§ 16-41-22-10 — Conditions for licensing

Indiana § 16-41-22-10

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 22: Health, Sanitation, and Safety: Mass Gatherings

Text

(a) Before an applicant may be issued a
license, the applicant must comply with this section.
(b) The applicant must determine the maximum number of people
that will be assembled or admitted to the location of the assembly. The
maximum number may not exceed the maximum number that can
reasonably assemble at the location of the assembly. If the assembly is
to continue overnight, the maximum number is not more than is
allowed to sleep within the boundaries of the location of the assembly
by zoning or health ordinances of the unit.
(c) The applicant must provide proof of the following:
(1) Food concessions will be in operation on the grounds with
sufficient capacity to accommodate the number of persons
expected to be in attendance.
(2) The applicant, at the applicant's own expense, before the
assembly commences, will do the following:
(A) Furnish potable water that meets the following conditions:
(i) Meets all federal and state requirements for purity.
(ii) Is sufficient to provide drinking water for the maximum
number of people to be assembled at the rate of at least one
(1) gallon per person per day and water for bathing at the rate
of at least ten (10) gallons per person per day.
(B) Furnish separate, enclosed toilets for males and females
that meet the following conditions:
(i) Meet all state and local specifications.
(ii) Are conveniently located throughout the grounds.
(iii) Are sufficient to provide facilities for the maximum
number of people to be assembled, at the rate of at least one
(1) toilet for every one hundred fifty (150) females and at
least one (1) toilet for each two hundred (200) males.
(C) Furnish a lavatory with running water under pressure and
a continuous supply of soap and paper towels with each toilet.
(D) Provide, together with the toilets, an efficient, sanitary
means of disposing of waste matter deposited in compliance
with all state and local laws and rules.
(E) Provide a sanitary method of disposing of solid waste, in
compliance with state and local laws and rules, sufficient to
dispose of the solid waste production of the maximum number
of people to be assembled, at the rate of at least two and
one-half (2 1/2) pounds of solid waste per person per day.
(F) Provide a plan for holding and collecting all solid waste at
least one (1) time each day of the assembly and provide
sufficient trash cans with tight fitting lids and personnel to
perform the task.
(G) Provide physicians and nurses licensed to practice in
Indiana, at the rate of at least one (1) physician for every ten
thousand (10,000) people and at least one (1) nurse for every
five thousand (5,000) people anticipated to be assembled, with
one-half (1/2) of the physicians and nurses to be on the site for
which the license has been issued and the other one-half (1/2)
to be readily available.
(H) Provide an enclosed covered structure where treatment may
be provided containing a separately enclosed treatment room
for each physician.
(I) Provide at least one (1) emergency ambulance available at
all times.
(J) If the assembly is to continue during hours of darkness,
provide illumination sufficient to light the entire area of the
assembly at the rate of at least five (5) foot candles. However,
the illumination may not shine unreasonably beyond the
boundaries of the location of the assembly.
(K) Provide a free parking area inside the assembly grounds
sufficient to provide parking space for the maximum number of
people to be assembled, at the rate of at least one (1) parking
space for every four (4) persons.
(L) Provide telephones connected to outside lines sufficient to
provide for the maximum number of people to be assembled, at
the rate of at least one (1) separate line and receiver for each
one thousand (1,000) people.
(M) If the assembly is to continue overnight, provide camping
facilities in compliance with all state and local requirements,
sufficient to provide camping accommodations for the
maximum number of people to be assembled.
(N) Provide security guards:
(i) who are either regularly employed, duly sworn, off duty
law enforcement officers or private guards licensed in
Indiana; and
(ii) sufficient to provide adequate security for the maximum
number of people to be assembled, at a rate of at least one (1)
security guard for each seven hundred fifty (750) people.
(O) Provide fire protection that meets the following conditions:
(i) Includes alarms, extinguishing devices, fire lanes, and
escapes.
(ii) Is sufficient to meet all state and local standards for the
location of the assembly.
(iii) Includes sufficient emergency personnel to operate
efficiently the required equipment.
(P) Take all reasonably necessary precautions to ensure that the
sound of the assembly will not carry unreasonably beyond the
enclosed boundaries of the location of the assembly.
(Q) File a bond with the clerk of the unit in which the assembly
is to gather. The bond must meet the following conditions:
(i) Be either in cash or underwritten by a surety agent
licensed to do business in Indiana.
(ii) Be issued at the rate of four dollars ($4) per person for the
maximum number of people permitted to assemble.
(iii) Indemnify and hold harmless the unit or the unit's agents,
officers, or employees from any liability or causes of action
that might arise by reason of granting the license and from
any cost incurred in cleaning up any waste material produced
or left by the assembly.
(iv) Guarantee the state the payment of any taxes that accrue
as a result of the gathering.
(v) Guarantee reimbursement of ticketholders if the event is
canceled.
(vi) Guarantee repayment to any unit for actual expenses of
repair or replacement of property owned by the unit or for
which the unit is responsible.
[Pre-1993 Recodification Citation: 16-1-42-3.]

Legislative History

As added by P.L.2-1993, SEC.24.