Section 6: Township board approval; conditions; insurance

Within 30 days after the application is filed, the township board must:

a. Issue a license,

b. Issue a license subject to specified conditions, or

c. Deny a license.

The township board may require that adequate security or insurance be provided before a license is issued. Where conditions are imposed as prerequisite to the issuance of a license, or where a license is denied, notice must be mailed to the applicant by certified mail within five days after the board’s decision. In the case of denial, the reasons for the denial must be stated in the notice. 

Section 7: Denial

A license may be denied if:

1. The applicant fails to comply with any or all requirements of this ordinance, or with any or all conditions imposed by the license, or with any other applicable provision of state or local law; or,

2. The applicant has knowingly made a false, misleading or fraudulent statement in the application or in any supporting document.

Section 8: License; posting on premises

A license must specify the name and address of the licensee, the kind and location of the assembly, the maximum number of attendants permissible, the duration of the license, and any other conditions imposed by the township. A license must be posted in a conspicuous place on the premises of the assembly and cannot be transferred to any other person or location. 

Section 9: Minimum requirements

All licenses will, at a minimum, require the following: 

Security Personnel—The licensee is responsible for employing such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of attendants at the assembly and for the preservation of order and protection of property in and around the site of the assembly. No license shall be issued unless the (police chief, director of public safety, sheriff, state police commander) is satisfied that such necessary and sufficient security personnel will be provided by the licensee for the duration of the assembly. 

Water Supply—The licensee shall provide sufficient potable water for drinking, cooking, washing and other water-using facilities for peak demand conditions.  

Restroom Facilities—The licensee shall provide sufficient toilet facilities or portable toilets, handwashing stations, and drinking water facilities. The number and type of facilities required shall be determined, on the basis of the number of attendants, in the following manner:  

Facilities                 Male                       Female

Toilets                   1:300                  1:200

Urinals                   1:100                  1:100

Lavatories              1:200                  1:200

Drinking Fountains    1:500                  1:500

Where the licensee allows attendants to remain on the premises between the hours of 2 a.m. and 6 a.m., the licensee shall provide shower facilities, on the basis of the number of attendants, in the following manner:            

Facilities                Male                    Female

Shower Heads         1:100                  1:100

All facilities shall be installed, connected, and maintained free from obstructions, leaks and defects and shall at all times be in operable condition as determined by the (county public health department, township department of public works). 

Food Service—If food service is made available on the premises, it shall be delivered only through concessions operated in accordance with the temporary food establishment provisions of the Michigan Food Law of 2000, MCL 289.1101, et seq.; applicable rules and regulations, including R 285.558, et seq., Temporary Food Establishments; and any other applicable provision of state or local law. 

If the assembly is distant from food service establishments open to the public, the licensee must make such food services available on the premises as will adequately feed the attendants. 

Medical Facilities—If the assembly is not readily and quickly accessible to adequate existing medical facilities, the licensee shall be required to provide such facilities, including cooling tents or facilities, on the premises of the assembly.  

Liquid Waste Disposal—The licensee shall provide for liquid waste disposal in accordance with all the rules and regulations established by the (county public health department, township department of public works), of the Public Health Code, Part 127: Water Supply and Sewer Systems, MCL 333.12701, et seq.; the Natural Resources and Environmental Protection Act, Part 117: Septage Waste Servicers, MCL 324.11701, et seq.; applicable rules and regulations, and any other applicable provision of state or local law.   

If liquid waste retention and disposal requires septage waste servicers, they shall be licensed in accordance with the Natural Resources and Environmental Protection Act, Part 13: Permits, MCL 324.1301, et seq., applicable rules and regulations, and any other applicable provision of state or local law. The licensee shall provide the (township clerk, county public health department, township department of public works) with a true copy of an executed agreement with a licensed septage waste servicer for the proper, effective, and frequent removal of liquid wastes from the premises to prevent a nuisance or threat to the public health. 

Solid Waste Disposal—The licensee shall provide for solid waste storage on, and removal from, the premises in accordance with the Natural Resources and Environmental Protection Act, Part 115: Solid Waste Disposal, MCL 324.11501, et seq., applicable rules and regulations, and any other applicable provision of state or local law.

Storage shall be in approved, covered, fly-tight and rodent-proof containers, provided in sufficient quantity to accommodate the number of attendants. Prior to issuance of any license, the licensee shall provide the  (township clerk, county public health department, township department of public works) with a true copy of an executed agreement with a licensed refuse collector for the proper, effective, and frequent removal of solid waste from the premises to prevent a nuisance or threat to the public health. 

The licensee shall implement effective control measures to minimize the presence of rodents, flies, roaches and other vermin on the premises. Poisonous materials, such as insecticides or rodenticides shall not be used in any way so as to contaminate food, equipment, or otherwise constitute a hazard to the public health.

Solid waste containing food water shall be stored so as to be inaccessible to vermin. The premises shall be kept in such condition as to prevent the harborage or feeding of vermin. 

Public Bathing Beaches—Public bathing beaches shall be provided only in accordance with the Public Health Code, Part 125: Campgrounds, Swimming Areas and Swimmer’s Itch, MCL 333.12501, et seq. and the Natural Resources and Environmental Protection Act, Part 801, MCL 324.80198b, applicable rules and regulations, and any other applicable provision of state or local law. 

Public Swimming Pools—Public swimming pools shall be provided only in accordance with the Public Health Code, Part 125: Campgrounds, Swimming Areas and Swimmer’s Itch, MCLs 333.12521-MCL 333.12534, applicable rules and regulations, and any other applicable provision of state or local law. 

Access and Traffic Control—The licensee shall provide for ingress to and egress from the premises so as to insure the orderly flow of traffic onto and off of the premises. Prior to the issuance of a license, the (police chief, county road commission, county sheriff, state police, Michigan Department of Transportation) must approve the licensee’s plan for access and traffic control. 

Parking—The licensee shall provide a parking area sufficient to accommodate all motor vehicles, with at least one automobile space for every four attendants. 

Camping and Trailer Parking—A licensee who permits attendants to remain on the premises between the hours of 2 a.m. and 6 a.m. shall provide for camping and trailer parking and facilities in accordance with the Public Health Code, Part 125: Campgrounds, Swimming Areas and Swimmer’s Itch, MCL 333.12501, et seq., and the Michigan Department of Community Health rules regarding sanitation and safety standards for campgrounds and public health. 

Lighting—The licensee shall provide lighting of all occupied areas sufficient to ensure safety and comfort of all attendants. The licensee’s lighting plan shall be approved by the (township ordinance enforcement officer, police chief, county sheriff, state police) 

Insurance—Before the issuance of a license, the licensee shall obtain public liability insurance with limits of not less and $100,000/$300,000 (select appropriate figure) and property damage insurance with a limit of not less and $25,000 (or select appropriate amount) from a company or companies approved by the Commissioner of Insurance of the State of Michigan, which insurance shall insure liability for death or injury to person or damage to property which may result form the conduct of the assembly or conduct incident thereto and which insurance shall remain in full force and effect in the specified amounts for the duration of the license.

The evidence of insurance shall include an endorsement to the effect that the insurance company shall notify the clerk of ____________Township in writing at least 10 days before the expiration or cancellation of said insurance. 

Bonding—Before the issuance of a license, the licensee shall obtain, from a corporate bonding company authorized to do business in Michigan, a corporate surety bond in the amount of $10,000/ $50,000/$100,000 (select appropriate figure) in a form to be approved by the township attorney, conditioned upon the licensee’s faithful compliance with all of the terms and provisions of this ordinance and all applicable provisions of state or local law, and which shall indemnify the township, its agents, officers, and employees and the board against any and all loss, injury or damage whatever arising out of or in any way connected with the assembly and which shall indemnify the owners of property adjoining the assembly site for any costs attributable to cleaning up and/or removing debris, trash, or other waste resultant from the assembly. 

Fire Protection—The licensee shall, at its own expense, take adequate steps as determined by the (fire chief, township fire marshal, state fire marshal) to ensure fire protection. 

Noise Control—Sound-producing equipment, including, but not limited to, public address systems, speaker systems, radios, live or broadcast musical instruments, or other live, electronic, mechanical or broadcast sound or music devices shall not be used or operated on the premises of the assembly so as to cause or create any sound or noise in such a manner or with such volume as to unreasonably upset or disturb the quiet, comfort or repose of other persons between the hours of 10 p.m. and 7 a.m. (or specify other times or “at all times”).  

Fencing—The licensee shall erect a fence completely enclosing the site, of sufficient height and strength to prevent persons in excess of the maximum permissible attendants from gaining access, and that has sufficient gates properly located to provide ready and safe ingress and egress. 

Communications—The licensee shall provide public telephone equipment for general use on the basis of at least one unit for each 1,000 attendants. 

Miscellaneous—Prior to issuance of a license, the board may impose any other condition(s) reasonably calculated to protect the health, safety, welfare and property of attendants or of citizens of the township. 

Section 10:  Revocation

The board may revoke a license whenever the licensee, or the licensee’s employee or agent fails, neglects or refuses to fully comply with any and all provisions and requirements set forth herein or with any and all provisions, regulations, ordinances, statutes, or other laws incorporated herein by reference. 

Section 11:  Violations

It shall be unlawful for a licensee, his employee, or agent, to knowingly: 

1. Advertise, promote or sell tickets to, conduct, or operate an assembly without first obtaining a license as herein provided.

2. Conduct or operate an assembly in such a manner as to create a public or private nuisance.

3. Conduct or permit, within the assembly, any obscene display, exhibition, show, play, entertainment or amusement.

4. Permit any person on the premises to cause or create a disturbance in, around, or near the assembly by obscene or disorderly conduct.

5. Permit any person to unlawfully consume, sell, or possess, intoxicating liquor while on the premises.

6. Permit any person to unlawfully use, sell, or possess any narcotics, narcotic drugs, drugs or other controlled substances as defined by state law.

Any of the above enumerated violations is a separate offense, is a nuisance per se immediately enjoinable in the circuit courts, and, is punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $100, or by both such fine and imprisonment. 

It is further provided that any of the above violations is a sufficient basis for revocation of the license and for the immediate enjoining in the circuit court of the assembly. 

Section 12:  Severability

If any portion of this ordinance or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of this ordinance which can be given effect without the invalid portion or application, provided such remaining portions are not determined by the court to be inoperable, and to this end this ordinance is declared to be severable. 

Section 13: Repealer

All ordinances or parts of ordinances inconsistent with this ordinance are repealed. 

Section 14:  Effective Date

This ordinance shall take effect on  ________________, 20__.  

The purpose of this sample ordinance is to provide a suggested guideline for the types of items that should be included within an ordinance. Certainly, no sample ordinance should be used unless, after careful review, it is the professional judgment of your legal counsel that using the sample will accomplish the particular objectives and intentions of your township. Although these sample ordinances are the result of much thought and effort, neither the authors nor the Michigan Townships Association assumes any responsibility for the results of using these samples word-for-word in individual cases.