Mendocino County Municipal Code Ch. 6.16 Outdoor Festivals

For the purpose of this chapter, "Outdoor festival" shall mean and include any outdoor gathering of one thousand (1,000) or more individual persons for the primary purpose of attending or participating in or observing any of the following events to which the public is admitted, with or without the payment of admission charges:

(A) A musical or theatrical performance.

(Ord. No. 1317, adopted 1974, as amended by Ord. No. 1588, adopted 1975.)

(B) A fair, meaning any exhibition of crafts, of agricultural or industrial products, or of any other handiwork or product.

(Ord. No. 1317, adopted 1974, as amended by Ord. No. 1588, adopted 1975.)

Unless otherwise exempted, it is prohibited and unlawful for any individual, partnership, corporation, organization, or other person to promote, operate, maintain, conduct, advertise, lease property for, or sell or furnish tickets or other types of authority for admission to, any outdoor festival unless a license permitting the outdoor festival has been issued by the Tax Collector of the County of Mendocino after approval of the Board of Supervisors.

(Ord. No. 1317, adopted 1974.)

An outdoor festival held on fairgrounds operated by the State of California, by the County of Mendocino, or by any other public entity shall be exempt from the requirements of this Chapter.

(Ord. No. 1317, adopted 1974.)

The application for a license permitting an outdoor festival shall require at least fifteen (15) days for processing by the County of Mendocino under this Chapter. The application shall be filed with the Tax Collector of the County by 12:00 p.m. (noon) on the Monday next preceding the Tuesday meeting of the Board of Supervisors at which approval is sought. The Tax Collector shall review the application and, upon finding it complete, shall submit it to the Clerk of the Board of Supervisors by 12:00 p.m. (noon) of the following Wednesday. The Clerk shall forthwith place the matter on the agenda of the Board's next regular meeting. The application shall be accompanied by a nonrefundable fee which shall be of an amount to be set by resolution of the Board of Supervisors, and which shall contain the following information and accompanying documents.

(Ord. No. 1317, adopted 1974, as amended by Ord. No. 1981, adopted 1977, as amended by Ord. No. 3277, adopted 1979.)

(A) The name, age, residence, 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 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.

(Ord. No. 1317, adopted 1974, as amended by Ord. No. 3277, adopted 1979.)

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

(Ord. No. 1317, adopted 1974, as amended by Ord. No. 3277, adopted 1979.)

(C) The date or dates and the hours during which the outdoor festival is to be conducted.

(Ord. No. 1317, adopted 1974, as amended by Ord. No. 3277, adopted 1979.)

(D) A realistic estimate of the maximum number of spectators, participants, and other persons expected to attend the outdoor festival for each day it is conducted.

(Ord. No. 1317, adopted 1974, as amended by Ord. No. 3277, adopted 1979.)

(E) A statement from the Sheriff of the County of Mendocino attesting to the adequacy of the proposed security arrangements or a statement from the Sheriff itemizing the deficiencies preventing him from issuing a statement of adequacy.

(Ord. No. 1317, adopted 1974, as amended by Ord. No. 1588, adopted 1975, as amended by Ord. No. 3277, adopted 1979.)

(F) A statement from the County Health Officer of the County of Mendocino attesting to the adequacy of the proposed sanitation facilities, food preparation and handling arrangements, and waste disposal facilities or a statement from the County Health Officer itemizing the deficiencies preventing him from issuing a statement of adequacy.

(Ord. No. 1317, adopted 1974, as amended by Ord. No. 3277, adopted 1979.)

The applicant shall provide the Sheriff and the County Health Officer whatever information said officers reasonably require in order to issue the aforesaid statements of adequacy. The Sheriff and the County Health Officer shall have ten (10) days from the date a request for such statement is made in which to issue either (1) the aforesaid statement of adequacy or (2) a statement itemizing the deficiencies preventing him from issuing a statement of adequacy.

(Ord. No. 1317, adopted 1974.)

The Board of Supervisors shall review the application for the license at its regular meeting following the timely filing of the application. It shall either approve, conditionally approve, or deny the license, and in doing so it shall act reasonably with a view to the public interest and the rights of all parties. In approving or conditionally approving the license, the Board shall specify the location for the outdoor festival and the specific days during which it may take place and shall establish all other terms reasonably required including guarantees for faithful performance. The Board shall neither deny a license nor impose conditions thereto on technical or frivolous grounds. The Board shall not deny a license by reason of the content of the proposed performance to the extent such content is not constitutionally prohibited by the laws of the County of Mendocino or the State of California. The Board shall take action on the day it reviews the application unless it continues the matter which may be done only with the express consent of the applicant.

(Ord. No. 1317, adopted 1979.)

Upon determining that the Board of Supervisors has approved the license and that the applicant has complied with all conditions precedent to the issuance of the license, the Tax Collector shall issue the license to the applicant permitting the outdoor festival at the specific location authorized, and for the specific days authorized, and upon the compliance by the applicant with all other conditions established by the Board.

A nonprofit organization shall be exempt from the payment of any fees for any license required under this Chapter provided, however, that the net proceeds from the outdoor festival do not inure to the benefit of any private persons, partnership, or corporation.

The Board of Supervisors shall have the right to revoke any license issued pursuant to this Chapter, after a public hearing has been held and after oral or written notice is received by the licensee at least twenty-four (24) hours prior to such hearing, for any of the following causes:

(a) The licensee permits the outdoor festival to be conducted in a disorderly manner or allows any person to remain on the premises while under the influence of intoxicating liquor, marijuana, or any narcotic or dangerous drug as defined by the California Health and Safety Code.

(b) The licensee violates or attempts to violate any law of the State of California or any ordinance of the County of Mendocino.

(c) The licensee has 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.

Written notice of such revocation shall be forwarded by the Clerk of the Board to the Tax Collector, the Sheriff, and the licensee at the address given in the application. Such revocation shall become effective immediately upon order of the Board.

The Sheriff of the County of Mendocino may suspend operation and close any outdoor festival prior to the expiration of the term for which the license is granted in the event of a riot, major disorder, or serious breach of the peace which, in his reasonable opinion, threatens injury to person or persons or damage to property.

No license granted under this Chapter shall be transferable to any other person or removable to any other location.

Any violation of this chapter, or of any term or condition of any permit issued pursuant to this chapter, shall be a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail not exceeding ninety (90) days. A separate offense shall be deemed to have been committed for each day that such violation continues.

(Ord. No. 1317, adopted 1974, as amended by Ord. No. 1588, adopted 1975.)

Any violation of this chapter, or of any term or condition of any permit issued pursuant to this chapter, is hereby declared to be a public nuisance.

(Ord. No. 1317, adopted 1974, as amended by Ord. No. 1588, adopted 1975.)