El Dorado County Municipal Code Ch. 5.32 Outdoor Music Festivals

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Editor's note— See also miscellaneous development requirements, ch. 130.14; agricultural districts, ch. 130.36.

The Board of Supervisors finds and declares that it is necessary for the protection of the health and welfare of the general public and the inhabitants of the County that rules and regulations be established for the purpose of regulating outdoor music festivals within the County and that to ensure the public health and safety, proper sanitary, police, health and safety measures be provided to regulate outdoor music festivals.

(Prior Code, § 32,101; Code 1997, § 5.32.010)

It is unlawful for any person, persons, corporations, organizations, landowner, tenant or lessee to allow, permit, encourage, organize, promote, conduct or advertise any entertainment, game, show, exhibition, activity, amusement, gathering or assembly of persons within the unincorporated area of the County, where there will be presented outdoor live or recorded musical entertainment which said person, persons, corporation, organization, landowner, tenant or lessee believes or has reason to believe will attract 2,000 or more persons, unless a valid County permit is first obtained for the conducting and operating of the activities. A separate permit shall be required for each activity.

(Prior Code, § 32,102; Code 1997, § 5.32.020)

Written application for a permit to conduct and operate activity shall be made to the Board of Supervisors of the County; the application shall be submitted 60 days or more prior to the date upon which the activity is to be, or may be, held. Application for the permit provided in this chapter shall be conditionally approved or denied within 45 days after the application has been filed. Failure by the Board of Supervisors to act within that period shall constitute approval of the application. If the application for the permit is not approved and the permit is denied, the denial shall be in writing setting forth the reasons for the denial. The decision of the Board of Supervisors shall be final. With each application for a permit to conduct an outdoor music festival, the applicant shall pay an application fee which shall be nonrefundable. The application fee shall be in an amount as established by the Board of Supervisors from time to time.

(Prior Code, § 32,103; Code 1997, § 5.32.030)

Whenever approval by a County government department, office or other agency is a condition for the issuance of a permit pursuant to application made therefor as set forth in this chapter, the request to the department, office or other agency for the approval shall be made simultaneously with the filing of the application for the permit with the Board of Supervisors of the County. Conditional approval or denial by the government department, office or agency shall be made within 25 days after request for permission has been filed with the government department, office or agency. Failure to act within said period by the government department, office or agency shall constitute its approval.

(Prior Code, § 32,104; Code 1997, § 5.32.040)

When a physical facility is required or subject to approval under this chapter, conditional approval may be granted upon the basis of specific plans and specifications proposed and submitted by the applicant for permit. Any and all facilities required under the terms of any permit issued shall be in existence and in place at the location for which the permit is granted ten days or more before the date when the event is scheduled to take place and shall be subject to inspection and approval of the agencies, departments or offices whose approval is required. Inspection of any and all facilities referred to in this section shall be approved or disapproved at least five days preceding the event. Failure by the department or agency to act as required in this section shall constitute an approval. If the facilities fail to meet the standards set forth in the plans and specifications therefor which have been conditionally approved, the conditional approval shall be withdrawn and any and all permits granted subject to the approval shall be canceled and withdrawn.

(Prior Code, § 32,105; Code 1997, § 5.32.050)

An application for a permit and the required accompanying documents shall be in six copies and shall show:

A. The owner, exact location, legal description and area of the premises on which it is planned to conduct the activities;

B. The owner, exact location, legal description and area of all lands to be used for parking or other uses incidental to the activity;

C. The date or dates and the hours during which the event is to be conducted;

D. An estimate of the minimum and maximum numbers of customers, spectators, participants and other persons expected to attend the event for each day it is conducted, together with detailed information supporting the estimate;

E. A detailed explanation of the applicant's program, plans and ability to supply potable water and facilities, food supply and facilities, sanitation facilities (including, but not limited to, sewage, garbage and rubbish), medical and first aid facilities and services, vehicle parking space, vehicle access, on-site traffic control, evacuation plans for sick or injured persons and to comply with all conditions and regulations set forth in this chapter and in proposed permit conditions;

F. A description of all loudspeakers and sound equipment to be used and the intensity of the sound, in decibels, at the boundaries of the premises;

G. If it is proposed or expected that customers, spectators or participants will remain overnight, the arrangements for illuminating the premises and for camping or similar facilities;

H. Provisions for cleanup of the premises and removal of rubbish after the event has concluded;

I. Such other information pertinent to the event as the Board of Supervisors or any officer of the County finds is reasonably necessary and required in order to determine whether or not the permit should be granted;

J. The name, age, residence, mailing address and telephone number of the applicant, and applicant's legal nature, such as individual, partnership, corporation, etc. If the application is made by a partnership, the names and addresses of all partners both general and special shall be included. If the applicant is a corporation, the application shall be signed by the president and secretary thereof and shall contain the names and addresses of all corporate officers and a certified copy of the articles of incorporation shall be attached to the application. If the application is by a joint venture, the names and addresses of each member of the joint venture shall be included;

K. Financial statement sufficient to give assurance of the ability of the applicants to meet the conditions of the permit;

L. A detailed explanation of the applicant's plan for policing the activity with particular emphasis on the control and prevention of illegal alcohol and illegal drug consumption;

M. A detailed explanation of the applicant's plans in the event more persons attempt to attend the event than is permitted by the particular permit involved;

N. A consent to the entry at any time in the course of his or her duties of any peace officer and any employee of the Sheriff, Health Officer and any other County officer in the performance of his or her duties, including, but not limited to, inspection;

O. The address of the applicant within the State to which all notices and correspondence addressed to the applicant shall be directed by the County. Any notice or correspondence addressed and mailed postage prepaid to the address shall be deemed received by the applicant.

(Prior Code, § 32,106; Code 1997, § 5.32.060)

At the time of filing an application for a permit for the activity or event with the required fee and the items required by Section 5.32.060, the applicant, at the same time, also shall file:

A. Six copies of white background prints of a map drawn to scale showing:

1. The location of the property on which the event is planned to occur;

2. The location of all highways, streets, alleys, lots and parcels of land within 1,000 feet of the exterior boundaries of the proposed use;

3. The location of the parking area and of all other areas to be used for other uses incidental to the event;

4. All interior access ways;

5. Access to the property;

6. The location and detailed plans of all buildings and structures on the premises or to be erected, including the bandstand, stage or other facility for performance;

7. The location of all loudspeakers;

8. The location of all toilet, medical, washing, drinking and other facilities required by this chapter;

B. A certified list as shown on the latest available assessment roll of the County of the names and addresses of all persons to whom all property is assessed within 500 feet of the exterior boundaries of the proposed use;

C. An agreement in writing signed by all property owners permitting the use of the premises to be used for both the activity and for parking, or a document showing that the applicant is the owner thereof;

D. The agreement or contracts which show what doctors, first aid attendants and ambulances will be available at the premises;

E. An agreement approved as to form by the County Counsel and signed by the applicant that, within 72 hours after the conclusion of the event, he or she will clean up the premises and remove all trash, debris, garbage and other waste from in and around the premises. The agreement shall be secured by an undertaking in a total amount of not less than $5,000.00. The undertaking shall be in the form of a surety bond written by a corporate bonding company authorized to do business in the State. The undertaking shall be filed with the County Clerk within seven days after the Board of Supervisors grants the permit. The County Clerk shall not issue the permit until the undertaking is filed with him or her in a form approved by the County Counsel;

F. An agreement in writing approved as to form by the County Counsel and signed by the applicant or applicants and by the owner or owners of the subject premises (including both the premises where the event will be held and where the parking therefor will be located) that they will reimburse all owners and occupants of property adjoining the subject premises for all damages of any kind to the owners or occupants or to their property caused by the applicant or applicants, owner or owners of the subject premises, or by any person attending the event, which damage would not have occurred had the event not been held; and the agreement shall also state that the applicant or applicants and the owner or owners of the subject premises (including both the premises where the event will be held and where the parking therefor will be located) agree to indemnify the County and its officers, agents and employees against any and all loss, injury, damage, claim, liability and cause of action of any and every nature whatsoever arising out of, or in any way connected with, the event and shall indemnify against loss, injury, damage, claim, liability and cause of action to both the person and property.

(Prior Code, § 32,107; Code 1997, § 5.32.070)

The undertaking or insurance policy required in this chapter shall be for the benefit of the County and its officers, agents and employees and for the benefit of all persons to whom the permittee or owner may become liable.

(Prior Code, § 32,108; Code 1997, § 5.32.080)

The undertaking or insurance policy shall be in such an amount that the total shall not be less than $100,000.00. The security shall be filed with the County Clerk within seven days after the Board of Supervisors grants the permit. The County Clerk shall not issue the permit for the activity until the security is filed with him or her in a form approved by the County Counsel.

(Prior Code, § 32,109; Code 1997, § 5.32.090)

Upon receipt of a complete application, including accompanying documents and the application fee, the County Clerk shall with due diligence transmit it to the Board of Supervisors and the County Clerk at that time shall request the Board of Supervisors to set a time and date for a public hearing. The County Clerk of the Board shall thereupon give not less than ten days' written notice thereof to the applicant by mail, postage prepaid, to the address set forth in the application. The County Clerk of the Board shall also give written notice of the hearing and copies of the application to the Sheriff, the County Health Officer, the County Counsel and the Chief Administrative Officer or his or her designee, who shall investigate the matter and report in writing to the Board of Supervisors not later than the time set for the hearing, with appropriate recommendations concerning the activity. At the hearing, the applicant shall have the right to testify and to present other evidence. The County Clerk shall also serve notice of the time and place of the hearing by publishing once in a newspaper of general circulation published in the County at least ten days before the hearing, and shall also not less than ten days before the hearing send written notice by mail of the time and place of hearing to all persons whose names and addresses appear upon the latest available assessment roll of the County as owning property within 500 feet of the exterior boundaries of the proposed use.

(Prior Code, § 32,110; Code 1997, § 5.32.100; Ord. No. 3766, § 11, 1987; Ord. No. 5051, § 2, 4-18-2017)

If the Board of Supervisors finds that the applicant has complied with or will comply with the requirements of this chapter, it shall grant the permit; providing, however, that the permit shall be revoked at any time the applicant fails to meet the conditions of this chapter. The permit shall state the maximum number of persons allowed to attend the event. If the Board of Supervisors find that the applicant has not complied with this chapter and ordinances of the County applicable thereto, then the permit shall be denied.

(Prior Code, § 32,111; Code 1997, § 5.32.110)

Regulations which must be complied with by each permittee:

A. Drinking water. The permittee shall provide a potable domestic water supply from a source approved by the Health Officer. Water shall not be dipped from a receptacle for drinking or cooking uses. All food concessions that handle other than packaged or bottled goods must be supplied with hot and cold running water under pressure and a means of disposing of wastewater.

1. If trucks are used to haul water into the site, they shall, prior to use, be cleaned and sterilized under the supervision of the County Health Department.

2. Water shall be provided for employees and spectators at the following rate per person per day: Employees, 35 gallons; spectators, ten gallons.

3. The approval of the County Health Officer of the permittee's drinking water plans shall be a prerequisite to an issuance of a permit.

B. Sanitary facilities. Adequate toilet facilities for both sexes must be distributed throughout the grounds as follows: one water closet, chemical or sanitary privy unit, must be supplied for each 250 persons.

1. Toilet facilities and accessories shall be maintained in a sanitary condition at all times and shall be cleaned at least twice each day.

2. Wastewater and sewage originating on the grounds must be disposed of by a means approved by the Health Officer.

3. The approval by the Health Officer of the permittee's sanitary facilities plans shall be a prerequisite for the issuance of a permit.

(Prior Code, § 32,112; Code 1997, § 5.32.120)

The permittee shall have on the premises, or contiguous thereto, automobile storage spaces equal to one-fourth of the number of persons which the permit allows to attend the event unless the Director of Planning and Building finds that a smaller number is sufficient in which case the permittee may provide the lesser number. At all times between one hour before the beginning of the event and one hour after its termination, the permittee shall provide a sufficient number of parking attendants at all entrances, exits and within the parking lots. The approval by the Community Development Agency Director of the permittee's parking plans shall be a prerequisite to the issuance of a permit.

(Prior Code, § 32,113; Code 1997, § 5.32.130; Ord. No. 5051, § 2, 4-18-2017)

The permittee shall demonstrate to the satisfaction of the Health Officer that the permittee has an adequate plan for the proper storage, collection and disposal of garbage, trash and refuse. All solid waste material shall be disposed of by the sanitary landfill method, and the event area and parking shall be returned to a litter-free condition within 72 hours after the event is concluded, all to the satisfaction of the Health Officer. Every licensee shall be required to furnish at least one trash can with at least 32-gallon capacity for every 25 persons expected to be in attendance. Proof that the requisite quantity of trash and refuse receptacles will be available must be made to the Health Officer. The approval by the Health Officer of permittee's solid waste disposal plans is a prerequisite to the issuance of a permit.

(Prior Code, § 32,114; Code 1997, § 5.32.140)

The permittee shall operate the event only on those days and during the hours specified on the permit.

(Prior Code, § 32,115; Code 1997, § 5.32.150)

Admission shall be by ticket only. The permittee shall not admit and shall prevent the entrance of any person who does not possess a ticket to the event, except a peace officer or other County public officer or employee or agent thereof. The permittee shall not sell, give or distribute a greater number of tickets than the number which the permit allows to attend.

(Prior Code, § 32,116; Code 1997, § 5.32.160)

A person shall not advertise or announce by any means or medium, including, but not confined to, pamphlets, handbills, newspapers, radio and television, the holding of the event prior to the granting of a permit.

(Prior Code, § 32,117; Code 1997, § 5.32.170)

The permittee shall be required to provide food and drink service facilities to adequately feed the number of persons allowed by permit. In selling, preparing, delivering or serving food or beverage, or both, all persons shall comply with State law, and also with this Code, all to the satisfaction of the Health Officer. The approval of the Health Officer of the permittee's food and beverage plans is a prerequisite to the issuance of a permit for an outdoor music festival.

(Prior Code, § 32,118; Code 1997, § 5.32.180)

A. The permittee shall be responsible for making adequate plans for medical coverage of performers, employees, participants, customers and spectators.

B. There shall be at least one physician per 1,000 persons available on site at all times during preparation and performance of the outdoor festival. Adequate medical supply, including personnel and material for first aid and minor emergency surgery, shall be available on site. An adequately protected area shall be set aside for the purpose of medical care. An area suitable for recovery from reaction to drug abuse shall be available. The permittee shall furnish one ambulance per each 1,000 persons at the event.

C. The permittee's plans for the medical preparedness specified in this section shall be subject to the approval of the County Health Officer and such approval is a prerequisite to the issuance of a permit.

(Prior Code, § 32,119; Code 1997, § 5.32.190)

A. Every permittee planning an event after dark, or planning to allow persons who attend the public amusement to remain on the premises after dark, shall provide electrical illumination to ensure that those areas which are occupied are lighted at all times. The Director of Planning and Building must approve an applicant's lighting plans as a prerequisite to issuance of a permit.

B. A permittee shall be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:

C. The regulations contained in the County Zoning Ordinance as amended and set forth in Chapter 130 shall take precedence over any less restrictive or conflicting law, ordinance, or code.

(Prior Code § 32,120; Code 1997, § 5.32.200; Ord. No. 5051, § 2, 4-18-2017)

The permittee shall comply with all applicable zoning regulations of the County.

(Prior Code, § 32,121; Code 1997, § 5.32.210)

No permit granted under the provisions of this chapter shall be transferable to another location, another person or entity or another set of dates.

(Prior Code, § 32,122; Code 1997, § 5.32.220)

Prior to doing any construction, excavation, grading or encroachment required for the event, the permittee or applicant shall obtain from the County all necessary permits therefor.

(Prior Code, § 32,123; Code 1997, § 5.32.230)

Every permittee of an event which will last more than one day or at which persons will remain overnight on the premises shall provide camping facilities and overnight areas. Plans for camping must be approved by the Health Officer and comply with State law.

(Prior Code, § 32,124; Code 1997, § 5.32.240)

A person who allows, permits, encourages, organizes, promotes, conducts or advertises any entertainment, game show, exhibition, activity, amusement, gathering or assembly of persons within the unincorporated area of the County where there is presented outdoor live or recorded musical entertainment in violation of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished according to the general penalties described in Chapter 1.24.

(Prior Code, § 32,125; Code 1997, § 5.32.250)