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O-78-544 - 6/22/1978ORDINANCE NO. 4"`t` AN ORDINANCE REQUIRING A PERMIT TO OPERATE OR CON- DUCT A THEATRICAL PERFORMANCE, MEDICINE SHOW, CAR- NIVAL, TENT SHOW, OR CIRCUS; PROVIDING FOR THE CHIEF OF POLICE TO ISSUE PERMITS; PROVIDING FOR INFORMATION TO BE INCLUDED IN THE APPLICATION; PROVIDING FOR A FEE; PROVIDING FOR AN INVESTIGATION BY THE CHIEF OF POLICE AND APPEAL TO THE CITY COUNCIL; PROVIDING FOR REVOCATION OF PERMITS IN CERTAIN SITUATIONS; PROVIDING AN EXEMPTION FOR CHARITABLE AND CIVIC ORGANIZATIONS; PROVIDING FOR A PENALTY; REPEALING CONFLICTING ORDI- NANCES AND PROVIDING FOR A SAVINGS CLAUSE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT; Sec. I. It shall be unlawful for any person, corporation or any other entity or organization to conduct, operate or as- sist in conducting or operating any theatrical performance, medicine show, carnival, tent show or circus without first having obtained a permit as herein provided. Sec. 2. Any person desiring to hold, conduct, or maintain any theatrical performance, medicine show, carnival, tent show or circus within the city shall make application in writing to the Chief of Police for a permit to hold such theatrical perfor- mance, medicine show, carnival, tent show or circus within the city, at least ten (10) days prior to the date said show is to be given. Sec. 3. The application for permit shall be made under oath by the person who either owns or shall be responsible for such presentation within the city and shall contain the following; (1) The name and permanent address of the person making such application. (2) The names and permanent address of the owners of the: show sought to be presented. (3) The name, sex, age and permanent address of all participants therein. (4) A. list by name and description of all shows, rides, booths and other attractions operated in con- nection therewith. (5) A statement of any admission charges to be made. (6) A description of the property where such pro- posed show is to be located. (7) The dates and number of performances to be given, including the hours during which such show is to be opened. (8) A statement that the operator agrees to conduct the presentation and all attractions and exhibits there- in in a decent, orderly and law-abiding way. Sec. 4. No permit shall be granted until the fees therefor have been paid. Such fees shall be twenty-five dollars ($25.00) for the first day and ten dollars ($10.00) for each additional day. Sec. 5. The Chief of Police shall make an investigation after the filing of such application to determine whether or not the proposed performance is in conflict with any of the provisions of this ordinance, or the laws of this State. If the Chief of Police determines that a permit should be denied, his decision may be appealed to the City Council by filing a request for a hearing with the City Secretary. Sec. 6. All permits granted under this ordinance shall be subject to revocation by the Chief of Police or the City Council should it be ascertained that there was a mistake made in issuing such permit or that it is being given in violation of this ordi- nance or the laws of the State, or that there has been a misre- presentation or concealment of any material fact concerning the character or quality of the medicine show; carnival, tent show, circus, or theatrical performance. Sec. 7. This article shall not be applicable to charitable or civic affairs given for purely charitable or civic purposes. Sec. 8. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than $200.00. Sec. 9. All ordinances, parts of ordinances or resolutions in conflict: herewith are expressly repealed, Sec. 10. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. (Mark through the following alternative that is not applicable) Alternative 1. By motion—duly made, seconded and passed with an affirm- ative vote of all the Councilmembers present, the re uirement for reading this ordinance on two sep. e s was dispensed with. READ, PASSED, PTED on first reading this of , 1978. Alternative 2. RAD and APPROVED on first reading this the 4119 , 1978. day of READ, APPROVED and ADOPTED on second reading this the day of ;e , 1978. ATTEST: aArYdrW,) a/7204.1 JO NE LAND, City Secretary TTON, Mayor !City of Round Rock, Texas