Chapter 5.04
SHOWS, EXHIBITIONS AND DANCES
Sections:
5.04.040 Dog or pony show defined.
5.04.060 Public dance defined.
5.04.090 Revocation or denial of license.
5.04.120 Violation of other laws.
5.04.130 Penalty for violations.
5.04.010 License required.
It shall be unlawful for any person, persons, firm, association or corporation to conduct or carry on in the city of Clarkston businesses, occupations, shows, circuses, menageries, carnivals, tent or road shows and entertainments, hereinafter specified, within the corporate limits of the city of Clarkston without having first obtained a license therefor and paid the license fee, respectively hereinafter required to be paid. [Ord. 412 § 1, 1941.]
5.04.020 Circus defined.
The term “circus,” for the purpose of this chapter, shall mean entertainment or public performance held under tents, containing one or more rings in which performances are had, and in which are exhibited and used in the performances different kinds of animals, together with a menagerie or sideshows connected therewith. [Ord. 412 § 2(a), 1941.]
5.04.030 Carnival defined.
The phrase “carnival, road or tent show,” for the purpose of this chapter, shall mean a group of exhibitions, performances or features of any kind held in the open or under canvas in a group, together, or at which merchandise is offered for sale or for prizes. [Ord. 412 § 2(b), 1941.]
5.04.040 Dog or pony show defined.
The phrase “dog or pony show,” for the purpose of this chapter, shall mean a show in which dogs or ponies are used exclusively for the entertainment and which has not connected with it any sideshows or features of any kind. [Ord. 412 § 2(c), 1941.]
5.04.050 Bill poster defined.
The term “bill poster,” for the purpose of this chapter, shall mean one who for hire or compensation of any kind shall post painted or printed bills, or exhibit in permanent locations, painted or printed signs or advertising or distribute handbills, window cards or other advertising matter of their own goods for sale, or the distributing of advertising of any kind, announcing school, church, or civic organizations’ entertainments, shows or lectures of any kind. [Ord. 412 § 2(d), 1941.]
5.04.060 Public dance defined.
The term “public dance,” for the purpose of this chapter, shall mean a dance held in a public hall and for which an admission fee is charged, whether directly or indirectly. [Ord. 412 § 2(e), 1941.]
5.04.070 License fees.
The license fee required of the businesses, occupations, shows, circuses, menageries, carnivals, tent or road shows and entertainments, respectively, shall be as follows:
(1) All circuses shall pay $100.00 per day for each day that an exhibition is held.
(2) All carnivals, road or tent shows shall pay a license fee of $25.00 per day and no license shall be for a period of less than four days and shall pay in addition, for any features, shows, stands or performances in excess of 10 features, an additional license fee of $3.50 for each of such features in excess of 10, and no license shall be issued for less than four days paid in advance.
(3) Dog or pony shows shall pay a license fee of $10.00 per day for each day on which exhibitions are held.
(4) All bill posters shall pay a quarterly license fee of the sum of $5.00 per quarter.
(5) Anyone conducting a public dance shall pay a license fee of $10.00 per night, unless special permit be granted by the city council.
(6) For each billiard or pool table there shall be paid a quarterly license fee of $2.50, and for each card table there shall be paid a quarterly license fee of $2.50. [Ord. 412 § 2, 1941.]
5.04.080 Application.
Licenses shall be issued to the applicant upon signing application therefor with the city clerk and paying the license fee, as above described, except in the case of circuses, carnivals, tent or road shows and public dances, and no license shall be issued to any circus, carnival, tent or road show or public dance unless the application therefor, accompanied with the application fee, has been presented to the city council in writing accompanied by the required license fee, and such license has been granted by the majority vote of the city council. [Ord. 412 § 3, 1941.]
5.04.090 Revocation or denial of license.
No license shall be issued to any person who has been convicted of a violation of this chapter, or has been convicted of any other law or ordinance which penalizes conduct which the city council deems inappropriate for a license applicant or holder under this chapter. The city council shall also have the power to revoke any license on the same grounds used to deny issuance of a license. “Conduct which the city council deems inappropriate,” as stated in this section, shall include, but is not limited to:
(1) Any improper and wrongful behavior of substantial character and of public concern in relation to the license activity; or
(2) Any conduct which threatens public safety; or
(3) Any conduct involving moral turpitude; or
(4) Any fraud, misrepresentation, or false or misleading statement. [Ord. 951 § 2, 1983; Ord. 412 § 4, 1941.]
5.04.100 Exceptions.
None of the provisions of this chapter shall apply to any show, feature or exhibition conducted for the benefit of a church, school, educational society or civic organization, within the corporate limits of the city of Clarkston, where at least 15 percent of the gross proceeds, without reduction, goes to such beneficiary; provided, however, that in case of any show, feature or exhibition conducted or carried on by any person, firm or corporation other than a church, school, educational society, or a civic organization shall not be exempted from the payment of licenses as herein required because of the fact that it devotes a part of its receipts to the purposes of any church, school, educational society or civic organization. [Ord. 412 § 5, 1941.]
5.04.110 Variance prohibited.
Neither members of the city council nor any officer of the city of Clarkston shall be permitted to waive any of the provisions of this chapter or change any of the conditions, terms and fee amounts of the licenses herein provided. [Ord. 412 § 6, 1941.]
5.04.120 Violation of other laws.
Any licensee or any sponsor of any licensee who violates any federal, state or municipal law in connection with his operations under such license shall be deemed a violator of this chapter and subject to the penalties provided for violation of this chapter. [Ord. 412 § 8, 1941.]
5.04.130 Penalty for violations.
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor, and shall be punishable by a fine of not less than $5.00 or more than $50.00 for each offense, and every day on which it is violated shall constitute a separate offense. [Ord. 412 § 7, 1941.]