from liability for sums in excess of one thousand dollars. SECTION 6. Subsection C of Section 5.08.080 of the Buffalo Grove Muni- cipal Code is hereby amended to read as follows: 5.08.080 Hours of operation. C. On Sunday and holidays, between one p.m. and eleven p.m. un- less extended for cause by the Village- Clerk. SECTION 7. Sections 5.08.110 and 5.0`8.140 of the Buffalo Grove Munici- pal Code.are hereby amended to read as follows: 5.08.110 - Health, sanitation. The amusement activity and each portion thereof shall conform to health and sanitation requirements of the state statutes and the village ordinances. No living quarters shall -5- i be constructed or maintained on any part of the premises. A watchman shall be permitted to remain on the premises during the permit period. 5.08.140 - Permit - Suspension, revocation. Any permit granted under this chapter may be revoked by the president, any trustee, or member of the police, fire, health or building departments at any time it appears that the proposed or actual operation of the amusement activity will be or is such as to constitute a public nuisance or to endanger: -pub- lic peace, health, safety or welfare. Any permit granted under this chap- ter may be suspended in whole or in part -at any time that the amusement activity is conducted contrary to the permit or to any state or village law, or when any such amusement-activity or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace, or to be injurious to the public peace, health, safety or welfare. Suspension. shall become effective immediately. Any person invoking such suspension shall immediately notify the Village President thereof. The Village President may, for good cause, cancel any suspension, but in all cases she shall promptly take such steps as are necessary to inform related village officials of the action taken, and of the reasons or reason thereof. It shall be a violation for any persori to operate, engage, or.participate in,.except as a patron, any such amusement activity as may be ordered suspended by such notice of suspension. SECTION 8. Violation - Penalty. Any person violating the provisions of this chapter shall be punished as provided in Section 1.08.010. SECTION 9. - Enactment. This ordinance shall become effective from and after its passage, approval and publication according to law. AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Kavifi'-, Gerschefsk.e NAYES : 0 None ABSENT: 0 - None PASSED: 'November 19 ,1979. APPROVED: November-19 ,1979 PUBLISHED: ,1979: APPRO;T.R- VILLAGE PRE SIDEUr ATTEST: rt.c� � • ..iL1(l��ctliV 1 VILLAGE CLERK