Mono County Municipal Code Ch. 5.40 Outdoor Festivals

"Outdoor festivals" means any music festival, dance festival, "rock" festival or similar musical activity at which music provided by paid or amateur performers or by prerecorded means, which is held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of conducting such activities or similar activities, and to which members of the public are invited or admitted for a charge or free of cost.

(Ord. 398 § 1, 1970.)

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

(Ord. 398 § 2, 1970.)

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 person 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 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, 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 Mono County sheriff.

(Ord. 398 § 3, 1970.)

A detailed explanation of the applicant's plans 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 plans shall include what provisions shall be made for numbers of spectators in excess of the estimate, provisions for clean-up of the premises and removal of rubbish after the event has concluded. A plot plan showing arrangement of the facilities including those for parking, egress and ingress shall be submitted with the application.

(Ord. 398 § 4, 1970.)

Upon receipt of a complete application and the 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 road commissioner, the director of planning and building, who shall investigate the application and report in writing to the board of supervisors not later than the hearing with appropriate recommendations concerning the activity.

(Ord. 398 § 5, 1970.)

Based upon the testimony of the witnesses and evidence presented at the hearing provided for in Section 5.40.050 including the report of said department heads, the board of supervisors shall grant the license, deny the license or set conditions which must be met, or security given that they will be met, before a license may be granted. If conditions are imposed by the board, the applicant shall furnish or cause to be furnished to the director of planning and building proof that all conditions have been met before the license may be issued

(Ord. 398 § 6, 1970.)

When the director of planning and building certifies that conditions have been met, the tax collector shall, upon payment of one hundred dollars per day of operation, issue a license to the applicant for the specific location authorized for the festival, specifying the name and address of the licensee, the kind of festival licensed and the number of days operation 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.

(Ord. 398 § 7, 1970.)

At the hearing required under Section 5.40.050, 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 a matter under submission before determining which conditions shall be imposed. Where the board takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license 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 5.40.090—5.40.230.

(Ord. 398 § 8 (part), 1970.)

Every licensee shall employ, at his own expense, police protection. The number and type of officers shall be determined and specified by the sheriff to provide for the preservation of order and protection of property in and around the place of the festival. Funds to employ this specified number of law enforcement officers at the current hourly salary rate for sheriff's deputies shall be deposited with the county at least ten days prior to the specified date the activity is to occur. A minimum of one law enforcement officer for every five hundred persons expected to be in attendance shall be required. Where the sheriff specifies the employment of off-duty peace officers to meet the requirements of this chapter, the peace officers shall be under the complete direction and control of the sheriff of the county. The sheriff must be satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to and following the event, before a license is issued.

(Ord. 398 § 8(a), 1970.)

Water for human consumption shall be provided in a manner and amount as approved by the health officer, sufficient to serve the expected spectators and participants.

(Ord. 398 § 8(b), 1970.)

Where the proposed festival is to be held a substantial distance from public eating places, food handling places or like establishments, applicant shall be required to demonstrate that food will be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance. Concessionaires must be licensed and operate under a valid health department permit pursuant to local ordinances and state laws.

(Ord. 398 § 8(c), 1970.)

Every licensee shall provide at least one enclosed flush-type water closet facility marked "Women" and one such facility marked "Men" on the premises of a festival on the basis of one flush-type water closet for each forty females and one for each forty males expected to be in attendance. Urinals may be substituted for the required flush-type water closets for men on the ratio of one urinal and one flush-type water closet per sixty males. Lavatories provided with cold water under pressure, soap and paper towels shall be provided on the basis of one lavatory for each seventy-five persons expected to be in attendance. 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. Every licensee shall be required to furnish at least one trash can with thirty-six gallon capacity with a tight fitting lid for each twenty-five persons expected to be in attendance, an adequate supply of plastic bag liners to fit the trash receptacles shall be provided and each container shall at all times have a plastic bag liner inserted and when full it shall be tied, removed and a new plastic bag liner inserted. The pickup and removal of refuse, trash, garbage and rubbish shall be at least once a day and more often if required by the health officer. A signed contract with a licensed refuse collector shall be submitted to the county health officer and a copy of same filed with the health officer. Removal of all trash and refuse shall be at the licensee's expense.

(Ord. 398 § 8(d), 1970.)

Where a proposed festival is expected to attract a large number of persons for a site located a substantial distance from adequate existing treatment facilities the applicant shall be required to provide emergency medical treatment facilities on the premises of the festival. Where the proposed festival is located close to adequate existing facilities the applicant shall provide, as required by the health officer, emergency treatment facilities on the premises of the festival.

The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff the facilities and the quantity of medical drugs, supplies, ambulances and other equipment that must be on the site shall be approved by the county health officer prior to the issuance of any license under this chapter. The county health officer shall calculate the need for medical services, based on the number of persons expected to attend a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements.

Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients or staff to appropriate on and off-site treatment facilities.

(Ord. 398 § 8(e), 1970.)

Every licensee shall provide adequate parking space for persons attending the festival by motor vehicle. Persons desiring to operate or conduct a festival may be called upon to provide a separate parking space for every two persons expected to attend the festival by motor vehicle. Such individual parking spaces shall be clearly marked and shall not be less than twelve feet wide and twenty feet long. The director of planning and building must approve an applicant's "parking plan" before a license shall be issued.

(Ord. 398 § 8(f), 1970.)

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 part of the county system of highways, or which is a highway maintained by the state. A special access way for fire equipment, ambulances and other emergency vehicles may be required. The road commissioner must approve the licensee's plan for ingress and egress before a license shall be 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. 398 § 8(g), 1970.)

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. 398 § 8(h), 1970.)

Every licensee planning to allow persons who attend the festival to remain on the premises after dark shall provide electrical illumination to insure that those areas which are occupied are lighted at all times. The director of planning and building must approve an applicant's lighting plan as a prerequisite to issuance of a license under this chapter.

A licensee may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:

;b;Illumination;\b;;lf;;b;Watts/Sq. Ft.;\b>

;b;Illumination;\b;;lf;;b;Watts/Sq. Ft.;\b>

Open areas reserved for spectators .....0.50

Stage areas .....5.00

Parking and overnight areas .....0.25

Restroom and concession areas .....1.00

(Ord. 398 § 8(i), 1970.)

Overnight camping facilities shall be provided as required by the director of planning and building.

(Ord. 398 § 8(j), 1970.)

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 county counsel 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 the 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 board of supervisors of the county 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. 398 § 8(k), 1970.)

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 the agency. First aid fire extinguishment equipment shall be provided as directed by the agency.

(Ord. 398 § 8(l), 1970.)

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. 398 § 8(m), 1970.)

Licensee shall be required to establish a communication system for public use where ordinary communications are not available.

(Ord. 398 § 8(n), 1970.)

Any applicant may be required to meet 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. 398 § 8(o), 1970.)

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 and 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;

E. That the applicant, his employee, agent or any person associated with applicant as partner, director, officer, associate or manager has been convicted in a court of competent jurisdiction, within one year of 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 matter, or

2. An offense involving lewd conduct.

Where the application is denied, the clerk of the board of supervisors shall mail to the applicant written notice of denial within fourteen days of the action, which notice shall include a statement of the reasons the application was denied.

(Ord. 398 § 9, 1970.)

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 5.40.050.

(Ord. 398 § 10, 1970.)

The board of supervisors of the county 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 or 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 narcotic or dangerous drug;

E. The licensee, his employee or agent is convicted of any of the offenses enumerated under Section 5.40.240, subsequent to the issuance of the license.

(Ord. 398 § 11, 1970.)

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 board of supervisors of the county. 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 5.40.260.

(Ord. 398 § 12, 1970.)

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

A. Conduct or operate a festival without first procuring a license to do so;

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

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

D. 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.

Any of the above enumerated violations constitutes a criminal act and is punishable pursuant to this code 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 violations and for the recovery of money damages therefor.

(Ord. 81-493 §§ 10, 11, 1981; Ord. 398 § 13, 1970.)

When such festival is to be conducted by a nonprofit organization and has a community endorsement, application may be made to the county administrative officer for a waiver of the requirements of this chapter.

(Ord. 95-01 § 1, 1995: Ord. 78-398-A § 1, 1978.)