Attachment I
Bylaw 12617, A Bylaw to Amend Bylaw 6124, Being the License Bylaw
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CITY OF EDMONTON
BYLAW 12617
LICENSE BYLAW AMENDMENT NO. 33
1.Bylaw 6124, City of Edmonton License Bylaw, is amended by this bylaw.
2.Section 102(26) is repealed.
3.Section 521 is repealed and the following is substituted:
DANCE EVENTS
521In sections 521 to 521.16 inclusive:
a)“After Hours Dance Permit” means a permit issued pursuant to this bylaw;
b)“City” means the City of Edmonton;
c)“City Manager” means the chief administrative officer of the City or his delegate;
d)“Dance Event” means a commercial event, open to members of the public, with or without a charge for admission, featuring dancing to live or recorded music;
e)“Dance Event Permit” means a permit issued pursuant to this bylaw;
f)“Dance Facility License” means a license issued pursuant to this bylaw;
g)“Premises” means a parcel of land and includes any buildings or structures on the land;
521.1No person shall conduct or allow a Dance Event to take place on a Premises unless:
a)a Dance Facility License has been issued for the Premises; or
b)a Dance Event Permit has been issued for the Dance Event.
521.2(1)Applications for a Dance Facility License must be submitted to the City Manager.
(2)The City Manager must refer all such applications to those agencies deemed necessary to ensure the Premises is properly zoned for the activity and all relevant health and safety concerns are addressed.
(3)The City Manager may issue a Dance Facility License only if satisfied the Premises is properly zoned for the activity and there are no relevant health or safety concerns.
(4)The annual fee for a Dance Facility License is $75.00.
521.3(1)Applications for a Dance Event Permit must be submitted to the City Manager at least 30 days before the proposed event.
(2)All such applications must include:
a)the name of an individual to be responsible as the event co-ordinator;
b)a non-refundable application fee of $250.00;
c)the proposed venue for the event;
d)the proposed days and hours of operation for the event;
e)a copy of the contract with the operator of the venue, unless the operator is the applicant;
f)the maximum number of proposed attendees, including staff, to be allowed at the event;
g)the proposed security plans for the event including the number of personnel and their qualifications;
h)the proposed medical/safety plans for the event including the number of personnel and their qualifications;
i)the proposed noise control plans for the event including volume levels of music, power of the music system, sound insulation within buildings, location of any exterior line-ups, maximum numbers of people to be in line, security personnel monitoring line-ups, and the exit and return policy for patrons.
(3)The City Manager must refer all such applications to those agencies deemed necessary to ensure the Premises is properly zoned for the activity and all relevant health, safety and public nuisance concerns are addressed.
(4)The City Manager may issue a Dance Event Permit only if satisfied the Premises is properly zoned for the activity and there are no relevant health, safety or public nuisance concerns.
(5)Prior to issuing a Dance Event Permit the City Manager may require a deposit in an amount sufficient to offset the anticipated costs of any services to be provided by the City.
521.4The following conditions must be included on and form part of every Dance Event Permit:
a)permitted days and hours of operation;
b)maximum number of attendees, including staff, to be on the Premises;
c)compliance with an approved security plan;
d)compliance with an approved medical/safety plan;
e)compliance with an approved noise control plan;
f)compliance with the provisions regarding patron management outlined in section 521.16;
g)unrestricted patron access to a supply of fresh running water at no charge; and
h)unrestricted patron access to an indoor cool off area where dancing is not permitted.
521.5No person shall conduct or allow a Dance Event to take place in contravention of any condition on a Dance Event Permit.
521.6No person shall conduct or allow a Dance Event to take place on a Premises between the hours of 2:00 a.m. and 8:00 a.m. unless:
a)an After Hours Dance Permit has been issued for the Premises; or
b)it is permitted by a Dance Event Permit.
521.7(1)Applications for an After Hours Dance Permit must be submitted to the City Manager.
(2)All such applications must include:
a)evidence of a valid and subsisting Dance Facility License for the Premises;
b)the proposed noise control plans for the Premises including volume levels of music, power of the music system, sound insulation within buildings, location of any exterior line-ups, maximum numbers of people to be in line, security personnel monitoring line-ups, and the exit and return policy for patrons.
(3)The City Manager may issue an After Hours Dance Permit only if satisfied there are no relevant public nuisance concerns.
(4)The annual fee for an After Hours Dance Permit is $150.00.
521.8The following conditions must be included on and form part of every After Hours Dance Permit:
a)compliance with an approved noise control plan;
b)compliance with the provisions regarding patron management outlined in section 521.16;
c)unrestricted patron access to a supply of fresh running water at no charge; and
d)unrestricted patron access to an indoor cool off area where dancing is not permitted.
521.9No person shall conduct or allow a Dance Event to take place in contravention of any condition on an After Hours Dance Permit.
521.10No person under the age of 16 years shall be permitted on the Premises at a Dance Event.
521.11A person who fails to comply with or contravenes section 521.1, 521.5, 521.6, 521.9 or 521.10 is guilty of an offence.
521.12A person found guilty of an offence is liable to a fine in an amount not less than established by this bylaw as follows:
a)Section 521.1 (a)$ 250.00
b)Section 521.1(b)$2,000.00
c)Section 521.5$2,000.00
d)Section 521.6$1,000.00
e)Section 521.9$1,000.00
f)Section 521.10$1,000.00
521.13(1)The City Manager may, after a hearing, suspend a Dance Facility License or an After Hours Dance Permit for any period of time up to 12 months if the City Manager has reasonable grounds to believe a suspension is merited by concerns about health, safety or public nuisance.
(2)An After Hours Dance Permit is automatically suspended, without a hearing, for one month if as a result of Dance Events conducted pursuant to the permit:
a)there is a second conviction pursuant to the City’s Noise Bylaw; or
b)there is a second conviction pursuant to this bylaw for failing to comply with a permit condition.
(3)An After Hours Dance Permit is automatically suspended, without a hearing, for three months if as a result of Dance Events conducted pursuant to the permit:
a)there is a third conviction pursuant to the City’s Noise Bylaw; or
b)there is a third conviction pursuant to this bylaw for failing to comply with a permit condition.
521.14(1)The City Manager may, after a hearing, revoke a Dance Facility License or an After Hours Dance Permit if the City Manager has reasonable grounds to believe a revocation is merited by concerns about health, safety or public nuisance.
(2)An After Hours Dance Permit is automatically revoked, without a hearing, if as a result of Dance Events conducted pursuant to the permit:
a)there is a conviction pursuant to the City’s Noise Bylaw for a contravention subsequent to an automatic three month suspension; or
b)there is a conviction pursuant to this bylaw for failing to comply with a permit condition occurring subsequent to an automatic three month suspension.
521.15(1)If an application for a Dance Facility License, Dance Event Permit on After Hours Dance Permit is refused by the City Manager the applicant may appeal the refusal to the Community Services Committee.
(2)Any such appeal must be commenced by providing the City with written notice within 15 days of the refusal.
(3)On appeal the Community Services Committee may confirm or overturn the refusal of the City Manager.
(4)A suspension or revocation may not be appealed.
521.16The following provisions regarding patron management apply as a condition to all Dance Event Permits and After Hours Dance Permits:
a)Refusing entry to persons who appear to be intoxicated or under the influence of drugs;
b)Removing persons whose behaviour becomes quarrelsome, riotous or disorderly;
c)Removing persons who are involved in illegal activities such as drug possession or trafficking;
d)Refusing entry to persons who have been removed from the premises repeatedly;
e)Reporting illegal activities such as drug possession or trafficking to the Edmonton Police Service; and
f)Refusing entry to persons identified by the Edmonton Police Service who, within the past two years, have been convicted of drug trafficking or drug possession for the purposes of trafficking.
4.License Category 25 in Schedule A is repealed.
5.This bylaw comes into effect 30 days from the date it is signed.
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SIGNED AND PASSED
CITY OF EDMONTON
MAYOR
CITY CLERK
Attachment 1 – Page 1 of 7