Hollister Municipal Code Ch. 8.24 Music Festivals and Dances

As used in this chapter, a "public amusement" is defined to include the following:

Dance, which shall mean any dance conducted, given, operated or permitted as an amusement, business enterprise or occupation, whether or not music is provided by paid or amateur performers or by prerecorded means, which is of a periodic nature and to which the public is admitted for a charge, whether or not such charge is directly or indirectly made;

Musical festival, which shall mean any carnival, concert, festival or like musical activity, conducted, given, operated or permitted as an amusement, business enterprise or occupation, whether or not music is provided by paid or amateur performers or by prerecorded means, which is of a periodic nature and to which the public is admitted for a charge, whether or not such charge is directly or indirectly made.

(Prior code § 15A-1)

Any person, firm or corporation desiring to conduct, give, operate or permit any public amusement shall, 30 days prior to the date thereof, file a written application, in quadruplicate, with the city manager, which shall contain the following:

A. The name, age, business and residence addresses and telephone numbers of the person making the application. If the application is made by or on behalf of a partnership, the name and business address and telephone number of the partnership, and the names and addresses and telephone numbers of all of the partners. If the application is made by or on behalf of a corporation, the name and business address and telephone number of the corporation, the names and addresses and telephone numbers of the president, vice-president and secretary of the corporation, shall be signed by a duly authorized officer of the corporation and a certified copy of the articles of incorporation shall be submitted;

B. A statement of the type of public amusement, as defined in Section 8.24.010, which the applicant proposes to conduct, give, operate or permit;

C. The address of the premises where the proposed public amusement is to be conducted, given, operated or permitted. The applicant must submit written proof of ownership of the premises where the public amusement is to be conducted, given, operated or permitted, or a statement signed by the owner of the premises indicating the owner's consent to the use of the premises for the proposed public amusement;

D. The date and hours the proposed public amusement is to be conducted, given, operated or permitted;

E. The estimated number of customers, participants, spectators or other persons expected to attend the proposed public amusement;

F. Applicant's prior experience in conducting, giving, operating or permitting public amusements.

(Prior code § 15A-2)

Within five days of the receipt of the application, the city manager shall review the same and shall either issue or deny a permit.

(Prior code § 15A-3)

Any permit issued by the city manager shall contain and require the following:

A. The name, business address and telephone number of the permittee;

B. The type of public amusement permitted;

C. The address of the premises where the public amusement is permitted;

D. The date and hours the public amusement is permitted. Any public amusement permitted under this chapter shall not be conducted, given, operated or permitted for more than five hours during any 24 consecutive hours and shall close and cease continuously between the hours of 2:00 a.m. and 6:00 a.m. of each day;

E. The maximum number of customers, spectators, participants or other persons permitted to attend the public amusement based upon the applicant's estimate of the number of persons expected to attend the public amusement, not to exceed the maximum number of occupants permitted in the premises where the public amusement is to be conducted, given, operated or permitted, under applicable rules and regulations adopted and promulgated by the fire marshal of the state;

F. The minimum number of private security officers, patrol officers or guards, determined in accordance with the following schedule, which the permittee shall employ at the permittee's sole cost and expense, whose duty shall be the preservation of law and order and the protection of property in and around the premises where the public amusement is to be conducted, given, operated or permitted:

Such private security officers, patrol officers or guards shall either be off-duty peace officers or shall be licensed under the Business and Professions Code of the state and shall be in attendance at the public amusement, in uniform, from the commencement through one hour following the close of the public amusement and shall be under the direction and control of the police department of the city;

G. When the maximum number of customers, spectators, participants or other persons permitted to attend the public amusement exceeds 400, the permittee shall post a $1,000.00 cash bond or a $5,000.00 surety bond written by a corporate bonding company authorized to do business in the state, which bonds shall indemnify the city, its officers, agents, servants and employees against any and all loss, injury and damages of any nature whatsoever to persons or property, arising out of, or in any way connected with, the conducting, giving, operating or permitting of the public amusement, and indemnifying the city, its officers, agents, servants and employees, and property owners in the immediate area of the public amusement against any and all costs, loss, injury and damage of any nature whatsoever to property, including, but not limited to, any costs necessitated for cleaning up and/or removing debris, trash or other waste, arising out of, or in any way connected with, the conducting, giving, operating or permitting of the public amusement;

H. Any other condition or conditions reasonably necessary for the preservation and protection of public health, safety and welfare.

(Prior code § 15A-4)

The city manager shall:

A. File the original copy of application and copy of permit;

B. Transmit a copy of the application and the original copy of the permit to the permittee, which the permittee shall post, and keep posted, on the premises during the period the public amusement is conducted, given, operated or permitted;

C. Transmit copies of the application and permit to the police department of the city;

D. Transmit copies of the application and permit to the business license collector of the city.

(Prior code § 15A-5)

A permit shall be denied by the city manager for any of the following:

A. The applicant, the applicant's agents, employees or any other person connected or associated with applicant as a partner, officer, associate or manager, has knowingly made any false, fraudulent or misleading statement of a material fact in connection with the application for a permit;

B. The applicant, the applicant's agents, employees or any other person connected or associated with applicant as a partner, officer, associate or manager, fails, or has failed, to meet the requirements of this chapter;

C. The applicant, the applicant's agents, employees or any other person connected or associated with the applicant as a partner, officer, associate or manager, fails, or has failed, to meet and comply with the conditions, requirements and terms of a permit;

D. The applicant, the applicant's agents, employees or any other person connected or associated with the applicant as a partner, officer, associate or manager, has previously conducted a public amusement which resulted in the creation of a private or public nuisance;

E. The applicant, the applicant's agents, employees or any other person connected or associated with applicant as a partner, officer, associate or manager, fails, neglects or refuses, or has previously failed, neglected or refused, to pay the business license tax prescribed by ordinance No. 328.

(Prior code § 15A-6)

When a permit is denied, the city manager shall mail written notice of denial, which notice shall set forth the reasons for the denial, to each of the following:

A. The applicant;

B. The police department of the city;

C. The business license collector of the city.

(Prior code § 15A-7)

A. A permit shall be revoked by the city manager for any of the reasons set forth in Section 8.24.060.

B. Within three days of the revocation of a permit, the city manager shall mail written notice of revocation, which notice shall set forth the reasons for the revocation, to each of the following:

1. The permittee;

2. The police department of the city;

3. The business license collector of the city.

(Prior code §§ 15A-8, 15A-9)

Any person may appeal the issuance, denial or revocation of a permit to the city council by filing a written notice of appeal, which notice shall set forth the grounds and reasons for the appeal, with the clerk of the city. The clerk of the city shall set the appeal for hearing by the city council at their next regular meeting at least five days following the clerk's receipt of the notice of appeal and shall mail a written notice of hearing, which notice shall set forth the time, date and place of hearing and to which a copy of the notice of appeal shall be attached, at least three days prior to the date set for the hearing, to each of the following:

A. The appellant;

B. The applicant or permittee;

C. The city manager;

D. The police department of the city;

E. The business license collector of the city;

F. The city attorney.

(Prior code § 15A-10)

At the time, date and place of hearing, the city council shall hear all interested parties and shall affirm or deny the issuance, denial or revocation of a permit. Within three days thereafter, the clerk of the city shall mail a written notice of decision, which notice shall set forth the decision of the city council, to each of the following:

A. The appellant;

B. The applicant or permittee;

C. The city manager;

D. The police department of the city;

E. The business license collector of the city;

F. The city attorney;

G. To any other person requesting notice.

(Prior code § 15A-11)

Any political subdivision of the state or any public agency shall be exempt from the provisions of this chapter.

(Prior code § 15A-12)

It is unlawful for any person, firm or corporation, acting alone or in concert with any of the foregoing, to do any of the following:

A. Publicly announce or advertise that a public amusement will be held without first procuring a permit;

B. Offer to sell or sell tickets to a public amusement without first procuring a permit;

C. To conduct, give, operate or permit a public amusement without first procuring a permit to do so;

D. To conduct, give, operate or permit a public amusement in violation of any of the conditions, requirements or terms of a permit.

(Prior code § 15A-13)

Any and all of the acts declared herein to be unlawful are further declared to be a public nuisance and the city attorney shall, upon order of the city council, immediately commence actions or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such nuisance and enjoin any person, firm or corporation from doing or committing any of the acts prohibited hereunder.

(Prior code § 15A-14)

The remedies provided for in this chapter shall be cumulative.

(Prior code § 15A-15)