It is the purpose of the Village Board of the Village of Denmark
to regulate the assemblage for special events of large numbers of
people, in excess of those normally needing the health, sanitary,
fire, police, transportation and utility services regularly provided
in the Village, in order that the health, safety and welfare of all
persons in the Village, residents and visitors alike, may be protected.
A.
No person shall permit, maintain, promote, conduct, advertise, act
as entrepreneur, undertake, organize, manage, or sell or give tickets
to an actual or reasonably anticipated special event of 250 people
or more, whether on public or private property, without a special
event license.
B.
An alcohol beverage license holder that anticipates an event of any number that requires an amendment to the alcohol beverage license must also be issued a special event license. To hold an event the person or alcohol beverage license holder must have first completed an application issued by the Clerk and/or Police Department, application for which has first been issued at least 15 days in advance of the special event. A license to hold a special event issued to one person and/or alcohol beverage license holder shall permit any person to engage in any lawful activity in connection with the holding of the licensed assembly. An application for a one-day alcohol beverage license amendment for a special event can be obtained per Chapter 176, Licenses and Permits.
C.
As used in this article, "special event assembly" means a company
of persons gathered together at any location at any single time for
any purpose.
D.
The fee for each license shall be as set from time to time by resolution
of the Board. In addition to the annual special event license an additional
fee may be charged for subsequent events for site inspection for events
that comply with previously approved site plans.
E.
A license shall permit the special event assembly of only the maximum
number of people stated in the license. The licensee shall not sell
tickets to nor permit to assemble at the licensed location more than
the maximum permissible number of people.
F.
The licensee shall not permit the sound of the special event to carry
unreasonably beyond the enclosed boundaries of the location of the
assembly and during the hours of operation; plans must be made to
reduce the noise Sunday through Thursday after the hour of 10:00 p.m.
until 7:00 a.m. and 11:00 p.m. until 7:00 a.m. on Friday and Saturday.
G.
This article shall not apply to any regularly established permanent
place of worship, stadium, athletic field, arena, auditorium, coliseum,
or other similar permanently established place of assembly for special
events which do not exceed by more than 250 people the maximum seating
capacity of the structure where the assembly is held.
H.
This article shall not apply to government-sponsored fairs or events
held on regularly established fairgrounds nor to special events required
to be licensed by other codes and regulations of the county and Village.
Before an applicant may be issued a license, the applicant shall
first:
A.
Determine the maximum number of people which can be assembled or
admitted to the location of the special event assembly, provided that
the maximum number shall not exceed the maximum number which can reasonably
assemble at the location of the assembly in consideration of the nature
of the special event assembly, and provided that, where the special
event assembly is to continue overnight, the maximum number shall
not be more than is allowed to sleep within the boundaries of the
location of the special event assembly by the zoning or health ordinances
of the county and of the Village.
B.
Provide proof that he or she will furnish at his or her own expense
before the special event assembly commences:
(1)
Potable water, meeting all federal and state requirements for purity,
sufficient to provide drinking water for the maximum number of people
to be assembled at the rate of at least one gallon per person per
day and water for bathing at a rate of at least 10 gallons per person
per day.
(2)
Toilets meeting all state and local specifications, conveniently
located throughout the grounds, sufficient to provide facilities for
the maximum number of people to be assembled at the rate of at least
one toilet for every 100 people plus the appropriate number of handicapped
accessible facilities. In the event that only one unit is needed it
shall be a handicapped accessible unit. An efficient, sanitary means
of disposing of waste matter deposited, which is in compliance with
all state and local laws and regulations, a lavatory with running
water under pressure and a continuous supply of soap and paper towels
shall be provided with each toilet.
(3)
A sanitary method of disposing of solid waste, in compliance with
state and local laws and regulations, sufficient to dispose of solid
waste production of the maximum number of people to be assembled at
a rate of at least 2 1/2 pounds of solid waste per day, together
with a plan for holding and a plan for collecting all such waste at
least once per day of the assembly and sufficient trash cans with
tight-fitting lids and personnel to perform the task.
(4)
Adequate emergency medical services, including physicians and nurses
licensed to practice in Wisconsin sufficient to provide the average
medical care enjoyed by residents of Wisconsin for the maximum number
of people to be assembled at the rate of at least one physician for
every 1,000 people and at least one nurse for every 1,500 people,
together with a designated area and enclosed covered structure where
treatment may be rendered, containing separately enclosed treatment
rooms for each physician, with at least one emergency ambulance available
for use at all times.
(5)
If the special event assembly is to continue during the hours of
darkness, illumination sufficient to light the entire area of the
assembly at a rate of at least five footcandles, but not to shine
unreasonably beyond the boundaries of the enclosed location of the
special event.
(6)
A parking area inside of the special event grounds sufficient to
provide adequate and safe parking space for the maximum number of
people to be assembled at the rate of at least one parking space for
every four persons or additional adequate and safe off-site parking
with written approval of the property owner.
(7)
Telephones connected to outside lines sufficient to provide service
for the maximum number of people to be assembled at the rate of at
least one separate line and receiver for each 1,000 persons. Cell
phones are acceptable.
(8)
If the special event assembly is to continue overnight, camping facilities
in compliance with all state and local requirements as set forth in
the Wisconsin Administrative Code and county or other local governmental
ordinances sufficient to provide camping accommodations for the maximum
number of people to be assembled.
(9)
Security guards approved by the Police Department, either regularly
employed, duly sworn, off-duty Wisconsin police officers or private
guards, licensed in Wisconsin, sufficient to provide adequate security
for the maximum number of people to be assembled at a rate of at least
one officer or guard for every 250 to 500 people. The Police Department
may require additional numbers of security or police officers, depending
upon the circumstances of the special event or type of special event.
(10)
Fire protection, including alarms, extinguishing devices, and
fire lanes and escapes, sufficient to meet all state and local standards
for the location of the special event assembly as set forth in the
Wisconsin Administrative Code and ordinances of this county and Village,
and sufficient emergency personnel to efficiently operate the required
equipment. The Fire Chief or his or her designee may require additional
manpower or equipment if the circumstances of the special event require
such.
(11)
All reasonably necessary precautions to ensure that the sound
of the special event assembly will not carry unreasonably beyond the
enclosed boundaries of the location of the special event assembly.
C.
Provide proof that the applicant has commercial general liability
insurance coverage covering the applicant and its agents and invitees
for any and all liability and naming the Village of Denmark as an
additional named insured with respect to the granting of this license.
Said coverage shall not be less than $1,000,000 combined single limit
for bodily injury and property damage.
A.
Application for a license to hold an actual or anticipated special
event shall be made in writing to the Clerk and/or Police Department
at least 30 days in advance of such special event assembly.
B.
The application shall contain a statement made upon oath or affirmation
that the statements contained therein are true and correct to the
best knowledge of the applicant and shall be signed and sworn to or
affirmed by the individual making application in the case of an individual,
natural human being, by all officers in the case of a corporation,
by all partners in case of a partnership or by all officers of an
incorporated association, society or group or, if there be no officers,
by all members of such association, society or group.
C.
The application shall contain and disclose:
(1)
The name, age, residence, and mailing address of all persons required to sign the application by Subsection B above and, in the case of a corporation, a certified copy of the articles of incorporation together with the name, age, residence, and mailing address of each person holding 10% or more stock of said corporation.
(2)
The address and/or legal description of all property upon which the
assembly is to be held together with the name, residence, and mailing
address of the record owners of all such property.
(3)
Proof of ownership of all property upon which the special event assembly
is to be held or a statement made upon oath or affirmation by the
record owners of all such property that the applicant has permission
to use such property for a special event.
(4)
The nature or purpose of the special event assembly.
(5)
The total number of days and/or hours during which the special event
assembly is to last.
(6)
The maximum number of persons which the applicant shall permit to assemble at any time, not to exceed the maximum number which can be reasonably assembled at the location of the special event assembly, in consideration of the nature of the special event assembly, or the maximum number of persons allowed to sleep within the boundaries of the location of the special event assembly by Chapter 315, Zoning, if the special event assembly is to continue overnight.
(7)
The maximum number of tickets to be sold, if any.
(8)
The plans of the applicant to limit the maximum number of people
permitted to assemble.
(9)
The plans for fencing the location of the special event assembly
and the gates contained in such fence.
(10)
The plans for supplying potable water, including the source,
amount available, and location of outlets.
(11)
The plans for providing toilet and lavatory facilities, including
the source, number and location, type, and means of disposing of waste
deposited.
(12)
The plans for holding, collecting, and disposing of solid waste
material.
(13)
The plans to provide for medical facilities, including the location
of the designated medical area and construction of a medical structure,
names and addresses and hours of availability of physicians and nurses,
and provisions for an emergency ambulance service.
(14)
The plans, if any, to illuminate the location of the special
event assembly, including the source and amount of power and the location
of lamps.
(15)
The plans for parking vehicles, including size and location
of lots, points of highway access, and interior roads, including routes
between highway access and parking lots.
(16)
The plans for telephone service, including the source, number,
and location of telephones.
(17)
The plans for camping facilities, if any, including facilities
available and their location.
(18)
The plans for security, including the number of officers and/or
guards, their deployment, and their names, credentials, and hours
of availability.
(19)
The plans for sound control and sound amplification, if any,
including number, location, and power of amplifiers and speakers.
(20)
The plans for food concessions and concessionaires who will
be allowed to operate on the grounds, including the names and addresses
of all concessionaires and their license or permit numbers.
D.
The application shall include the bond required and the license fee.
The application for a license shall be processed within 20 days
of receipt and shall be issued if all conditions are complied with
and a satisfactory site inspection by Village staff has been done.
Any violation of the conditions of the license would result in no
special event licenses for said location being issued for the next
six months.
The license may be revoked by the Clerk, Fire Chief, and/or
Police Department at any time if any of the conditions necessary for
the issuing of or contained in the license are not complied with,
or if any condition previously met ceases to be complied with.
A.
The provisions of this article may be enforced by injunction in any
court of competent jurisdiction.
B.
Holding a special event assembly in violation of any provision or
condition in this article shall be deemed a public nuisance and may
be abated as such.
C.
Enforcement of this article shall be the responsibility of the Police
Department. The Building Inspector or Fire Department may enforce
any provisions of this article relating to his or its position. Each
day the violation exists shall be considered a separate offense.
Reasons for denial of a special event license include, but are
not limited to:
A.
The event will disrupt traffic within the Village beyond practical
solution.
B.
The event will create a likelihood of endangering the public.
C.
The event will interfere with access to emergency services.
D.
The location or time of the special event will cause undue hardship
or excessive noise levels to adjacent businesses or residents.
E.
The event will require the diversion of Village resources that would
unreasonably affect the maintenance of regular Village service levels.
F.
The application contains incomplete or false information.
G.
The applicant fails to provide proof of insurance.
H.
Inadequate provisions for garbage or debris removal.
I.
Inadequate provisions for temporary restroom facilities.
J.
Inadequate provisions for parking.
Any license applicant under this article who is denied a license
by the Clerk and/or Police Department, or his or its designee, shall
have the right to appeal said denial.
A.
The applicant can appeal the denial within 10 days after receiving
notice of denial.
B.
The applicant must file an appeal, in writing, within said 10 days
with the Clerk and/or Police Department.
C.
Upon receipt of the appeal, the Clerk and/or Police Department shall
forward it, within two days (excluding Sundays and holidays), to the
Village Board.
D.
The Village Board shall then schedule a public hearing concerning
the appeal, which shall be held within 20 days of receipt of notice
of appeal by the Clerk and/or Police Department.
E.
The Village Board shall give the license applicant an opportunity
to be heard at the appeal.
(1)
If the applicant desires, he or she may be represented at the hearing
by counsel and may present witnesses in the applicant's behalf.
(2)
Within five days of the hearing, the Board shall make a decision
on the appeal and shall either uphold the denial of the Clerk and/or
Police Department or shall issue a license if the Board feels a license
is warranted.
(3)
If the Board issues a license, it may impose conditions on the license
in the same manner the Clerk and/or Police Department could do so
under this article.
(4)
If the applicant desires a verbatim transcript of the appeal hearing,
the applicant may request one at the applicant's expense.
