Corona Municipal Code Ch. 5.30 Outdoor Festivals

"Outdoor festival" means any music festival, dance festival, rock festival or similar musical activity at which music is provided by paid or amateur performers or by pre-recorded means, which is held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of conducting such activities or similar activities and to which members of the public are invited or admitted for a charge or free of cost.

(`78 Code, § 5.30.010.)

No persons shall operate, maintain, conduct, advertise or sell or furnish tickets for an outdoor festival in the city unless he or she first obtains a special use permit pursuant to Chapter 17.94 and a license from the city to operate or conduct such festival.

(`78 Code, § 5.30.020.)

Application for a license to conduct an outdoor festival shall be made in writing to the City Clerk at least 60 days prior to the time indicated for the commencement of the planned activity and shall be accompanied by a nonrefundable investigation fee of $500 and shall contain the following information:

(A) The name, age, residence and mailing address of the person making the application. If the application is made by a partnership, the names and addresses of the partners must appear. Where the applicant is a corporation, the application must be signed by the president, vice president and secretary thereof and must contain the addresses of the corporate officers and a certified copy of the articles of incorporation shall be submitted with the application;

(B) A statement of the kind, character or type of festival which the applicant proposes to conduct, operate or carry on;

(C) The address or legal description of the place where the proposed festival is to be conducted, operated or carried on. Additionally, the applicant must submit proof of ownership of the place where the festival is to be conducted or a statement signed by the owner of the premises indicating his or her consent that the site be used for the proposed festival;

(D) The date or dates and the hours during which the festival is to be conducted;

(E) An estimate of the number of customers, spectators, participants and other persons expected to attend the festival for each day it is conducted;

(F) The applicant shall provide names and addresses of anyone contributing, investing or having a financial interest in producing the festival;

(G) At the time of making application, the applicant shall arrange to be fingerprinted by office of the Chief of Police;

(H) A list of names of persons or corporations expected to operate concessions at the festival.

(`78 Code, § 5.30.030.)

A detailed explanation of the applicant’s plans to provide security and fire protections, water supply and facilities, food supply and facilities, sanitation facilities, medical facilities and services, vehicle parking space, vehicle access and on-site traffic control and, if it is proposed or expected that spectators or participants will remain at night or overnight, arrangements for illuminating the premises and for camping or similar facilities. The applicant’s plans shall include the provisions which shall be made for numbers of spectators in excess of the estimate, provisions for cleanup of the premises and removal of rubbish after the event has concluded. A plot plan showing arrangement of the facilities, including those for parking, egress and ingress, shall be submitted with the application.

(`78 Code, § 5.30.040.)

(A) Upon receipt of a completed application and the application fee, the City Clerk shall set the application for public hearing at a regular meeting of the City Council, not less than 30 days nor more than 60 days after the date of receipt. The City Clerk shall send to the applicant and to all owners of real property within a radius of 300 feet of the property on which the outdoor festival is proposed notice of such hearing and the time, date and place thereof. The notice shall be mailed not less than ten days prior to the hearing date to the applicant at the address stated on his or her application and to those addresses of the property owners as stated on the latest equalized assessment roll maintained and kept by the Riverside County Assessor, or alternatively, on other records of the Riverside County Assessor and Riverside County Tax Collector as contain more recent addresses in the opinion of the City Clerk.

(B) The City Clerk shall, upon receipt of such application, immediately give notice of the hearing thereon and copies of the application to the City Manager who shall investigate the matters stated in the application and the proposed outdoor festival and report in writing to the City Council the results of his or her investigation, his or her recommendations concerning the proposed application and conditions he or she recommends be imposed on such license, if granted.

(`78 Code, § 5.30.050.)

Based upon the testimony of the witnesses and evidence presented at the hearing, including the report of the City Manager, the City Council shall grant the license, deny the license or set conditions which must be met, or security given that they will be met, before a license may be granted. If conditions are imposed by the Council, the applicant shall furnish or cause to be furnished to the Clerk proof that all conditions have been met before the license may be issued by the Clerk.

(`78 Code, § 5.30.060.)

When the Clerk certifies that conditions have been met, the Finance Department shall, upon payment of $100 per day of operation, issue a license specifying the name and address of the licensee, the kind of festival licensed and the number of days operation is authorized. The licensee shall keep the license posted in a conspicuous place upon the premises at which the festival is conducted. No license issued pursuant to this chapter shall be transferable or removed to another location.

(`78 Code, § 5.30.070.)

(A) At the hearing required under § 5.30.050, the City Council may establish conditions which must be met prior to the issuance of any license under this chapter, except that the Council may take a matter under submission before determining which conditions must be imposed. Where the Council takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license must be mailed to the applicant within 30 days of the original hearing.

(B) The conditions which may be imposed by the City Council pursuant to the city’s general policy power for the protection of health, safety and property of local residents and persons attending festivals in the city are as follows.

(1) Police protection. Every licensee shall employ, at his or her own expense, police protection. The number and type of officers shall be determined and specified by the Police Chief to provide for the preservation of order and protection of property in and around the place of the festival. Funds to employ this specified number of law enforcement officers at the current hourly salary rate for police officers shall be deposited with the city at least ten days prior to the specified date the activity is to occur. A minimum of one law enforcement officer for every 500 persons expected to be in attendance shall be required. Where the Police Chief specified the employment of off-duty peace officers to meet the requirements of this chapter, the peace officers shall be under the complete direction and control of the Police Chief. The Police Chief must be satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to and following the event, before a license is issued.

(2) Water facilities.

(a) Every licensee shall provide from a water purveyor operating under a permit as required under California Health and Safety Code § 4011 an ample supply of potable water for drinking and sanitation purposes on the premises of the festival. Location of water facilities on the premises must be approved by the health officer prior to issuance of a license.

(b) The minimum supply of water to an outdoor festival shall be 15 gallons of water for each person in attendance per day. All water shall meet U.S. Public Health Service standards. Public and private flush type water closets, lavatories and drinking facilities shall be required as determined by the County Health Officer. Sewage and drainage systems relating to such facilities shall meet the requirements of the Health and Safety Code and be subject to the prior approval of the County Health Officer and the Director of Building and Safety.

(3) Food concessions.

(a) Where the proposed festival is to be held a substantial distance from public eating places, food handling places or like establishments, the applicant shall be required to demonstrate that food will be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance.

(b) Concessionaires must be licensed and operate under a valid Health Department permit pursuant to local ordinances and state laws. Every licensee shall provide at least one flush type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation unless otherwise approved by the health officer.

(c) Under no circumstances shall the health officer allow such flush type water closet and lavatories to be located more than 50 feet from the food concession or operation. All lavatories required in conjunction with food concessions and food operations shall be provided with hot and cold water under pressure which shall be dispensed by an approved type mixing faucet. All sewage, sink waste and wastewater from water closets, lavatories, sinks operated in connection with food concessions or food operations shall be disposed of to a public sewer or a sewage disposal system approved by the County Health Officer and Director of Planning.

(4) Sanitation facilities required.

(a) Every licensee shall provide at least one enclosed flush type water closet facility marked "Men" and one such facility marked "Women" on the premises of a festival on the basis of one flush type water closet for each 40 males and one for each 40 females expected to be in attendance.

(b) Urinals may be substituted for the required flush type water closets for men on the ratio of one urinal and one flush type water closet per 60 males.

(c) Lavatories provided with cold water under pressure, soap and paper towels shall be provided on the basis of one lavatory for each 75 persons expected to be in attendance.

(d) The requirement for water flush type water closets for food concessions, food operations and for the use of employees may not be waived. Every licensee shall be required to furnish at least one trash can with 36 gallon capacity with a tight fitting lid for each 25 persons expected to be in attendance. An adequate supply of plastic bag liners to fit the trash receptacles shall be provided, and each container shall at all times have a plastic bag liner inserted and, when full, it shall be tied, removed and a new plastic bag liner inserted. The pick-up and removal of refuse, trash, garbage and rubbish shall be at least once a day and more often if required by the health officer. A signed contract with a licensed refuse collector shall be submitted to the County Health Officer and a copy of same filed with the health officer. Removal of all trash and refuse shall be at the licensee’s expense.

(5) Medical facilities.

(a) Where a proposed festival is expected to attract a large number of persons for a site located a substantial distance from adequate existing treatment facilities, the applicant shall be required to provide emergency medical treatment facilities on the premises of the festival.

(b) Where the proposed festival is located close to adequate existing facilities, the applicant shall provide, as required by the health officer, emergency treatment facilities on the premises of the festival.

(c) The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff the facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the County Health Officer prior to the issuance of any license under this chapter.

(d) The County Health Officer shall calculate the need for medical services based on the number of persons expected to attend a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients or staff to appropriate on-site and off-site treatment facilities.

(6) Parking areas.

(a) Every licensee shall provide adequate parking space for persons attending the festival by motor vehicle.

(b) Persons desiring to operate or conduct a festival may be called upon to provide a separate parking space or every two persons expected to attend the festival by motor vehicle. The individual parking spaces shall not be less than nine feet wide and 20 feet long. The Director of Planning must approve an applicant’s parking plan before a license shall be issued.

(7) Access and parking control.

(a) Every licensee shall provide adequate ingress and egress to festival premises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to insure orderly flow of traffic into the premises from any street or highway. A special accessway for fire equipment, ambulances and other emergency vehicles may be required. The Director of Public Works must approve the licensee’s plan for ingress and egress before a license shall be issued.

(b) Additionally, any applicant may be required to show that traffic guards are under his or her employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area, which number shall be approved by the Chief of Police.

(8) Hours of operation. All festivals which are subject to license under this chapter shall close and cease operation continuously between the hours of 2:00 a.m. and 6:00 a.m. of each and every day.

(9) Illumination. Every licensee planning to conduct a festival after dark, or planning to allow persons who attend the festival to remain on the premises after dark, shall provide electrical illumination to insure that those areas which

are occupied are lighted at all times. The Director of Building and Safety must approve an applicant’s lighting plan as a prerequisite to issuance of a license under this chapter. A licensee may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:

(10) Overnight camping facilities. Every licensee authorized to allow persons who attend the festival to remain on the premises overnight shall provide camping facilities and overnight areas that meet the requirements of the California Administrative Code Title 25 for mobile home parks, special occupancy trailer parks and campgrounds, including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps. Such areas and facilities shall be approved by the County Health Officer and Director of Building and Safety prior to the issuance of any license.

(11) Bonds.

(a) Any licensee may be called upon to post an indemnity bond and/or a performance bond in favor of the city in connection with the operation of a festival. Bonds required by this chapter must be approved by the City Attorney prior to the issuance of a license. An applicant may be required to submit a surety bond written by a corporate bonding company authorized to do business in the state by the Department of Insurance in a penal amount determined by the City Council. The bond shall indemnify the city, its agents, officers, servants and employees and the City Council against any and all loss, including the cost for additional police officers in case of riot or insurrection or other injury and damage of any nature whatsoever arising out of, or in any way connected with the festival, and shall indemnify against loss, injury and damage to both person and property.

(b) Additionally, the city may demand that applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the state, indemnifying the city and the owners of property adjoining the festival site for any costs necessitated for cleaning up and/or removing debris, trash and other waste from, in and around the premises. The bond shall be in an amount determined by the City Council.

(12) Fire protection. Every licensee shall provide at his or her own expense adequate fire protection as determined by the Fire Chief. If the event is located in a hazardous fire area as determined by the Fire Chief, a suitable number of fire guards shall be employed by the licensee who shall be approved by the Fire Chief. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the Fire Chief. First aid fire extinguishment equipment shall provided as directed by the Fire Chief.

(13) Financial statements. Each licensee shall be required to provide a financial statement to give assurance of the ability of the promoters and/or applicants to meet the conditions of the permit.

(14) Communication. The licensee shall be required to establish a communication system for public use where ordinary communications are not available.

(15) Miscellaneous. Any applicant may be required to meet any other condition prior to receiving a license to conduct a festival which is reasonably calculated as necessary to protect the health, welfare and property of local residents and persons attending a festival.

(`78 Code, § 5.28.080.) (Ord. 1680 § 2, 1983.)

After holding the required public hearing, the City Council may deny issuance of license if it finds any of the following:

(A) That the applicant fails to meet the conditions imposed pursuant to the chapter;

(B) That the proposed festival will be conducted in a manner and/or location not meeting the health, zoning, fire or building and safety standards established by the ordinances of the city or the laws of the state;

(C) That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license or in any other document required pursuant to this chapter;

(D) That the applicant, his or her employee, agent or any person associated with applicant as partner, director, officer, stockholder, associate or manager has been convicted in a court of competent jurisdiction, by final judgment of:

(1) An offense involving the presentation, exhibition or performance of an obscene production, motion picture or place or of selling obscene matter;

(2) An offense involving lewd conduct;

(3) An offense involving the use of force and violence upon the person of another;

(4) An offense involving misconduct with children;

(5) A felony offense; or

(6) An offense involving the use, possession or sale of narcotics, marijuana or dangerous drugs.

(E) Where the application is denied, the Clerk shall mail to the applicant written notice of denial within 14 days of the action, which notice shall include a statement of the reasons the application was denied.

(`78 Code, § 5.30.090.)

Any person may file a complaint with the City Council or may petition the City Council to conduct a hearing concerning the revocation of the license of any licensee. The Clerk of the Council shall notice the petition for hearing in accordance with the provisions of § 5.30.050.

(`78 Code, § 5.30.100.)

(A) The Police Chief of the City of Corona may authorize officers of the City of Corona Police Department to monitor a festival licensed under this chapter. Those authorized to monitor a festival conducted under a license issued under this chapter shall have the power to suspend the license temporarily, pending a hearing, as provided for in § 5.30.120 of this chapter, if the authorized police officers find any of the following facts exist:

(1) The licensee, his or her employee or agent, fails, neglects or refuses to fulfill any or all of the conditions imposed pursuant to this chapter;

(2) The licensee allows the festival to be conducted in a manner which violates any law or regulation established by the ordinances of the city or the laws of the state, including any provision of this chapter;

(3) The licensee, his or her employee or agent, allows the festival to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the festival while under the influence of intoxicating liquor or any narcotic, marijuana or dangerous drug.

(B) The City Council shall have the power to suspend or revoke any license if it finds any of the following facts exist:

(1) The licensee fails, neglects or refuses to pay to the Finance Department the fee prescribed by this chapter;

(2) The licensee, his or her employee or agent, fails, neglects or refuses to fulfill any or all of the conditions imposed pursuant to this chapter;

(3) The licensee allows the festival to be conducted in a manner which violates any law or regulations established by the ordinances of the city or the laws of the state, including any provision of this chapter;

(4) The licensee allows the festival to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the festival while under the influence of intoxicating liquor or any narcotic, marijuana or dangerous drug;

(5) The licensee, his or her employee or agent is convicted of any of the offenses enumerated under § 5.30.090.

(`78 code, § 5.30.110.) (Ord. 1680 § 3, 1983.)

(A) If officers of the Police Department of the City of Corona exercise their power under § 5.30.110 by suspending temporarily, pending hearing, the license under which any person conducts a festival subject to the requirements of this chapter, the City Council may then give notice of intent to suspend or revoke the license, and the licensee shall be entitled to a hearing before the City Council. This hearing shall occur no later than 20 days from the date on which the licensee’s license was suspended under § 5.30.110. Notice of this hearing shall be given by the City Council and mailed not later than ten days prior to the date set for hearing. The City Council shall hear all interested parties, including the licensee and the officer or officers who suspended the licensee’s license and may suspend or revoke a license only for one or more causes enumerated by § 5.30.110(B).

(B) Notice of intent to suspend or revoke any license shall be given, and the licensee shall be entitled to a hearing before the City Council. The Clerk shall give written notice to the licensee at the address stated on its application for a license. The notice shall set forth the causes for suspension or revocation and shall state the time, date and place at which the matter of suspension or revocation will be heard before the City Council. The notice shall be mailed not later than ten days prior to the date set for hearing. The City Council shall hear all interested parties, including the licensee, and may suspend or revoke a license only for one or more causes enumerated by § 5.30.110(B).

(`78 Code, § 5.30.120.) (Ord. 1680 § 4, 1983.)

(A) Any outdoor festival proposed to be conducted and held on property which is owned and leased by the city and which is used for public park purposes shall not be subject to the provisions and requirements of this chapter.

(B) The provisions of Chapter 5.30 of this code shall not be deemed to require a license for the following:

(1) The use of a radio or music recording machine or juke box in any establishment;

(2) Music provided for members and their guests at a private club where admission is not open to the public;

(3) Musical activities occurring at the grand openings of businesses, where the musical activity is merely incidental to the business event;

(4) Music conducted in connection with a regularly established recreation park, circus or fairground;

(5) Musical activities conducted by or sponsored by any bona fide club, society, association, church or school which is organized for religious, educational, charitable, dramatic or literary purposes, which has an established membership, which holds regular meetings independent of such musical activity, which will conduct such musical activity on its premises where such regular meetings are held and which will devote any proceeds arising from such musical activity to the established purposes of the club, society, association, church or school;

(6) Neighborhood block parties with incidental musical activities which have been authorized as exempt by the City Council;

(7) Musical events or activities at private residences.

(C) Applicants for a license under this chapter, who apply under §§ 5.30.020 and 5.30.030, may seek exemption from the City Council in their application and at the public hearing on their license application. The City Council at such hearing shall determine whether the activities proposed in a license application fit within the exempt categories specified in division (B) of this section.

(D) The Police Department of the City of Corona shall have the power to monitor all musical events or festivals occurring in the City of Corona. The Police Department shall have the power to determine that a musical event or a festival is being conducted without a license, that such musical event or festival is not within an exempt category, and that such musical event or festival is therefore being conducted in violation of the licensing requirements. If such findings are made, the Police Department may inform those conducting the musical event or festival without a license that such event must come to an end until a proper license is obtained.

(`78 Code, § 5.30.130.) (Ord. 1694 § 1, 1983; Ord. 1680 § 5, 1983.)

(A) The City Council may grant a variance from all or any of the mandatory requirements and conditions of this chapter, as required for issuance of an outdoor festival license, including, but not limited to, the time for filing an application therefor, the amount of the investigation fee, the required content of the application therefor and festival plans, the necessity of a public hearing before the City Council and the time period provided for such a hearing and the necessity that all conditions imposed by the City Council on the license grant be met before the license may be issued and the amount of the license fee.

(B) Anyone seeking a variance under this chapter shall file a request therefor with the City Clerk, addressed to the City Council, specifically stating those requirements and conditions for which he or she desires the variance and the facts in support thereof which establish that the public health, safety and welfare will not be adversely affected by the grant of such variance.

(C) The City Council shall consider a variance request under this chapter at its next regular meeting following the date of filing such application or 14 calendar days thereafter, whichever date occurs later in time.

(D) The City Council may grant a variance under this chapter if it first finds that the public health, safety and general welfare will not be adversely affected by the grant. If the City Council does grant a variance under this chapter, it may impose conditions thereon in the interest of the public health, safety and welfare.

(E) Prior to taking action to grant or deny a variance, the City Council may hear evidence, either oral or written, from the applicant and any other interested party.

(F) The City Council’s action may be by motion, which shall set forth in the minutes of the City Council meeting at which the action was taken.

(G) Any variance granted under this chapter shall become invalid 30 days thereafter if the applicant therefor has not commenced proceedings to obtain a license under this chapter, or, if a license has been so granted, has not conducted the outdoor festival for which the variance was granted.

(`78 Code, § 5.30.140.) (Ord. 1680 § 6, 1983.)

It is unlawful for any licensee, employee, agent or person associated with the licensee to do any of the following:

(A) Conduct or operate an outdoor festival without first procuring a license to do so;

(B) Sell tickets to an outdoor festival without a license first having been obtained;

(C) Operate, conduct or carry on any outdoor festival in such a manner as to create a public or private nuisance; or

(D) Exhibit, show or conduct within the place of outdoor festival any obscene, indecent or lewd exhibition, show, play, entertainment or exhibit no matter by what name designated;

(E) Allow any person on the premises of the licensed festival to cause or create a disturbance in, around or near any place of festival by offensive or disorderly conduct;

(F) Knowingly allow any person to consume, sell or be in possession of intoxicating liquor, while in a place of an outdoor festival except where such consumption or possession is expressly authorized under the terms of this chapter and under the laws of the state; or

(G) Knowingly allow any person at the licensed outdoor festival to use, sell or be in possession of any narcotic, marijuana or dangerous drugs while in, around or near a place of the festival.

(`78 Code, § 5.30.150.)