§ 6-85. Council may impose conditions prior to granting; standing requirements and conditions.

(a)

At the hearing required under section 6-84, the parish council may establish conditions which must be met prior to the issuance of any license under this division except that the council may take a matter under submission before determining which conditions shall be imposed. Where the council 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 15 days of the original hearing.

(b)

The conditions which may be imposed by the council regarding the parish's general police power for the protection of health, safety and property of local residents and persons attending public amusements in the parish, are as follows:

(1)

Police protection.

a.

Every licensee shall employ at his own expense at least one private patrol officer or guard, approved by the sheriff of the parish, 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 patrol officers and security guards may be required. One patrol officer or security guard for every 300 persons expected to be in attendance may be required.

b.

Such patrol officers 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 section, the peace officers shall be under the direction and control of the sheriff of the parish. The sheriff must be satisfied that the requisite number of private patrol officers or guards will be provided at all times of operation, before a license is issued. Submittal by the applicant of a written agreement between the applicant and a licensed private patrol agency may be required.

(2)

Water facilities.

a.

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.

b.

In the case of outdoor public amusements, a supply of ten gallons of water for each person expected to be in attendance may be required. All water shall meet United States 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.

(2A)

Low alcoholic beverages. Sell of low alcoholic beverages permitted in accordance with chapter 5, article III, Low alcoholic content licenses.

(3)

Food concession. In the case of public amusements proposed to be held in areas located a substantial distance from markets, restaurants or like eating establishments, the 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.

a.

Every licensee must 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 40 males and for each 40 females expected to be in attendance may be required.

b.

Where flush-type toilets cannot be made available, the supervisors may consent to the use of portable chemical toilets. Such chemical toilets must meet the approval of the parish health officer before any license may be issued. Chemical toilets must be emptied at licensee's expense as necessary and according to procedures established by the parish health officer.

c.

Every licensee shall be required to furnish at least one trash can with 32 gallons capacity for every 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 the licensee's expense as necessary and pursuant to procedures established by the parish health officer.

(5)

Medical facilities.

a.

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 amusement. The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff the 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 division.

b.

The parish health officer shall calculate the need for medical services based on the number of persons 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 persons expected to attend the public amusement by motor vehicle. Such individual parking spaces shall be clearly marked and shall be not less than nine feet wide and 20 feet long. The director of public works must approve an applicant's parking plan before a license shall be issued.

(7)

Access and parking control.

a.

Every licensee shall provide adequate entrance and exit to his public amusement premises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to ensure the 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 director of public works must approve the licensee's plan for entrance and exit before a license shall be issued.

b.

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)

Hours of operation. All public amusements which are subject to licensing under this division shall close and cease operation continuously between the hours of 1:00 a.m. and 6:00 a.m. of each day.

(9)

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 ensure that those areas which are occupied are lighted at all times. The director of public works 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:

a.	Open areas reserved for spectators .....	5—10 footcandles.
b.	State areas .....	75—100 footcandles.
c.	Parking and overnight areas .....	1—5 footcandles.
d.	Restroom and concession areas .....	20—50 footcandles.

 

(10)

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 public works director prior to the issuance of any license.

(11)

Bond.

a.

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 subsection must be approved by the parish counsel prior to issuance of a license.

b.

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 a penal amount determined by the council. The bond shall indemnify the parish, its agents, officers, servants and employees and the council against any and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with, the public amusement and shall indemnify against loss, injury and damage to both person and property.

c.

Additionally, the parish may demand that the 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. The bond shall be in an amount determined by the council.

(12)

Miscellaneous conditions. 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.

(Code 1975, § 3:6; Ord. No. 03-26, 7-28-03)