Inyo County Municipal Code Ch. 5.12 Outdoor Festivals

Note: Prior ordinance history: Ord. 181.

"Outdoor festival"

means any music festival, dance festival, rock festival or similar musical activity at which music is provided by paid or amateur performers, by live or prerecorded means, which activity is reasonably anticipated to be attended by more than three hundred people, which is held at any place other than at a permanent building or permanent installation, which building or installation has been constructed for the purpose of conducting similar activities for the number of people anticipated to attend.

(Ord. 371 § 1, 1979)

No person shall operate, maintain, conduct, advertise or sell or furnish tickets for an outdoor festival in the county unless he shall first obtain a license from the county to operate or conduct such festival.

(Ord. 371 § 2, 1979)

Application for a license to conduct an outdoor festival shall be made in writing to the clerk of the board of supervisors, at least sixty days prior to the time indicated for the commencement of the planned activity and shall be accompanied by a nonrefundable application fee of one hundred dollars and shall contain the following information:

A. The name, age, residence and mailing address of the persons 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 said 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 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 minimum and maximum 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 or investing or having a financial interest greater than five hundred dollars in producing the festival;

G. At the time of making application, the applicant shall arrange to be fingerprinted by the office of the Inyo County sheriff.

(Ord. 371 § 3, 1979)

A detailed explanation of the applicant's plan to provide security and fire protection, 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, the arrangements for illuminating the premises and for camping or similar facilities. The applicant's plan shall include what provisions shall be made for numbers of spectators in excess of the estimate and provisions for clean-up of the premises and removal of rubbish after the event has concluded. A plot plan showing the arrangements of the facilities including those for parking, egress and ingress shall be submitted with the application.

(Ord. 371 § 4, 1979)

Upon receipt of a complete application and application fee, the clerk of the board of supervisors shall set the application for public hearing at a regular meeting of the board of supervisors not less than fifteen days nor more than thirty days thereafter, and shall give not less than ten days' written notice thereof to the applicant. The clerk shall promptly give notice of hearing and copies of the application to the sheriff, the county health officer, the director of public works, the county administrator and the director of parks and recreation, who shall investigate the application and report in writing to the board of supervisors not later than the hearing with appropriate recommendations concerning the activities. A notice and copy of the application shall also be sent to the agency having jurisdiction over fire protection.

(Ord. 371 § 5, 1979)

Based upon the testimony of the witnesses and evidence presented at the hearing provided for by Section 5.12.050, and including report of the department heads, the board of supervisors shall grant the license, deny the license or set conditions which must be met, or security given that will be met, before a license may be granted. If the board determines that a license shall issue, the board shall state the anticipated attendance upon which the license is based. If conditions are imposed by the board, the applicant shall furnish or cause to be furnished to the county administrator proof that all conditions have been met before the license may be issued.

(Ord. 371 § 6, 1979)

A. When the county administrator certifies that the conditions have been met, the tax collector shall collect the appropriate fee for the issuance of the license, and upon the collection shall issue a license to the applicant for the specific location authorized for the festival, which license shall specify the name and address of the licensee and the specific day or days for which 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.

B. A fee schedule shall be adopted by the board of supervisors which sets the application fees to which reference is made in Section 5.12.050, and the license issuance fee which is specified in this section.

(Ord. 371 § 7, 1979)

At the hearing required under Section 5.12.050, the board of supervisors may establish conditions which must be met prior to the issuance of any license under this chapter; except that the board may take the matter under submission before determining which condition shall be imposed. Where the board takes the matter under submission, written notice of any conditions imposed is prerequisite to the issuance of a license and must be mailed to the applicant within fifteen days of the original hearing. The conditions which may be imposed by the board of supervisors pursuant to the county's general police power for the protection of health, safety and property of local residents and persons attending festivals in the county shall include, but shall not be limited to the conditions set forth in Sections 5.12.090 — 5.12.230.

(Ord. 181 § 8, 1970)

A. Every licensee shall make arrangements at his own expense for crowd control and public protection. Specifically, he shall propose a plan whereunder peace officers of the state of California shall be present on the premises or available for response to the premises. This plan shall be reviewed and approved by the county sheriff or his authorized representative. The sheriff's review shall be based in part on anticipated attendance, the location of the festival, and any other criteria relevant to law enforcement and public protection. The sheriff shall determine the number of extra peace officers which he will be required to have on duty as a result of the festival. Funds to cover the full cost of the added salary and benefit expenses attributable thereto shall be deposited with the county by the festival licensee ten days prior to the festival.

B. If the applicant's estimate, and thereby the board's estimate, of anticipated attendance proves to be low, and if the sheriff reasonably incurs added expense as a result thereof, the applicant may be billed for the added expense and no future license under this chapter may issue to the applicant until the bill has been paid in full.

(Ord. 371 § 9, 1979)

The licensee shall include in his proposed plan provision for an ample supply of potable running water for drinking and sanitation purposes on the premises of the gathering. The plan shall provide for at least one gallon per person per day based on the anticipated attendance. The licensee's plan shall be approved by the county health officer or his designated representative. The approval shall be based on the location of the festival, anticipated attendance, time of year, anticipated weather conditions, and all other factors relevant to public safety.

(Ord. 371 § 10, 1979)

If the licensee proposes to serve food at the festival, it shall be the licensee's responsibility to insure and guarantee that all food served is served pursuant to all applicable state and county standards. Any apparent conflict with the standards shall constitute grounds for denying the license.

(Ord. 371 § 11, 1979)

Every licensee shall provide at least one enclosed wash-type water closet facility marked "Women" and one such facility marked "Men" on the premises of the festival on the basis of one flush-type water closet for each one hundred females and one for each two hundred males expected to be in attendance. Urinals may be substituted for the required flush-type water closet for two hundred fifty males. Lavatories provided with cold water under pressure, soap and paper towels shall be provided on the basis of one lavatory for each two fixtures required. Where flush-type water closets cannot be made available for the persons in attendance, the supervisors may allow the use of portable chemical toilets. Such chemical toilets must meet the approval of the county health officer before any license may be issued. Chemical toilets shall be emptied and recharged at the licensee's expense as necessary pursuant to procedures established by the county health officer. The pick-up and removal of refuse, trash, garbage and rubbish shall be at least once every twenty-four hours. Removal of all trash and refuse shall be at the licensee's expense.

(Ord. 371 § 12, 1979)

The licensee shall submit a plan to provide medical attention for those in attendance at the festival. The plan must be approved by the county health officer or his authorized representative. In reviewing the plan, the health department may consider relevant criteria, including, but not limited to, the following:

A. Anticipated attendance;

B. Age groups of those in attendance;

C. Duration of festival;

D. Anticipated weather and exposure thereto of those in attendance;

E. Traffic patterns;

F. Access for ambulance, helicopter, and other emergency vehicles;

G. Whether alcoholic beverages will be served;

H. Distance of festival from established medical facilities;

I. Type of activities, if any, which will be held in conjunction with the festival.

(Ord. 371 § 13, 1979)

Every licensee shall provide adequate parking space for persons attending the festival by motor vehicle. A separate parking space must be available for every two persons expected to attend the festival by motor vehicles, based on an average space per car of ten feet by twenty feet. The department of public works shall approve the applicant's parking plan before a license is issued.

(Ord. 371 § 14, 1979)

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 a highway or road which is a county system of highways, or which is a highway maintained by the state. 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 is issued. Additionally, any applicant may be required to show that traffic guards are under his employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area.

(Ord. 371 § 15, 1979)

All festivals which are subject to license under this chapter shall close and cease operation continuously between the hours of two a.m. and six a.m. of each and every day.

(Ord. 371 § 16, 1979)

If the hours during which the outdoor festival can be held as provided in the license are such that any portion thereof is between sunset of one day and sunrise the following day, or the license permits any participant to remain overnight, the licensee shall provide electrical illumination to insure that those areas which are occupied are lighted at all times. The department of public works must approve an applicant's lighting plan as a prerequisite to issuance of a license under this chapter. The licensee shall submit a lighting plan based on all relevant factors including, but not limited to, the following: physical terrain of location, natural hazards at location site, anticipated population and concentration thereof.

(Ord. 371 § 17, 1979)

If the permit allows any participant to remain overnight, the licensee shall provide overnight camping facilities. The plan for these facilities must be approved by the park and recreation department prior to issuance of a permit. The camping facilities shall consist of adequate acreage for camping. The camping facilities shall consist of properly located adequate acreage for camping consistent with the physical nature of the site, the location of drinking water and restroom facilities, and any other factors relevant to the public safety.

(Ord. 371 § 18, 1979)

Any licensee may be required to post an indemnity bond and/or a performance bond in favor of the county in connection with operation of a festival. Bonds required by this chapter must be approved by the district 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 Department of Insurance in an amount determined by the board of supervisors. The bond shall indemnify the county, its agents, officers, servants and employees and the county board of supervisors against any and all loss, 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. Additionally, the county may demand that applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the state, indemnifying the county and the owners of property adjoining the festival site for any costs necessitated for cleaning up and/or removing debris, trash or other waste from in and around the premises. The bond shall be in an amount determined by the board of supervisors.

(Ord. 371 § 19, 1979)

Every licensee shall provide, at his own expense, adequate fire protection as determined by the fire protection agency or agencies having jurisdiction where the event is to be conducted. If the event is located in a hazardous fire area, a suitable number of fire guards shall be employed by the licensee who shall be approved by the responsible fire protection agency or agencies. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by said agency. First aid and fire extinguishment equipment shall be provided as directed by the agency.

(Ord. 371 § 20, 1979)

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.

(Ord. 371 § 21, 1979)

The licensee shall install and maintain, for and during all times the festival is in progress, an emergency communication system which will provide the festival directors contact with the county sheriff department and the fire protection agency which has agreed to provide coverage.

(Ord. 371 § 22, 1979)

Any applicant may be required to make 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.

(Ord. 371 § 23, 1979)

After holding the required public hearing, the board of supervisors 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 or safety standards established by the ordinances of the county 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 employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has previously conducted the type of festival being applied for which resulted in the creation of a public or private nuisance, for which the individual has been convicted or has had a judgment rendered against him in a court of competent jurisdiction within one year of the date of the application by final judgment;

E. That the applicant, his employee, agent or any person associated with applicant as partner, director, officer or associate or manager has been convicted in a court of competent jurisdiction within one year of the date of the application by final judgment involving a similar activity of:

1. An offense involving the presentation, exhibition or performance of an obscene production, motion picture or play or of selling obscene matters, or

2. An offense involving lewd conduct.

(Ord. 371 § 24, 1979)

Any person may file a complaint with the clerk of the board of supervisors or may petition the board of supervisors to conduct a hearing concerning the revocation of the license of any licensee. The clerk of the board of supervisors shall notice the petition for hearing in accordance with the provisions of Section 5.12.030.

(Ord. 371 § 25, 1979)

The county board of supervisors shall have the power to revoke any license or to revoke and reinstate any license upon suitable conditions when the following causes exist:

A. The licensee fails, neglects or refuses to pay to the tax collector the fee prescribed by this chapter;

B. The licensee, his employee or agent fails, neglects or refuses to fulfill any and all of the conditions imposed pursuant to this chapter;

C. The licensee allows the festival to be conducted in a manner which violates any law or regulation established by the ordinances of the county or the laws of the state;

D. 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 narcotics or dangerous drugs;

E. The licensee, his employee or agent is convicted of any of the offenses enumerated under Section 5.12.240 subsequent to the issuance of the license.

(Ord. 371 § 26, 1979)

Notice of intent to revoke any license shall be given and the licensee shall be entitled to a hearing. The clerk of the board of supervisors shall give notice setting forth the cause for revocation and shall state the time and place at which the matter of revocation will be heard before the county board of supervisors. The notice shall be mailed not later than five days prior to the date set for hearing. The board of supervisors shall hear all interested parties and may revoke a license only for one or more causes enumerated by Section 5.12.260.

(Ord. 371 § 27, 1979)

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

1. Conduct or operate a festival without first securing a license to do so;

2. Sell tickets to a festival without a license first having been obtained;

3. Operate, conduct or carry on any festival in such a manner as to create a public or private nuisance;

4. Exhibit, show or conduct within the place of festival any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated;

5. 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;

6. Knowingly allow any person at the licensed festival to use, sell or be in possession of any narcotic or dangerous drug while in and around or near a place of the festival.

B. Any of the violations set forth in subsection A of this section constitutes a criminal act and is punishable pursuant to ordinances of the county and the laws of the state; provided however, that the county retains any and all civil remedies including the right of civil injunction for the prevention of the violation and for the recovery of money damages therefor.

(Ord. 371 § 28, 1979)