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HomeMy WebLinkAboutPR 23789: TO CONSIDER A PERMIT APPLICATION FOR A CIRCUS nrt rthur Tews www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 29, 2024 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Director of Planning & Development Services Cc: Philip Vilardi, Building Official RE: P.R. No. 23789 —A resolution for City Council consideration of a Permit Application for a Circus. Introduction: City Council is being asked to approve P.R. NO. 23789 authorizing the issuance of a Permit to Apple Entertainment and Production Corp.-Delman Circus to set up and operate a big tent circus from June 7, 2024 — June 17, 2024, pursuant to Chapter 22, Article 3, Division 2 of the City of Port Arthur Code of Ordinances. Background: On or around May 21, 2024, a permit application was submitted on behalf of Apple Entertainment and Production Corp — Delman Circus to set up and operate a big tent (Circus) at 3100 F.M. Highway 365 (Central Mall), Port Arthur, Texas 77640. The event shall take place from June 7, 2024 — June 17, 2024, at the following times: Monday through Friday 7:30 p.m. Saturday 4:30 p.m. and 7:30 p.m. Sunday 1:30 p.m., 4:30 p.m., and 7:30 p.m. In accordance with Section 22-92, the City Council or any city resident filing a written request may ask for a Public Hearing to be held before considering the issuance of a permit for a "circus, street show, medicine show, carnival, sideshow or any other performance, including shows or exhibits in connection therewith. The applicant has provided all pertinent documentation related to their request per Chapter 22, Article III-Circuses and Similar Shows, of the City of Port Arthur Code of Ordinances. City Council approved Resolution No. 21-185, authorizing staff to accept their last permit application on May 11, 2021. The event took place from May 27, 2021, through June 7, 2021. Budget Impact: None Recommendation: It is recommended that City Council approve Proposed Resolution No. 23789, authorizing the issuance of a Permit to Apple Entertainment and Production Corp.- Delman Circus to set up and operate a big tent circus from June 7, 2024 — June 17, 2024, pursuant to Chapter 22, Article 3, Division 2 of the City of Port Arthur Code of Ordinances. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R.NO.23789 05/29/2024-PDL PAGE 1 OF 13 RESOLUTION NO. A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT FOR DELMAN CIRCUS PURSUANT TO CHAPTER 22, ARTICLE 3, DIVISION 2 OF THE CITY OF PORT ARTHUR CODE OF ORDINANCES. WHEREAS, a permit application has been filed on behalf of Delman Circus to hold a circus under their Big Top Tent in a portion of the Central Mall parking lot from June 7, 2024, through June 17, 2024, in the City of Port Arthur, with performances at 7:30 p.m. Monday through Friday, 4:30 p.m. and 7:30 p.m. on Saturday, and 1:30 p.m., 4:30 p.m., and 7:30 p.m. on Sunday; and, WHEREAS, in accordance with Section 22-91 to 22-92, City Council must authorize the issuance of a permit allowing "any circus, street show, medicine show, carnival, sideshow or any other performance, including shows or exhibits in connection therewith (Exhibit "A"); and, WHEREAS, the Delman Circus will present only human performers and will not include any animals, street shows, medicine shows, carnival, sideshow, or any other performance, including shows or exhibits in connection therewith as described in attachments included as Exhibit "B"; and, WHEREAS, the Delman Circus will not have any games of chance, mechanical rides, performing animals, any outside vendors, nor will any alcohol be sold or served; and, WHEREAS, the Delman Circus will provide its own dual generator-powered electrical service, necessary locally-rented portable restrooms, including handicapped accessible units, in-house security service equipped with cell phones to contact medical P.R.NO.23789 05129/2024-PDL PAGE 2 OF 13 emergency and local law enforcement, if necessary, and will receive any water service needed from Cental Mall; and, WHEREAS, in accordance with Section 22-92, the City Council or any city resident filing a written request may ask for a Public Hearing to be held before considering the issuance of a permit for a "circus, street show, medicine show, carnival, sideshow or any other performance, including shows or exhibits in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the facts and opinions in the preamble are true and correct. THAT City Council hereby authorizes a permit to be granted to the Delman Circus to perform in Port Arthur at a location in the Central Mall parking lot from June 7, 2024, through June 17, 2024. THAT authorization is subject to the provision of all necessary building codes, permits, and authorizations from the Fire Marshal regarding health and safety. THAT failure to comply with the building and fire code provision will negate the authorization. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of June, A.D. 2024, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCIL MEMBERS: P.R.NO.23789 05/29/2024-PDL PAGE 3 OF 13 NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: J s M. Black, Esq., In erim City Attorney APPROVED FO I ISTRATION: , ,d "Ron" B ' n, PM, ity n er :1/2 Pamela D. Langford, Assidant City Manager— Operations/ Director of Planning & Development Services P.R.NO.23789 05/2912024-PDL PAGE 4 OF 13 Exhibit "A" PART II -CODE OF ORDINANCES Chapter 22-BUSINESSES ARTICLE III.CIRCUSES AND SIMILAR SHOWS ARTICLE III. CIRCUSES AND SIMILAR SHOWS1 DIVISION 1. GENERALLY Secs. 22-71-22-90. Reserved. DIVISION 2. PERMIT Sec. 22-91. Permit required; information to be furnished. Every person in charge of any street show,circus, medicine show, carnival,side show,or any other performance, including shows and exhibits in connection therewith,shall apply to the community services department for a permit to show the same.The applicant for a permit shall file with the community services department,at least ten days in advance of the time at which it is proposed to give any circus,street show, medicine show,carnival,side show, or any other performance, including shows or exhibits in connection therewith,a complete program of such,and furnish to the community services department such additional information concerning the personnel and entire entertainment to be given as may be required by the community services department and in such form as may be satisfactory to him.To that end he may require the owners, agents,servants or employees to produce before him the nature,class, kind and character of entertainment to be given.The information shall be accompanied by a $1,000.00 bond, conditioned as required by the community services department. (Code 1961, § 13-36;Ord. No.00-60, § 2, 10-3-2000) Sec. 22-92. Hearing on application. After the filing of the application for permit,the community services department shall refer such application to the city council,which shall have the right to appoint a time and place for the purpose of inquiring into the entertainment offered by any circus, street show, medicine show,carnival,side show or any other performance, including shows or exhibits in connection therewith, at which time the owners, agents,servants or employees shall produce before the city council,the class, kind and character of the proposed entertainment to be given.Any person residing within the city may at such time file written protest against the showing of any such circus,street show, medicine show, carnival,side show,or any other performance, including shows or exhibits in connection therewith.At such hearing, if a majority of the council present at such hearing shall condemn such circus,street show, medicine show, carnivals,side show, or any other performance,or shows or exhibits in connection therewith, no permit therefor shall be issued by the city. 'Cross reference(s)—Streets,sidewalks and other public places,ch.94. State law reference(s)—Authority to regulate locations,V.T.C.A., Local Government Code§215.074;carrying firearms in public place, including places of amusements,V.T.C.A., Penal Code§§42.01,46.04. Port Arthur,Texas,Code of Ordinances Created: 2023-11-14 12:32:46 [EST] (Supp.No.44) Page 1 of 2 (Code 1961, § 13-37;Ord. No.00-60, § 2, 10-3-2000) Sec. 22-93. Delivery of authorization before issuance; tent shows prohibited in fire limits. The city shall not issue a permit to any person for the showing of any circus,street show,medicine show, carnivals, side show,or any other performance, or show or exhibit in connection therewith, unless the person applying therefor shall deliver to the community services department authorization by the city council for the issuance of such permit; provided further, no permit for the showing in a tent or other temporary structure of any circus,street show, medicine show, carnival,side show,or any other performance,or show or exhibit in connection therewith, regardless of name,class, kind or character,shall be issued where such is to be shown or exhibited within the fire limits of the city. (Code 1961,§ 13-38;Ord. No.00-60, §2, 10-3-2000) Sec. 22-94. Issued in name of city; no issuance without authorization. The community services department shall issue permits in the name of the city for the exhibition of any circus,street show, medicine show,carnival,side show,or any other performance,or any show or exhibit in connection therewith, but no permit shall be issued in the name of the city upon any application unless the community services department is duly authorized by the city council. (Code 1961, § 13-39;Ord. No.00-60, §2, 10-3-2000) Sec. 22-95.Taxes and charges to be paid. The community services department shall not issue an occupation tax receipt or any license or permit to any person for the showing of any circus,street show, medicine show,carnival,side show,or any other performance, or show or exhibit in connection therewith, unless such person applying therefor shall first have paid all permit fees and other charges due the city thereon. (Code 1961,§ 13-40;Ord. No.00-60, § 2, 10-3-2000) Secs. 22-96-22-130. Reserved. Created: 2023-11-14 12:32:46 [EST] (Supp.No.44) Page 2 of 2 P.R.NO.23789 0512912024-PDL PAGE 7 OF 13 Exhibit " B " r•` rn N CIRCUS_CARNIVAL_STREET SHOW_OTHER V?: rthur PERMIT#: 1ru. APPROVED BY. CITY OF PORT ARTHUR, TEXAS 3004th Street*Port Arthur,TX 77640 DATE ISSUED: Phone:409-983-8261 ALL PERMITS ISSUED UNDER CHAPTER 22,ARTICLE III,FOR CIRCUSES AND SIMILAR SHOWS MUST BE APPROVED BY CITY COUNCIL DATES OF EVENT: June 7 20 24 TO June 17 , 2024 Date of Public Hearing/Proposed Resolution: City Council decision: Applicant Information: Name of Person or Organization Sponsoring the Event: Jorge Del Manzano Jorge Del Manzano 956-620-1113 Circus manager Contact Information: Mizrraim Jesse Medrano 956-624-6465 Permits manager Name of Corporation: Apple Entertainment and productions Corp Address 24010 Landing Way Dr City Spring TX 77373 Circus Manger 956-620-1113 Phone Permits manager 956-624-6465 Email delmancircus@gmail.com Event Location: Central Mall 3100 Highway 365 Port Arthur TX 77642 List all shows, rides, booths and other attractions/ businesses: 1. Tent to Feature a Live Circus show 6. 2. One Concession Trailer 7, 3. 8. 4. 9. 5. 10. (Attach additional sheets if needed) Attach: • Affidavit/Statement as to solvency and responsibility of owner as to the kind of character of shows and attractions will be provided to the community through this event. • Provide proof of bond or liability insurance • Letter of property owner permission granting the use of their property for the event. I, the undersigned, agree to conduct the carnival and all shows, attractions and exhibits in a decent orderly law-abiding manner, and that all information provided herein is true and correct. 4/29/24 Applicant Signature Date Revised 04/2021 Star= Emergency Light location 1. Exit Door Size is about 8 ft 2. Aisle With is about 8 ft 3. Aisle With between Red & Blue chairs is about 5 Ft 4. Emergency lights locations identifiet ith the stars. 5. Distance from red section to the Exit is about 20 ft SX ,,..�r.�., 04st 6. Crowd Control Will be * �74 provided. y ii , . Pai /el AISLE=ftiiimp. ,......(- Q� AISLE s`� PUBLIC , ,(r )STAGE ARTIST * ENTRANCE Q ENTRANCE l':' . AISLE "Irefit � 1 ‘44:4.% AISlENt, c•ki iloillilalll ',1"‘ '. ,i Ss tArir. Too ,Iiiict It it Maximum capacity: F' 600 Attendees (ZC8):131 ' NSIS3a _ DN1213A3AVolsn9nv NOI53O '8 9NI14Vt1O r �0 1110 '9 i i :ss3aaav 1 S N V1 d 1 1! !la : Hid 3NM0 E 9 ! w z o / morlig"-- '� Attal CI NAIMi U W S ' ri m 0., hH : °° a a /�/ /�isi I 1 '/ t, .. . Tr _■�F, 77ma -nium a :re ``= �, \��� �\ R w \ � W I I \\ . � I 7 I 1 L a �` § a I_ N T 4 )f‘t144,`_� QU `4 . o_U Li.; -....i. 4,,,,, '.?" t 'bk— ..---14-41""'"'"•%A 1 74‘, .._-. 111.,4*--As _iiii; ,/ 1 ra--..._ I \''4 ligt- -I `\\ I. P.- ll i .;I 1 1 0 0.I.I 107)% iMic...4,444,t It 44, ikt 4 ,r, L L _ PI I - F7 - t -- - � _ M R _ _ a. S II E 365>ParkingI r ,; si ,lt - • ,, I *t . , ill. - % . ...: 7 ,, .. . 1 ', tir fi z ilk,.%%.t ,..: :-,, 1 ? .. .., ,-.' . JiTLRT, .;, ' * e wit APF 4. ti t ,'4°4 ' ' a , r f '}X- t ..... #_ Ik. tiC. k f_ 'tk S { % ' - - r ji I . Fashio t� 717 ' / `fiends".de ��° ` ,17 % ' ' .116 t4 ,r NWI .- Capital One Bank � '�. f r 4 / `A >-. r r• #' 4 .« e U 4 a i 5 I ° 4 V GENERATOR $tA DEPARTIkArt c+►i- 1FIRE PROT4,444; CAL FIRE SINCE 1885 CALIFORNIA DEPARTMENT OF FORESTRY and FIRE PROTECTION OFFICE OF THE STATE FIRE MARSHAL REGISTERED FLAME RESISTANT PRODUCT Product: Registration No. MEGAFLEX 800 F-87001 Product Marketed By: MEMBRANAS PLASTICAS INTERNACIONALES, S.A KM. 10 .5 CARPET. SAN LUIS, MEXICALI SAJA CALIFORNIA, MEXICO This product meets the minimum requirements of flame resistance established by the California State Fire Marshal for products identified in Section 13115,California Health and Safety Code. The scope of the approved use of this product is provided in the current edition of the CALIFORNIA APPROVED LIST OF FLAME RETARDANT CHEMICALS AND FABRICS,GENERAL AND LIMITED APPLICATIONS CONCERNS published by the California State Fire Marshal. Escaneado con CamS AC n DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/1/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT SERGIO MALDONADO ON THE ROAD INSURANCE (arc°.No.Eat): (818)849-5315 FAX (A/C. (866)375-1560 16225 Devonshire Street E-MAIL coirequest@ontheroadins.com Granada Hills, CA 91344 INSURER(S)AFFORDING COVERAGE NAICa License#:0192456 INSURER A: CAPITOL INSURANCE INSURED INSURER B: APPLE ENTERTAINMENT AND PRODUCTIONS CORP INSURER C: DBA:DELMAN CIRCUS INSURER D: 24010 LANDING WAY DR INSURERE: SPRING,TX 77373 TX 77373 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR PO W M/LICY EFF POLICY EXP LIMITS LTR INSD VD POLICY NUMBER (MDD/YYYY) (MMIDD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $ 500,000 MED EXP(Any one person) $ 15,000 A CCD-001254 3/18/2024 3/18/2025 PERSONAL SADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _$ 2,000,000 POLICY 'E LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LIAB CLAIMS-MADE, CCD-001254 3/18/2024 3/18/2025 AGGREGATE $ 1,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PROOF OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA E • dalAVX1014,10 ©1988-20 1 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD