Napa County Municipal Code Ch. 5.36 Temporary Events

"Attended" means expected or invited to attend and/or participate in the temporary event for each day it is conducted, including all persons or entities other than the applicant who will provide services or goods during the event.

"Department" means the county planning, building and environmental services department.

"Director" means the director of the department.

"License" means a permit issued by the department to conduct an event under this chapter.

"Local public agency" means a public agency other than a federal agency or public agencies exempt from county zoning or building ordinances under Government Code Section 53090, et seq.

"Nonprofit corporation" means a charitable, nonprofit corporation qualified under of the Internal Revenue Code.

"Parcel" means the legal parcel or real property comprised solely of contiguous legal parcel(s) under common ownership;

"Election period" means the period between the date a candidate has completed their declaration of candidacy or a measure has qualified and the date six months following publication of the statement of vote for that office or measure.

"Prior to the event" means prior to the first date of the event.

"Temporary event" or "event" means any festival, fair, show, showcase, house or garden design tour, concert, dance, rally, parade, demonstration or competition of creative athletic form, or any other gathering or assemblage of individuals for the purpose of observing or engaging in expressive activities within the ambit of the First Amendment of the United States Constitution and Sections 2, 3 and 4 of Article 1 of the California Constitution, including, but not limited to, music, dance, theater, speech, athletics, or any other visual, audio, or tactile arts or combination thereof, including incidental retail sales of the products of such activities, as long as such sales are not advertised off-site; which is held at any place other than a highway as defined in Section 10.24.010 of this code, a permanent building or installation constructed and primarily used for the purpose of conducting such activity or one similar thereto, property owned or leased by the state of California, or property owned or leased by a public school district for use as a public school site, and to which the public is invited or admitted with or without the payment of an admission charge.

"Temporary Events Manual" or "manual" means a manual approved by the board which contains the minimum standards which must be complied with for issuance of a license to conduct an event under this chapter.

"Tickets" means any type of written authority for admission to an event regardless of whether there is an admission charge.

(Ord. 1272 § 1 (part), 2006)

(Ord. No. 1369, § 4, 3-13-2012; Ord. No. 1379, § 17, 1-29-2013)

Any event held in the county must fall within one of the following categories:

A. Category 1. An event which complies with the following:

1. Will be attended by fifty or fewer persons per day;

2. Has no amplified sound system other than a system completely enclosed within a building;

3. Has no outdoor illumination beyond that which exists and is operated legally in connection with permanent buildings or installations on the premises; and

4. Is proposed for no more than three consecutive days per event, with a separation of at least four days (if a three-day event) or five days (if a one- or two-day event) between the event and any other category of event held on the same parcel.

B. Category 1A. An event which complies with the following:

1. Will be conducted by, on behalf of or in opposition to a declared candidate for elective public office or a qualified measure as a fundraiser or rally for the campaign for or against such candidate or measure;

2. Will be conducted only during the election period;

3. Is proposed for no more than one day per event, with a separation of at least six days between the event and any other category of event held on the same parcel;

4. Will result in no more than two Category 1A events occurring during the same election period on the same parcel; and

5. Will be attended by three hundred or fewer persons per day.

C. Category 1B. An event which is authorized by an approved use permit or has been recognized by a certificate of present extent of legal nonconformity (CLN) issued pursuant to this code.

D. Category 2A. An event which meets all of the requirements for a Category 1 event in subsections (A)(1) through (4) of this section except that either: (1) an amplified sound system which is not completely enclosed by a building will be used; or (2) the event will occur on a parcel with a use permit or CLN but the event does not qualify as a Category 1B event because it is not authorized by the use permit or CLN. No more than six Category 2A events per calendar year shall occur on the same parcel.

E. Category 2B. An event which complies with the following:

1. Will be attended by more than fifty but no more than two hundred persons per day;

2. Is proposed for no more than three consecutive days per event, with a separation of at least four days (if a three-day event) or five days (if a one- or two-day event) between the event and any other category of event; and

3. Will result in no more than six Category 2B events per calendar year occurring on the same parcel.

F. Category 3. An event which complies with the following:

1. Will be attended by more than two hundred but no more than four hundred persons per day;

2. Is proposed for no more than three consecutive days per event, with a separation of at least four days (if a three-day event) or five days (if a one- or two-day event) between the event and any other category of event; and

3. Will result in no more than six Category 3 events per calendar year occurring on the same parcel.

G. Category 4. An event which complies with the following:

1. Will be attended by more than four hundred persons per day;

2. Is proposed for no more than three consecutive days per event, with a separation of at least four days (if a three-day event) and five days (if a one- or two-day event) between the event and any other category of event; and

3. Will result in no more than three Category 4 events per calendar year occurring on the same parcel.

H. Category 5. An event which does not meet the category of an event under subsections (A) through (G) of this section but which will occur no more frequently than once per year and complies with the following:

1. The event and any related ancillary activities have been specifically authorized by a resolution of the board which specifies any time, place and manner regulations determined by the board to be necessary to protect the health and safety of the attendees and the residents of the county;

2. The event is sponsored by a nonprofit corporation in existence for a period of at least two decades during which it has furthered the general welfare of the residents of the county by providing over fifty million dollars to other nonprofit groups or entities to fund health care, educational, housing or other charitable services to the needy within the county;

3. During the period of its existence, the event sponsor has regularly conducted similar annual events in the county for the purpose of raising funds for the charitable purposes described in subsection (H)(2) of this section; and

4. The proposed event and its ancillary activities will be conducted for the purpose of continuing to raise funds for the charitable purposes described in subsection (H)(2) of this section.

I. Subsequent Events. Any category of an event for which the applicant, location, type and size of activity are substantially the same as an event of the same category licensed or otherwise authorized under this chapter which occurred no more than twenty-four months earlier.

(Ord. 1272 § 1 (part), 2006)

A. Categories 1, 1A, 1B, or 5 Events Permitted Without a License.

1. Any Category 1, 1A, or 1B or Subsequent Category 1, 1A, or 1B event may be lawfully advertised and conducted within the county without obtaining a license under this chapter.

2. Any Category 5 event may be lawfully advertised and conducted within the county only if a resolution of the board has first been adopted which specifically authorizes the Category 5 event. A Subsequent Category 5 event may be lawfully advertised and conducted within the county without obtaining a license under this chapter or approval of the board provided that:

a. The event sponsor submits a written application to the department at least sixty days prior to the Subsequent Category 5 event which describes the event and identifies the date, nature, and location of any ancillary activities of the event that will be held in conjunction with or as part of the Subsequent Category 5 event, that will be attended by more than fifty-one persons at one time;

b. The ancillary activities are of the same nature and substantially of the same size as those held in conjunction with the previous Category 5 event approved by resolution of the board; and

c. The Subsequent Category 5 event and its ancillary activities are conducted in accordance with all time, place and manner regulations imposed by the board in its resolution which approved the previous Category 5 event.

B. License Required for Category 2A, 2B, 3, 4 or Subsequent Category 2A, 2B, 3 or 4 Events. It is unlawful for any individual, partnership, association, limited liability company, local public agency, or corporation to operate, maintain, conduct, sell or furnish tickets to a Category 2A, 2B, 3, 4 or Subsequent Category 2A, 2B, 3 or 4 event in the county without first obtaining a license from the county to operate or conduct such event and comply with all of the conditions, standards, and requirements applicable under this chapter.

C. All Other Temporary Events Prohibited. It is unlawful for any individual, partnership, association, limited liability company, local public agency or corporation to operate, maintain, conduct, sell or furnish tickets to an event unless the event meets all of the criteria for a Category 1, 1A, 1B, 2A, 2B, 3, 4, 5 or Subsequent Category 1, 1A, 1B, 2A, 2B, 3, 4 or 5 event as defined in Section 5.36.015 and is authorized in accordance with the requirements of this chapter.

(Ord. 1272 § 1 (part), 2006)

A. An application for a license to conduct a Category 2A, 2B, 3, 4 or Subsequent Category 2A, 2B, 3, or 4 event shall be made in writing on a form prescribed by the department and shall be accompanied by the fee established by the board. The application must be complete and all fees paid before the department will begin to process the application.

B. An application for a license to conduct a Category 2A, 2B, 3, or 4 event shall be submitted to the department sixty days or more prior to the event. A completed application that is submitted between fifty-nine and fifty days prior to the event shall be deemed late and shall not be processed unless the applicant has also paid a nonrefundable, nonwaivable late fee in the amount established by resolution of the board. No application submitted less than fifty days before the date of commencement of the event shall be accepted for processing, no license shall be issued, and the event shall not be authorized under this chapter.

C. An application for authorization from the board to conduct a Category 5 event shall be made in writing on a form approved by the department and shall be submitted to the clerk of the board. It shall be accompanied by the fee established by resolution of the board.

D. An application for a license to conduct a Subsequent Category 2A, 2B, 3 or 4 event shall be submitted to the department at least sixty days prior to the event. A completed application that is submitted between fifty-nine and fifty days prior to the event shall be deemed late and shall be accepted for filing and processing only if accompanied by payment of that nonrefundable, nonwaivable late fee established by resolution of the board. An application submitted less than fifty days prior to the date of commencement of the event shall not be accepted for filing or further processing, no license shall be issued, and the event shall not be authorized under this chapter.

E. For Subsequent Category 5 events, a written notice which describes the event and identifies the date, nature and location of any ancillary activities of the event that will be held in conjunction with or as part of the Subsequent Category 5 event and that will be attended by more than fifty-one persons shall be submitted to the department at least sixty days prior to the event for an evaluation as to whether the event complies with subsections (A)(2)(b) and (c) of Section 5.36.020. If the criteria in subsections (A)(2)(b) and (c) of Section 5.36.020 are met, the department shall notify the event sponsor and no further review is required. If the criteria are not met, the notice shall be deemed a request for a new Category 5 event and shall be processed according to subsection (C) of this section and the application shall be forwarded to the clerk of the board for further processing.

(Ord. 1272 § 1 (part), 2006)

Upon receipt of a complete application and the required fee(s), the application shall be processed as follows:

A. Category 2A, 2B and Subsequent Category 2A, 2B event applications shall be reviewed by the department for compliance with the minimum standards set forth in the manual. If complete and accurate information is provided (including, but not limited to, proof of a food service permit if required), and, based on that information, the minimum standards in the manual are met, the event shall be presumed to meet the standards and a license may be issued without any further review and without referral to the other county departments and agencies specified in the manual. Notice of the director's decision to issue the license shall be given to the applicant, any other person who has made a written request for such notice and to those agencies referenced in subsection (F) of Section 5.36.050.

B. Category 2A and 2B and Subsequent Category 2A and 2B event applications whose compliance with the minimum standards in the manual cannot be determined by the department shall be circulated along with a request for written comments to those departments and agencies specified in the manual.

C. All Category 3 and 4 event applications along with a request for written comments shall be circulated along with a request for written comments to those departments and agencies specified in the manual.

D. The clerk of the board shall schedule an application for a Category 5 event to be reviewed and considered by the board.

E. Except for Category 5 and Subsequent Category 5 events, or as otherwise provided in this chapter, the departments and agencies specified in the manual shall review the application for compliance with the standards in the manual and within fifteen days shall report back to the director in writing specifying on the basis of their respective expertise whether the proposed event meets the standards and, if not, what changes can be made to the event to ensure such compliance. Such reports shall also indicate whether the reporting party believes that such standards cannot be met even with reasonable changes in the proposal and on that basis recommends that the license be denied. If the recommendation is for denial, the report shall specify the particular aspects of the proposal which fail to comply with the standards set forth in the manual and cannot reasonably be conditioned to achieve compliance.

F. Upon receipt of the reports and comments specified in subsection (E) of this section, the director shall evaluate such reports and comments for compliance with state, federal and local laws and regulations, the requirements of this chapter, and the standards set forth in the manual. Based on this evaluation, the director shall prepare a written recommendation as to whether a license should be granted and shall provide notice of the recommendation in accordance with Section 5.36.050. If the recommendation is for issuance, it shall specify any necessary modifications required. If the recommendation is for denial, it shall specify the reasons for such denial including those aspects of the proposal which fail to comply with the standards set forth in the manual and cannot be reasonably conditioned to so comply.

(Ord. 1272 § 1 (part), 2006)

(Ord. No. 1379, § 18, 1-29-2013)

A. Action and Notice on an Application for a Category 3 Event. If the application is for a Category 3 event, the director shall notify those persons specified in subsection (B)(4) of Section 18.136.040 of the recommendation for issuance of the license subject to any necessary modifications required or, if the recommendation is for denial, of the intention to deny the license and the reasons for such denial. The notice shall state that such issuance or denial will occur without further comment, report or public hearing unless, within ten days of the date of mailing of the notice, a written request for hearing is received by the director. If such a request is received within this time period, a hearing shall be held before the zoning administrator in accordance with the procedures set forth for a Category 4 event and thereafter the license shall be approved or denied by the zoning administrator. If such request is not timely received, the director shall issue or deny the license in accordance with the previous recommendation immediately following the end of the ten-day period. Such action shall be final and not subject to appeal to the board.

B. Action and Notice on an Application for a Category 4 Event. If the application is for a Category 4 event, the department shall set a public hearing on the department's recommendation before either the zoning administrator, or upon referral by the zoning administrator, before the board no later than thirty days following receipt of the completed application and required fee(s). At least ten days prior to the hearing, notice of the hearing shall be given to those persons described in subsection (B)(4) of Section 18.136.040 and shall be published once in a newspaper of general circulation in the county. Any interested person may appear at the hearing and submit oral and written evidence regarding the application and recommendation. At the conclusion of the hearing, the zoning administrator or the board shall immediately confirm, modify or reverse the department's recommendation consistent with state, federal, and local laws and the standards set forth in the manual, shall publicly announce its decision, and shall direct the department to issue or deny the license upon proof of compliance with this chapter.

C. Action and Notice on an Application for a Category 5 Event. Upon receipt of an application for a Category 5 event, the clerk of the board shall set a public hearing by the board at a regular or special meeting of the board. Notice of the public hearing shall be by inclusion on the agenda posted in accordance with state law. At the conclusion of the hearing, the application shall be approved or denied by the board.

D. Action and Notice on an Application for a Subsequent Category 2A or 2B Event Involving a Prior Complaint. If the application is for a Subsequent Category 2A or 2B event and the department has received a complaint involving any event occurring on the same parcel within the past twelve months, the application shall be processed in accordance with the procedures set forth for a Category 4 event and thereafter the license shall be approved or denied by the zoning administrator or the board. The zoning administrator or board shall determine during the public hearing if Subsequent Category 2A or 2B events shall also require a public hearing.

E. Action and Notice on an Application for a Subsequent Category 3 or 4 Event. If the application is for a Subsequent Category 3 or 4 event where no changes are proposed in any of the circumstances of the event other than the content of the expressive activity and admission price, if any; the event does not exceed the number of events or separation requirements imposed by this chapter for the site and category of event; and the director has received no reports from commenting or reporting agencies or from any interested person indicating that the previous event or events of which this is a repeat impaired in any way the health or safety of the participants, spectators, neighbors, or resulted in any unanticipated impairment of traffic flow, then the director shall notify the persons specified in subsection (B)(4) of Section 18.136.040 of the intention to issue the license subject to the same conditions as imposed upon the previous licenses. The notice shall state that such issuance will occur without further comment, report or a public hearing unless, within ten days of the date of mailing of the notice, a written request for hearing is received by the director. If such a request is received within this time period, the application shall be processed, hearings held, and the license approved or denied by the zoning administrator (or the board in the case of Category 4 events which they authorized) as set forth in the other provisions of this chapter. If such request is not timely received, the director shall issue the license immediately following the end of the ten-day period. Such issuance shall be final and not subject to appeal to the board.

F. Notice to Agencies. Upon issuance of a license for a Category 2A, 2B, 3, 4, 5 or any Subsequent Category 2A, 2B, 3, 4 or 5 event, the director shall immediately send written notice of the issuance, including a copy of the license, to all fire departments and law enforcement agencies having jurisdiction over or immediately adjacent to the location where the event will occur, the director of environmental management, the director of public works, the California Highway Patrol, the county's Emergency Medical Services Agency, the applicant, and to any person listed in subsection (B)(4) of Section 18.136.040 who has requested such notice and provided the director with a stamped, self-addressed envelope to be used for that purpose.

(Ord. 1272 § 1 (part), 2006)

The following restrictions shall apply to all categories of events:

A. Any event authorized under this chapter shall only occur between the hours of eight a.m. through midnight (two a.m. on New Year's Day), other than sleeping and breakfast activities for overnight attendees where such activities are otherwise permitted within the zoning district.

B. No event shall be conducted in a building or a cave that has not obtained a temporary or final certificate of occupancy.

(Ord. 1272 § 1 (part), 2006)

A. It shall not be the responsibility of the director or any other county officer, employee or agent to supervise any of the activities conducted under the authority of a license. The applicant shall be responsible for supervising all such activities and ensuring compliance with all required conditions and accepts all risk and liability for same.

B. The license shall be displayed in close proximity to the primary entrance to the event site and be available for public inspection during all phases of the event, including cleanup.

(Ord. 1272 § 1 (part), 2006)

No license shall be issued until the applicant has executed an indemnification agreement in a form acceptable to county counsel.

(Ord. 1272 § 1 (part), 2006)

No license shall be issued until the applicant has filed with the director a certificate of insurance showing that the applicant has obtained insurance coverage in the amount and type required by the county's risk manager and from an insurance company acceptable to the county's risk manager. In lieu of insurance, the applicant may provide the director with satisfactory evidence of equivalent security in one or more of the forms of security described in subsections (A)(1) through (4) of Section 17.38.030 of this code.

(Ord. 1272 § 1 (part), 2006)

The applicant shall comply with all of the standards, requirements and conditions contained in the manual during all phases of the event, including cleanup.

(Ord. 1272 § 1 (part), 2006)

Editor's note— Ord. No. 1482, § 1, adopted June 6, 2023, repealed § 5.36.090, which pertained to appela procedure for a license issued or denied by the zoning administrator after a public hearing and derived from Ord. 1272, § 1 (part), 2006.

A. The board shall have the right to revoke any issued license following a public hearing held on its own motion or at the request of the director or sheriff after written notice of the revocation hearing is personally served on the licensee or the authorized on-site supervisor or delivered to the licensee's business or residence address as noted in the application at least twenty-four hours prior to such hearing, for any of the following causes:

1. The licensee fails, neglects or refuses to comply with or meet any of the assurances or representations made in the license application;

2. The licensee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of a license;

3. The licensee permits the event to be conducted in a disorderly manner or allows any person to remain on the premises while under the influence of intoxicating liquor or any narcotic or dangerous drug after being requested by any law enforcement official to arrange for the safe removal of such person from the premises;

4. The licensee violates or attempts to violate any law of the state of California or provision of this chapter, or any county ordinance; and/or

5. The licensee is determined to have made a false, misleading or fraudulent statement of material fact or material omission in the license application, or in any other document required pursuant to this chapter.

B. Written notice of such revocation shall be given to the county sheriff who shall immediately attempt to deliver such notice to the licensee at the business or residence address noted in the application, except that if the licensee or duly authorized representative thereof is present at the revocation hearing, written notice may be given in person immediately following the hearing and decision to revoke, in lieu of delivery to the business or residence address of the applicant. Such revocation shall become effective immediately upon order by the board.

C. The county sheriff may suspend operation and close any event, upon giving the licensee or the authorized on-site supervisor written notice containing the reasons therefor, prior to the expiration of the license in the event of a riot, major disorder or serious breach of the peace when in the sheriff's opinion it becomes necessary to prevent injury to person or persons or damage to property. In the event of such suspension, the licensee shall have the right to request a hearing before the board at the next regular meeting of the board. At the hearing, the sheriff shall report on the reasons for the action, the licensee or duly authorized agent may present oral or written evidence, and the board may take such other additional oral or written testimony as it deems necessary. At the conclusion of the hearing, the board shall either affirm the suspension and revoke the license, or reverse the suspension. If the suspension is reversed, the licensee shall have the right to reapply for a license for an event of the same nature within three hundred sixty-five days of the suspended event and the fee for such reapplication shall be waived.

(Ord. 1272 § 1 (part), 2006)

No license granted under the provisions of this chapter shall be transferable, or removable to another location, or operable for any other time or date.

(Ord. 1272 § 1 (part), 2006)

In addition to any other enforcement remedies provided in this chapter, violation of any of the provisions of this chapter pertaining to the requirement for a license or the actual conduct of an event shall be a misdemeanor punishable as provided in subsection (B) of Section 1.20.150 of this code or shall be subject to a fine of one thousand dollars, or the maximum allowed by the law, whichever is greater, plus payment of applicable enforcement and permit fees.

(Ord. 1272 § 1 (part), 2006)