Marin County Municipal Code Ch. 5.12 Circuses, Carnivals and Amusements

It is unlawful to hold, manage, conduct, advertise, sell or furnish tickets or other types of written authority for admission to, or cause to be so done, in whole or in part, any circus, carnival, sideshow, merchandise booth, game of skill or game of chance, amusement, exhibition, festival, concert or entertainment of any kind, without a license first having been secured from Marin County in compliance with the provisions of this chapter.

(Ord. 1747 § 1 (part), 1970)

(a) Except as otherwise provided herein, a license shall be secured from the community development director or the board of supervisors. Written application therefore shall be filed at least forty-five days in advance of the event and contain the following information:

(1) Name, residence and mailing address, and telephone number of the applicant. If the application is made by a partnership, the names and addresses of all general partners shall be included. If the applicant is a corporation, the application shall be signed by the president and attested to by the 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. The address and telephone number of the principal place of business of the applicant shall also be included in the application;

(2) The location and legal description of the premises where the event is proposed to be conducted, including all lands to be used for parking, or other uses incidental to the event. The applicant shall submit proof of ownership of the premises or the written consent of all owners thereof for the proposed use;

(3) The days and hours upon which the activities will be conducted;

(4) Schedule of the entrance fees or other charges (if any) to be made for admission or participation therein;

(5) Comprehensive description of all activities planned, including the number of booths and events;

(6) An estimate of the maximum number of spectators, participants or other persons expected to attend the event for each day it is conducted;

(7) The location and size of the grounds, and location and description of all buildings, structures or equipment located or to be located thereon;

(8) Parking accommodations to include defined parking areas and number of spaces provided, also illumination and related arrangements if night activity anticipated, such as night camping by spectators and/or participants;

(9) Traffic flow patterns, vehicular and pedestrian;

(10) Sanitation plans: water, sewerage, food dispensing activities and rubbish cleanup and removal;

(11) Methods of solicitation and advance promotion;

(12) On site policing and fire control arrangements, and communications system;

(13) Alternate plan: provisions for standby or alternate personnel equipment and/or facilities to be available in case size of group in attendance exceeds or is likely to exceed the anticipated estimate given in subdivision (9) herein;

(14) Provisions for emergency medical and first aid services;

(15) Such other information as may be reasonably deemed necessary for the purposes of evaluating the application.

(b) County maintained roads and right-of-ways shall not be used for events unless a permit therefore has been first obtained from the public works department in accordance with the provisions of this chapter.

(c) County parks shall not be used for events unless a permit therefore has been first obtained from the Department of Parks, Open Space and Cultural Services in accordance with the provisions of this chapter.

(Ord. 3386 § 1, 2003: Ord. 1769 § 1, 1970: Ord. 1747 § 1 (part), 1970)

For any permits issued by the community development agency director, the license application shall be accompanied by a nonrefundable fee of three hundred dollars for the first day and one hundred dollars for each additional day or portion thereof the event will be maintained plus a deposit of such additional sums as are estimated by the community development agency director or board of supervisors to cover actual costs of required inspection and regulation that may exceed the amount collected as daily license fee under Section 5.12.060 of this chapter. Any permits issued by the department of public works director or the parks, open space and cultural services shall be in the amount established by the board of supervisors.

(Ord. 3386 § 2, 2003: Ord. 1247 § 1 (part), 1970)

If the event will be conducted on public property for the use of which the applicant is required to pay a fee, the fee may be credited against the fee required to be paid pursuant to Section 5.12.030.

(Ord. 1252 § 1, 1970)

The responsible department director shall require the applicant to post a bond in a form acceptable to the county counsel and in an amount sufficient to guarantee compliance with conditions of the license and to compensate for possible damage caused by the event.

(Ord. 3386 § 3, 2003: Ord. 1747 § 1 (part), 1970)

No license shall be issued unless the location has been inspected by the administrator and/or other appropriate county officials and found to be free from any health or safety hazards.

(Ord. 1747 § 1 (part), 1970)

The appropriate department director shall issue a license with appropriate conditions within thirty days of applicant's filing a complete application with all required information therefore, if the director finds that the proposed event will not be detrimental to the peace, health, safety, convenience or welfare of the general public and of persons residing or working in the neighborhood, and the event will not be injurious to property or improvements in the neighborhood.

Appropriate conditions of approval may address but are not limited to the following:

(a) Provision of parking to accommodate the projected number of cars;

(b) Mitigation of potential fire hazards;

(c) Provision of sanitation facilities to meet environmental health standards and requirements;

(d) Provision of police protection, crowd control, and mitigation of potential safety hazards;

(e) Mitigation and control of potential nuisance impacts such as noise and lights;

(f) Limits on size of event, and on dates and times of operation;

(g) Notification of surrounding property owners.

(Ord. 3386 § 4, 2003: Ord. 1752 § 2, 1970: Ord. 1747 § 1 (part), 1970)

The appropriate department director, after notice to the licensee, may revoke the license at any time if the director finds that:

(a) The event is not being conducted as represented on the application;

(b) The conditions of the license are being violated;

(c) Changed conditions have created public hazards which did not exist at the time the license was granted.

(Ord. 3386 § 5, 2003: Ord. 1747 § 1 (part), 1970)

The applicant, or any other person who is aggrieved by any action of the appropriate department director hereunder, may appeal the matter to the board of supervisors by filing a written protest with the clerk of the board within ten days from issuance or denial of a license. The decision of the board of supervisors shall be final.

(Ord. 3386 § 6, 2003: Ord. 1747 § 1 (part), 1970)

In all cases in which the anticipated daily attendance is expected to exceed five thousand persons, application for a permit shall be made directly to the board of supervisors. In such cases, all references in this chapter to the responsible department director agency director shall be deemed to apply to the board of supervisors. The board of supervisors shall, after rendition of such notice as the board deems appropriate, if any, consider the application at a regular meeting at which interested parties may be heard on the application. At the conclusion of the hearing, the board of supervisors may grant or deny the permit or grant the permit subject to such conditions as it deems necessary to effectuate the purposes of this chapter on the basis of standards set forth in Section 5.12.060 of this chapter. The board of supervisors shall render a decision within thirty days following the filing of the application.

(Ord. 3386 § 7, 2003 : Ord. 1747 § 1 (part), 1970)

The provisions of this chapter shall not apply to regularly scheduled school athletic events, or to any event described in Section 5.12.010 of this chapter where the anticipated daily attendance is not expected to exceed one thousand persons, or to any event scheduled on Marin County parks and open space property and regulated or produced by the county department of parks and open space.

(Ord. 3386 § 8, 2003: Ord. 1796 § 1, 1970: Ord. 1747 § 1 (part), 1970)

No license granted under the provisions of this chapter shall be transferable or removable to another location.

(Ord. 1747 § 1 (part), 1970)

Other than seeing-eye dogs for the blind or dogs performing or exhibiting at an event, no dogs shall be permitted to accompany patrons whether under restraint or not.

(Ord. 1747 § 1 (part), 1970)

In addition to prosecution for misdemeanor violations as provided by Sections 1.04.160 and 1.04.170, the county may seek any other appropriate civil remedy or criminal sanction, as provided by law, to affect the purposes of this chapter.

(Ord. 1747 § 1 (part), 1970)

The requirements of this chapter are not intended to supersede or replace any other requirements of law.

(Ord. 1747 § 1 (part), 1970)