Fresno County Municipal Code Ch. 6.22 Outdoor Entertainment Events

The following definitions shall apply to this chapter:

A. "Outdoor entertainment event" means and includes any entertainment or amusement activity, show or assemblage which is organized or promoted for commercial or noncommercial purposes for a period of from one to seven consecutive days on any one site in any six month period whether or not an admission fee or donation is requested or required. It shall include but not be limited to any event for the purposes of listening, engaging in or participating in musical or theatrical-type performances. Musical and theatrical-type performances shall include musical or theatrical renderings by performers from a stage, platform, terrace or other place of central prominence with respect to the audience.

"Outdoor entertainment event" shall not include an event with attendance of less than one thousand people per day, an event lasting more than seven consecutive days, events occurring on a site more than once in a six-month period, or any event conducted or held in any structure which has been constructed and designed for the conducting of public performances, or any event conducted entirely within a stadium, arena or amphitheatre which has been constructed or designed for the conducting of public performances, however such exempted events may be subject to the land use provisions of the zoning ordinance.

B. "Applicant" means and includes all representatives, promoters, sponsors and the owners of real property upon which the event occurs.

C. "Fire official" means the chief fire prevention officer of the fire protection agency having jurisdiction over-the site of the proposed event.

D. "Board" means the board of supervisors of the county.

(Ord. 0-85-012, § 1)

No person shall promote, sponsor, operate, hold, maintain, conduct, advertise or sell or furnish tickets or other type of written or oral authority for admission to an outdoor entertainment event without first obtaining a license in accordance with the provisions of this chapter.

(Ord. 0-85-012, § 1)

No owner of any real property or person in possession or control thereof shall consent or allow such real property to be used for the holding or conducting of an outdoor entertainment event unless a license has been issued for such use.

(Ord. 085-012 § 1)

Written applications for a license under this chapter shall be made to the tax collector of the county, on forms acceptable to the tax collector, accompanied by a nonrefundable fee as specified in Section 3002 of the County of Fresno Master Schedule of Fees, Charges and Costs Recovery. Fees or costs incidental to the filing of a complete application or to meet other provisions of this chapter are not included in the application fee. The application shall be signed by the promoter or sponsor of the outdoor entertainment event and by the owner of the real property upon which such outdoor entertainment event shall occur.

(Ord. 0-85-012, § 1)

The application shall include all of the information deemed necessary by the tax collector and shall be on the forms designated by the tax collector.

(Ord. 0-85-012, § 1)

The application shall be filed at least sixty days prior to the time indicated therein for the initial commencement of the outdoor entertainment event. Reapplication shall be required for any subsequent event, subject to all provisions of this chapter.

(Ord 0-85-012, § 1)

Upon receipt of a complete application and the application fee, the tax collector shall distribute copies of the application to the department of public works and development services, health department, sheriff's department, California Highway Patrol, fire official and any other affected agencies as determined by the tax collector for their recommendations. Such recommendations shall be submitted to the tax collector not later than twenty working days from the date of distribution.

(Ord. 0-85-012, § 1)

The tax collector may approve the application if he determines that the event will not have an adverse effect on the public health, safety and welfare, and he may impose such conditions as are necessary to make such determination. The tax collector shall, within twenty-five working days from the distribution of the application, notify the applicant in writing of his determination. In the event an application is approved by the tax collector, property owners of properties within a radius of one thousand three hundred twenty feet of the exterior boundaries of the property or contiguous property under similar ownership, shall be notified in writing of the determination. No determination for approval or refusal by the tax collector shall be final until a period of fifteen days has elapsed following the date of mailing written notice of the determination. During this period any notified property owners or the applicant may file an appeal to the board. This appeal shall be filed in writing and set forth the reason for such appeal as specified in Section 6.22.110 of this chapter.

(Ord. 0-85-012, § 1)

In the event the application is approved and prior to the issuance of the license, the health officer shall, as soon as possible after the date and hour specified in the application when the premises are to be ready for inspection, inspect the premises and facilities. The health officer shall certify to the tax collector whether the application provisions or license conditions regarding water, sanitary facilities, food preparation and distribution, garbage disposal, dust control and site and facility sanitation measures have been met in a manner adequate to provide for the health, safety and welfare of the general public.

(Ord. 0-85-012, § 1)

Upon approval by the tax collector, receipt of the health officer's inspection certification, and payment of the license fee when required, the tax collector shall issue the license. A copy of the license and all conditions shall be distributed to the affected agencies.

(Ord. 0-85-012, § 1)

In the event any notified property owner is adverse to the tax collector's approval or in the event the license is refused, or the recommended conditions are not acceptable to the applicant, the determination may be appealed to the board. The clerk to the board shall set a hearing as specified in Section 6.22.120 upon receipt of a written appeal request.

(Ord. 0-85-012, § 1)

Upon receipt of a written appeal as specified in Section 6.22.110 of this chapter the clerk to the board shall set a date and time for a public hearing on the issuance or denial of a license. Notice of such hearing shall include the time and place thereof and a general explanation of the matter to be considered, and shall be mailed at least ten days before the date of the hearing in the following manner:

A. The notice shall be mailed to the owners of all property within one thousand three hundred twenty feet of the exterior of the boundaries of the real property upon which the proposed event is to be conducted on contiguous property under similar ownership. Such notice shall be mailed to each property owner at their last known address using the names and addresses from the last adopted tax roll of the county.

B. Notice shall be mailed to the applicant and to the owners of the real property upon which the proposed event is to be conducted using the respective addresses shown on the application.

C. Notice shall be provided to each county department or agency to which copies of the application are required to be sent.

(Ord. 0-85-012, § 1)

At the date, time and place set for the hearing, or any continuation thereof, the board shall conduct a public hearing on the issuance or denial of the license. Upon the conclusion of the hearing, the board may deny, approve or conditionally approve the issuance of the license pending site inspection as specified in Section 6.22.090. The decision of the board shall be final.

(Ord. 0-85-012, § 1)

In addition to any other conditions that may be imposed as a prerequisite to the effectiveness of the license, the following conditions shall apply upon issuance of the license:

A. The applicant holds harmless and indemnifies the county against claims or damages arising out of the event and for all costs which may be incurred by the county for the preservation and protection of the public health, safety and welfare as a result of the occurrence of such an event.

B. The applicant agrees to comply with the provisions of the ordinances of the county and the laws of the state, and furnish any required documents, insurance policies, bonds, security agreements or other papers required by the county and comply with the application provisions and conditions imposed by the license.

C. The applicant will not allow a greater number of persons to attend the outdoor entertainment event than is permitted by the license, or sell or distribute tickets in an amount in excess of the attendance authorized by the license.

D. The applicant will allow the appropriate law enforcement agencies and county officials to enter upon the premises at any time for the purpose of any inspections deemed necessary and exhibit any required permits or licenses upon request.

E. The applicant will obtain all necessary permits and licenses required for the proposed event, including any associated amusement, establishment or vendor permits or licenses prior to the date of occurrence.

(Ord. 0-85-012, § 1)

The applicant shall, during the conduct of the event, keep the real property upon which the event is to occur, and the surrounding real property, reasonably free from all debris, trash, garbage, refuse, vector and animal harboring or breeding sources or other waste. Within twelve hours after the termination of the event, the applicant shall clean up and properly store all such waste on the site and surrounding property. All waste shall be removed from the site and surrounding property within forty-eight hours from the termination of the event. Removal shall include lawful disposal thereof.

(Ord. 0-85-012, § 1)

Any applicant prior to the issuance of the license shall deposit with the tax collector cash or bond in a form approved by the county in the amount of two thousand five hundred dollars to insure cleanup. Additional amounts may be required when determined necessary to insure that the premises and surrounding real property are left in a clean and sanitary condition at the conclusion of the event. The county health department shall determine whether there is compliance with the cleanup provisions. Any sum not expended for cleanup will be refunded to the applicant.

(Ord. 0-85-012, § 1)

The failure of the applicant to comply with any or all of the ordinances of the county, the laws of the state, application provisions or conditions of the license, shall cause the forfeiture of any security or bond required to guarantee compliance therewith and shall authorize the county in its discretion to use such security to cure noncompliance.

(Ord. 0-85-012, § 1)

Upon the issuance of any license for an outdoor entertainment event, the applicant shall pay to the county those fees specified in Section 3003 of the County of Fresno Master Schedule of Fees, Charges and Cost Recovery.

(Ord. 0-85-012, § 1)

A. Religious, charitable or nonprofit organizations or groups may be exempt from payment of license fees subject to the provisions of Section 6.04.035 of this title.

B. The chapter shall not apply to any outdoor entertainment event which is to be conducted entirely on public property with the consent of the responsible public entity or to any event permitted by the county by land use entitlement.

(Ord. 0-85-012, § 1)

Licenses under this chapter shall be required for each and every separate outdoor entertainment event and such license shall not be transferable either as to licensee or location and any attempt to transfer shall render the license void.

(Ord. 0-85-012, § 1)

The health officer shall be authorized to inspect the premises, grounds, facilities and structures of each event or other amusement licensed under this chapter once each day during the period of its operation. Failure to maintain the premises and facilities in as good a sanitary and clean condition as the same was at the time of the original inspection by the health officer is a violation of this code.

(Ord. 0-85-012, § 1)

The tax collector, sheriff, health officer or fire official may suspend the operation of, and close any outdoor entertainment event prior to the expiration of the license when in his opinion it becomes necessary to prevent injury to person or persons or damage to property, or both. The provisions of this section shall not be deemed to deprive the sheriff, highway patrol or fire officer of any authority vested in such public office by any provision of sate law or county ordinance.

(Ord. 0-85-012, § 1)

No provision of this chapter shall be deemed to bar any legal, equitable or summary remedy to which the county, or any person, firm or corporation may otherwise be entitled, and the county, or any such person, firm or corporation may file a suit in an appropriate court to restrain or enjoin any violation or attempted violation of this chapter.

(Ord. 0-85-012, § 1)