Chapter 5.10
EXHIBITORS
Sections:
5.10.020 License required and application.
5.10.030 License approval procedure and license term.
5.10.040 Licensing approval – Authority and appeals.
5.10.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Exhibitor” means any person, firm or corporation who, for that person, firm or corporation or as an agent of another, gives, controls, conducts or manages for gain within the corporate limits of the city any circus, carnival, menagerie, theater, concert, wrestling match, boxing match, or any other show, amusement or exhibition, fair or other form of entertainment which is not given exclusively for the benefit of some charitable, educational or religious organization, association or institution. [Ord. 2155, 12-17-84; Ord. 2071, 11-2-81. Code 2001 § 110.01.]
5.10.020 License required and application.
All exhibitors as defined in NMC 5.10.010 shall obtain a license from the city prior to engaging in any activities defined in NMC 5.10.010. Application for the license shall be filed with the city together with a nonrefundable application and license fee in an amount set by resolution. Said application shall be upon a form approved by the city. [Ord. 2155, 12-17-84; Ord. 2071, 11-2-81. Code 2001 § 110.02.]
Penalty: See NMC 5.10.050.
5.10.030 License approval procedure and license term.
The city shall submit the application for an exhibitor’s license to affected city department heads for their approval and comment and upon determining that the exhibitor has obtained written approval for the establishment and setup of the exhibition on private or public property from the owner of said property; that the location of exhibitor’s activity does not impair the proper flow of traffic on public or private property, nor unduly restrict parking spaces on public or private property and provides for bathroom facilities either from a permanent or portable system. The city shall issue a license for a period not to exceed 14 days from the date of issuance. No license for an exhibitor’s activities upon city owned property shall be authorized without the written consent of the city manager or, in the absence of the manager, the mayor. Such approval by the city manager or mayor for activities upon city owned property may be conditioned by the city manager or mayor as the public interest dictates. [Ord. 2156, 12-3-84; Ord. 2071, 11-2-81. Code 2001 § 110.03.]
5.10.040 Licensing approval – Authority and appeals.
The city shall have authority to approve or deny any application for a license to be issued under this chapter excepting those instances where this chapter requires initial city manager or mayor approval of a license application. Any application for a license which is denied by the city may be appealed to the city council. The city council may accept or reject the decision of the city. All appeals must be made by submitting a formal request of an appeal to the city together with a nonrefundable processing fee set by resolution of the city council. [Ord. 2071, 11-2-81. Code 2001 § 110.04.]
5.10.050 Penalty.
Any exhibitors who shall engage in activities within the corporate limits of the city without having first applied for and obtained the license herein provided for shall have committed a city Class 3 civil infraction and shall be processed in accordance with the procedure set forth in the uniform civil infraction procedure ordinance, Chapter 2.30 NMC. Each day of continuing violation shall be deemed a separate offense for the purposes of these penalties. [Ord. 2163, 4-1-85; Ord. 2071, 11-2-81. Code 2001 § 110.99.]