Chapter 5.28 — ROCK FESTIVALS

The city council finds and declares that it is necessary for the protection of the health and welfare of the general public and the inhabitants of the city, that rules and regulations be established for the purpose of regulating music festivals, games, shows, exhibitions, activities, amusements, entertainments and gatherings within the city; that to insure the public health and safety, proper sanitary, police, health, and safety measures be provided to regulate music festivals, games, shows, exhibitions, activities, amusements, gatherings and assemblies within the city. (Ord. 298 §1, 1970)

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 wherein the primary purpose will be the presentation of outdoor live or recorded musical entertainment which the person, persons, corporation, organization, landowner, tenant, or lessee believes or has reason to believe will attract seven hundred fifty or more persons unless a valid city permit is first obtained for the conducting and operating of the outdoor public amusement, game, show, exhibition, activity, assembly, entertainment or gathering. A permit shall be required for each outdoor public entertainment, festival, game, show, exhibition, activity, amusement, assembly or gathering where live or recorded music is presented. (Ord. 298 §2, 1970)

Written application for permit to conduct and operate outdoor public amusement, game, show, exhibition, activity, festival, entertainment or assembly, where music, live or recorded, is presented, shall be made to the city council; this application shall be submitted thirty days or more prior to the date upon which the public festival, game, show, exhibition, activity, amusement, entertainment, or assembly is to be or may be held. Application for the permits herein provided shall be approved or denied within forty-five days after the application has been filed. Failure by the city council to act within this period constitutes 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. (Ord. 298 §3, 1970)

Whenever approval by a city or county government department, office or other agency is a condition for the issuance of a permit pursuant to application made therefor as set forth herein, request to such department, office or other agency for such approval shall be made simultaneously with the filing of the application for the permit with the city council, and approval or denial by the government department, officer or agency, shall be made within thirty days after request for permission has been filed with the government department, office or agency. Failure to act within the period by the government department, office or agency constitutes its approval.

(Ord. 298 §4, 1970)

When a physical facility is required or subject to approval hereunder, 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 permit is granted, five 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 herein shall be approved or disapproved on or before the five day period preceding the event. Failure by the department or agency to act as herein required constitutes an approval. If the facilities fail to meet the standards set forth in the plans and specifications therefor which have been conditionally approved, such conditional approval shall be withdrawn and any and all permits granted subject to such approval shall be cancelled and withdrawn. (Ord. 298 §5, 1970)

No permits for a music festival, game, show, exhibition, activity, gathering, assembly, rock festival, amusement or entertainment shall be granted unless the application is approved by the Amador County health department and no permit shall be granted unless the following minimum facilities are supplied:

• A. Every location for which a permit is required under this chapter shall provide adequate drinking facilities approved by the Amador County health department and supplying drinking water of a quality which shall meet the standards of the department of public health of the State of California for human consumption.

• B. Every location for which a permit is required under the terms of this chapter shall be provided with toilets, urinals and handwashing facilities in the number and constructed as required by the Amador County health department; these facilities shall be conveniently located for the use of persons at the permit location.

• C. Separate toilet facilities shall be provided for each sex and shall be so marked. Toilets shall be of the type approved by the Amador County health officer.

• (Ord. 298 §6, 1970)

If any public food service is to be provided on the premises, the applicant shall submit with his or her application for permit, the type of facilities to be provided for such service. Such facilities shall meet the specifications required by the public health department of the county of Amador and the State of California for the type of facility proposed to be used. (Ord. 298 §7, 1970)

No permit shall be granted hereunder unless applicant provides fire protection as shall be required by the city fire commissioner for the location set forth in the permit. No permit shall be granted hereunder unless applicant furnishes, within ten days after filing his or her application, approval in writing of the furnishing of such fire protection services and equipment as may be required by the city fire commissioner to protect the persons attending the entertainment for which the permit is granted. (Ord. 298 §8, 1970)

No permit shall be granted hereunder unless the applicant files written approval of the chief of police indicating that police protection and traffic control have been contracted for or otherwise provided by the applicant to the extent and in the manner required by the sheriff; provided, however, that not less than one traffic control person shall be required for each three hundred persons expected, or reasonably expected, to be in attendance during the time the event for which the permit is granted is scheduled to be held. There shall be one crowd control person for each one hundred persons expected, or reasonably expected, to be in attendance at such event during the time the event is scheduled. Qualifications for such traffic control and crowd control persons shall be determined and approved by the chief of police. Proof that adequate traffic control and crowd control, protection and policing has been contracted for shall be provided to the sheriff of the county of Amador within ten days after filing application for permit. (Ord. 298 §9, 1970)

Application for permit under this chapter shall be accompanied by a scale drawing showing parking facilities at or adjacent to the location for which the permit is required. The location of these facilities shall be shown in relation to the area for which the permit is requested and the distance therefrom. The parking area shall be sufficient in size to provide parking at the rate of one vehicle for each four persons anticipated to be in attendance at the premises for which the permit is sought. The drawing of the parking facilities shall show the methods of ingress and egress from the parking area and the methods of ingress and egress shall be sufficient to provide reasonably easy access and prompt disbursal of traffic. The drawing shall be accompanied by written authorization from the owner or the agent of the owner permitting parking on the area shown for parking facilities.

(Ord. 298 §10, 1970)

The application for permit shall include a provision authorizing law enforcement and other public officers, including fire control and health officers, to enter upon the premises for which the permit is sought for the purpose of inspection and enforcement of the terms and conditions of the permit and the granting of such permit shall be conditioned upon the permitting of this access for such purposes by these persons.

(Ord. 298 §11, 1970)

The applicant shall set forth in each application for permit, the buildings, structures or improvements that will be used by the applicant for the purposes set forth in the permit. No existing building, structure or improvement on the premises shall be used until it has been inspected and approved by the department of plans and inspections of the county of Amador, and written approval shall be provided for the city council within ten days after the application for permit is filed, by the department of plans and inspections. In the event applicant desires to construct a building, structure or improvement on the premises, the design thereof shall be submitted to the department of plans and inspections may grant conditional approval on the basis of plans, specifications and designs submitted. Any such proposed structure shall be constructed and placed in position, at location, five days or more before the date the event is scheduled to take place; shall be inspected by the department of plans and inspections of Amador County, and such structure shall be approved or disapproved on or before the fifth day prior to the date the event for which the permit is sought is scheduled. Failure of the department of plans and inspections to inspect the structure within the time set forth herein constitutes an approval thereof. If, on inspection, the facilities fail to meet the standards set forth in the plans and specifications submitted therefor and which have been conditionally approved, such conditional approval shall be withdrawn and cancelled and all permits granted subject to such approval shall be cancelled and withdrawn; if a permit has not been issued, it shall not be granted. (Ord. 298 §12, 1970)

Any application for permit hereunder shall be accompanied by a permit fee of one thousand dollars.

(Ord. 298 §13, 1970)

No permit shall be issued hereunder until the applicant has deposited with the city clerk a surety bond, issued by a duly licensed surety company doing business in the State of California, conditioned to indemnify the city for damage to any of its property and any expense necessarily incurred by reason of the conducting of the event for which a permit is issued hereunder and to indemnify any person, firm or corporation for damage caused by vehicles, operators, employees or participants in such music festival, gathering, event, game, show, activity, exhibition, or assembly. The principal amount of bond required hereby shall be ten thousand dollars. Any permit issued pursuant to the provisions of this chapter limits the use of any premises licensed hereunder to such hours as are prescribed by the city council, in not to exceed two consecutive days; this permit expires not later than two a.m. on the second day. (Ord. 298 §14, 1970)

Notwithstanding any of the provisions of this chapter if any gathering, festival, assembly, game, show, exhibition, event or activity, as herein referred to, is to be conducted by a bonafide charitable organization for the purpose of raising funds for charitable uses and from which no part of the gross receipts herefrom shall inure to the private benefit of any individual, corporation, partnership or association, excepting so far as these gross receipts may be expended for the purpose of necessary materials and supplies for such enterprise, the city council may waive the permit fee for which provision is made in this chapter and, in lieu thereof, may impose such requirements as it deems necessary and proper to insure the proper inspection and policing of the enterprise. And further, notwithstanding the provisions of this chapter, if such festival, game, show, exhibition, activity, amusement, event, or other enterprise is to be conducted by a bonafide charitable organization for the purpose of raising funds for charitable use, the city council may waive the permit fee provided for herein and, in lieu thereof, impose such requirements, if any, as it deems necessary and proper to insure the proper inspection and policing of the premises. And, further, also excepted from the provisions of this chapter are local traditional events, as of April 20, 1970.

(Ord. 298 §15, 1970)

No permit shall be issued for the operation of any festival, game, exhibition, show, event, activity, gathering, or assembly, to any person, firm or corporation when, in the judgment of the city council, the conducting thereof will be inconsistent with the best public interests. (Ord. 298 §16, 1970)

No permit shall be issued to any person under the age of twenty-one years. Every permit issued hereunder shall reserve for the city council the right to revoke such permit without notice. or formal hearing and such rights to revoke is a consideration for the issuance of such permit. Revocation without notice or formal hearing shall be only upon a finding by the city council that the provisions of this chapter, or the requirements set forth in the conditions under which the permit is granted, or any law has been violated by a permittee and the action of the city council in revoking such permit shall be final.

(Ord. 298 §17, 1970)

No activity for which a permit is sought under the provisions of this chapter shall be operated or conducted or carried out at any location which is closer than one thousand three hundred twenty feet from any schoolhouse, church or residence; provided, however, that the provisions of this section shall not apply if the owner of each residence or the governing body of each school and/ or church within the one thousand three hundred twenty feet shall waive the requirements of this section in writing.

(Ord. 298 §18, 1970)

Any permit issued hereunder shall be posted in a conspicuous place on the premises for which it is issued and shall not be transferrable or assignable without the consent of the city council and no rebate or refund of the money, or any portion thereof, paid for such permit hereunder shall be made.

(Ord. 298 §19, 1970)

The application for permit to be issued hereunder shall be made in writing and shall be accompanied by a deposit of the fee required hereby. It shall be signed by the person to whom such permit shall be issued or his or her manager or agent. The full name and address of the applicant shall be given and if the applicant is a partnership the names of all the partners and their respective addresses shall be set forth in full, together with the location of the principal office or place of business of such partnership. If the application is by a corporation the names and addresses of the president, vice-president and secretary shall be given together with the address and location of the principal office or place of business of such corporation. The application shall state the location of the premises to be occupied and for which the permit is sought and shall state the applicant will abide by all the rules and regulations of this chapter and the city rules and regulations and ordinances applicable to the event being staged at the location, and all laws in effect for the protection, health, morals and safety of the persons in attendance at the event, the persons employed at such event, the participants thereof and the general public. Application for permit shall be filed with the city clerk.

(Ord. 298 §20, 1970)

Any use, occupation, building or structure maintained contrary to the provisions of this chapter constitutes a public nuisance.

(Ord. 298 §21, 1970)

The penalty for violations of this chapter shall be as prescribed in Section 1.20.010. (Ord. 298 §23, 1970; Ord. 334 §2, 1973)