§ 86-38. Specific enforcement provisions; carnival parade organizations.

(a)

The violation of this article by carnival krewes, parading carnival organizations, other organizations organized or existing for the primary or dominant purpose of observing or participating in the carnival season and clubs or institutions which fall within the definition in section 86-1.5, and which would not otherwise than under the provisions thereof be considered as a "public accommodation" under this article shall not constitute a misdemeanor and shall not be subject to prosecution or punishment in the municipal court, unless the violation arises from the breach of a final, definitive and enforceable order of the commission or of an order embodying a conciliation agreement or unless the violation is the willful resistance, prevention, impedance, or interference with the commission or any of its agents or representatives in the performance of its duty under this article. Notwithstanding any other provisions of this article to the contrary, any violation of this article by carnival krewes, parading carnival organizations, other organizations organized or existing for the primary or dominant purpose of observing or participating in the carnival season and clubs or institutions which fall within the definition in section 86-1.5 and which would not otherwise than under the provisions thereof be considered as "public accommodation" under this article, or by the officers or agents of any body in their capacity as such, which does constitute a misdemeanor, shall be punishable only by a mandatory fine of not less than $100.00 and not more than $500.00 and shall not be punishable by imprisonment.

(b)

Neither the city nor the commission shall be obligated to initiate or intervene in any proceedings in any court for the purpose of enforcing this article or a final order of the commission against any carnival krewes, parading carnival organizations, other organizations organized or existing for the primary or dominant purpose of observing or participating in the carnival season and clubs or institutions which fall within the definition of section 86-1.5 and which would not otherwise than under the provisions thereof be considered as a "public accommodation" under this article, unless the violation arises from the breach of an order embodying a conciliation agreement or unless the violation is the willful resistance, prevention, impedance or interference with the commission or any of its agents or representatives in the performance of its duty under this article. Nothing in this section shall preclude any nonmunicipal party in interest from initiating such proceedings.

(c)

Whenever a court of competent jurisdiction issues an order of the court for the enforcement of this article or of an order of the commission directed to a carnival krewe, parading carnival organization, other organizations organized or existing for the primary or dominant purpose of observing or participating in the carnival season, or clubs or institutions which fall within that definition in section 86-1.5, then during any period when such order is effective, such organization shall not be granted a permit for a carnival parade during the carnival season, as required by section 34-2, unless a sworn affidavit is submitted with the permit application by the captain, president or officer of commensurate rank within the organization stating that the court order has been complied with and will continue to be complied with.

(d)

Whenever a court of competent jurisdiction issues an order of court for the enforcement of this article or of an order of the commission directed to a carnival krewe, parading carnival organization, other organizations organized or existing for the primary or dominant purpose of observing or participating in the carnival season, or clubs or institutions which fall within that definition in section 86-1.5, such organization shall not be granted an alcoholic beverage permit unless a sworn affidavit is submitted with the permit application by the captain, president or officer of commensurate rank within the organization stating that the court order has been complied with and will continue to be complied with. Subsection (d) shall not apply to an alcoholic beverage permit for a business which either holds or is applying for an occupational license issued by the department of finance, nor to temporary alcoholic beverage permits.

(e)

The submission of a sworn affidavit pursuant to subsections (c) or (d) of this section which contains false statements, in addition to being subject to any other penalty provisions for the making of false affidavits, shall be considered a misdemeanor punishable by a mandatory fine of not less than $100.00 and not more than $500.00.

(M.C.S., Ord. No. 19,278, § 1, 6-17-99)