§ 5-16

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) “Festival” shall mean any music festival, dance festival, rock festival, or similar musical activity likely to attract 5,000 or more people in any one twenty-four (24) hour period, at which music is provided by paid or amateur performers or by prerecorded means, and which is held at any place within the City, and to which members of the public are invited or admitted for a charge or free of cost. “Festival” shall not include any activity conducted by a religious organization recognized as such by the State and/or by Federal agencies for religious tax exemption purposes; or any activity conducted by a recognized governmental agency; or any activity conducted solely for benevolent or charitable purposes. (b) “City” shall mean the City of Ontario. (c) “City Council” or “Council” shall mean the City Council of the City. (d) “Chief of Police” or “Police Chief” shall mean the Police Chief of the City. (e) “Fire Chief” shall mean the Fire Chief of the City. (f) “City Clerk” or “Clerk” shall mean the City Clerk of the City. (g) “City Attorney” shall mean the City Attorney of the City. (h) “Building Official” shall mean the Chief Building Official of the City. (i) “City Traffic Engineer” shall mean the Traffic Engineer of the City. (j) “License Official” shall mean the License Official of the City. (k) “Health Officer” or “County Health Officer” shall mean the County Health Officer of the County of San Bernardino, California. (§ 1, Ord. 1784, eff. October 18, 1972)

No person shall operate, maintain, conduct, advertise, or sell or furnish tickets for an outdoor or indoor festival in the City unless he shall first obtain a license from the City to operate or conduct such festival. (§ 1, Ord. 1784, eff. October 18, 1972)

Applications for licenses to conduct an outdoor festival shall be made in writing to the City Clerk at least sixty (60) 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 ($100.00) and shall contain the following information: (a) The name, age, residence, and mailing address of the person making such application. If the application is made by a partnership, the names and addresses of the partners shall appear. Where the applicant is a corporation, the application shall be signed by the president, vice-president, and secretary of such corporation and shall contain the addresses of such corporate officers, and a certified copy of the Articles of Incorporation shall be submitted with the application; (b) A written 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 shall 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; and (f) At the time of making the application, the applicant shall arrange to be fingerprinted and photographed by the Police Department. (§ 1, Ord. 1784, eff. October 18, 1972)

A detailed written explanation of the applicant's plans to provide security and fire protection, water supplies and facilities, food supplies and facilities, sanitation facilities, medical facilities and services, vehicle parking spaces, 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 the cleanup of the premises, and provisions for the removal of rubbish after the event has concluded. A plot plan showing the arrangement of the facilities, including those for parking, egress, and ingress, shall be submitted with such application. (§ 1, Ord. 1784, eff. October 18, 1972)

Upon the receipt of a complete application and the application fee, the City Clerk shall set the application for a public hearing at a regular meeting of the Council, not less than fifteen (15) days nor more than forty-five (45) days thereafter, and shall give not less than ten (10) days' written notice thereof to the applicant. The City Clerk shall promptly give notice of such hearing and copies of the application to the Police Chief and the Fire Chief or their designee, the County Health Officer, the City Development Director, Parks Superintendent, Risk Manager, and Traffic

Engineer, who shall investigate the application and report in writing to the Council not later than the hearing, with appropriate recommendations related to their official functions as to granting a license and the conditions thereof. (§ 1, Ord. 1784, eff. October 18, 1972)

Based upon the testimony of the witnesses and evidence presented at such hearing, including the reports of said department management, the Council shall take appropriate action to grant the license, deny the license, or set conditions and/or provide security which assures conditions will be met before a license may be granted. If conditions are imposed by the Council, the applicant shall furnish proof to the City Clerk that all conditions have been met before the license may be issued by the City Clerk. (§ 1, Ord. 1784, eff. October 18, 1972)

When the City Clerk certifies that conditions have been met, the License Official shall issue a license specifying the name and address of the license, the kind of festival licensed, and the number of days operation is authorized based on receipt of the following: payment of Five Thousand Dollars ($5,000.00) per day of operation, plus twenty-five cents ($0.25) per person per day of operation, based on an estimate submitted at least seven (7) days prior to the date of such festival. If the applicant underestimates attendance, he shall pay fifty cents ($0.50) per person for the number exceeding the estimate for each day of operation. The licensee shall keep such license posted upon the premises at which the festival is conducted. No license issued pursuant to the provisions of this chapter shall be transferable or removed to another location. (§ 1, Ord. 1784, eff. October 18, 1972, as amended by § 1, Ord. 1835, eff. July 5, 1974)

At the hearing required pursuant to the provisions of § 5-16.05 of this chapter, the Council may establish conditions which shall be met prior to the issuance of any license pursuant to the provisions of this chapter, except that the Council may take a matter under submission before determining which conditions shall be imposed. Where the Council takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license shall be mailed to the applicant within fifteen (15) days after the original hearing. The conditions which may be imposed by the Council pursuant to the City's general public powers for the protection of the health, safety, and property of local residents and persons attending festivals in the City are as follows: (a) Police protection. Every license shall employ at his own expense police protection. The number, location, and type of officers shall be determined and specified by the Police Chief or his designee to provide for the preservation of order and the protection of property in and around the place of the festival. Funds to employ the specified number of law enforcement officers at the current hourly salary rate for the Police Department shall be deposited with the City at least ten (10) days prior to the specified date the activity is to occur. A minimum of one police officer for every 500 persons expected to be in attendance shall be required. Where the Police Chief or his designee specifies the employment of off-duty peace officers to meet the requirements of this chapter, such peace officers shall be under the complete direction and control of the Police Chief or his designee. Before his license is issued, the Police Chief or his designee shall 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.

(b) Food concessions. Where the proposed festival is to be held a substantial distance from public eating places, food handling places, or like establishments, the 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 shall be licensed and operate under a valid Health Department permit pursuant to local laws and State laws. Every license shall provide at least one flush-type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation unless otherwise approved by the Health Officer. Under no circumstances shall the Health Officer allow such flush-type water closets and lavatories to be located more than fifty (50) feet from the food concession or operation. All lavatories required in conjunction with food concessions and food operations shall be provided with hot and cold water under pressure which shall be dispensed by an approved type mixing faucet. All sewage, sink waste, and waste water from water closets, lavatories, and sinks operated in connection with food concessions or food operations shall be disposed of to a public sewer or a sewage disposal system approved by the County Health Officer and the Chief Building Official. (c) Sanitation facilities. Every license shall provide at least one enclosed flush-type water closet facility marked “Men” and one such facility marked “Women” on the premises of a festival on the basis of one flush-type water closet for each forty (40) males and one for each twenty (20) females 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 (60) 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 (75) persons expected to be in attendance. Where flush-type water closets cannot be made available for the persons in attendance, the Council may allow the use of portable chemical toilets. Such chemical toilets shall 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. The requirement for flush-type water closets for food concessions, food operations, and for the use of employees may not be waived. Every licensee shall be required to furnish at least one trash can with thirty-six (36) gallon capacity with a tight- fitting lid for each twenty-five (25) 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 beg liner inserted, and, when full, it shall be tied and 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 Health Officer, and a copy of such contract shall be filed with the Health Officer. The removal of all trash and refuse shall be at the license's expense. (d) Medical facilities. 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, the number of doctors, psychiatrists, psychologists, nurses, and other aides needed to staff such facilities, and the quantity of medical supplies, drugs, ambulances, and other equipment which shall be on the site shall be approved by the County Health Officer prior to the issuance of any license pursuant to the provisions of this chapter. The County Health Officer shall calculate the need for medical services based on the number of persons expected to attend the 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-site and off-site treatment facilities. (e) Parking areas. Every licensee shall provide adequate parking spaces 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 (2) persons expected to attend the festival by motor vehicle. Such parking areas shall be clearly marked. The Traffic Engineer along with a Police Department Representative shall approve an applicant's “parking plan” before a license shall be issued. (f) Access and parking control. Every licensee shall provide adequate ingress and egress to the festival premises and parking areas therefor. Necessary roads, driveways, and entrance ways shall exist to insure the 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 Traffic Engineer along with a Police Department Representative shall 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 areas. (g) Hours of operation. All festivals which are subject to license pursuant to the provisions of this chapter shall close and cease operations continuously between the hours of 2:00 a.m. and 6:00 a.m. of each and every day, unless a variance is granted by the Council. (h) Illumination. Every licensee planning to conduct a festival after dark, or 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 Chief Building Official shall approve an applicant's lighting plan as a prerequisite to the issuance of a license pursuant to the provisions of this chapter. A licensee may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:

Illumination Watts/Square Feet

Open areas reserved for spectators 0.50

Stage areas 5.00

Parking overnight areas 0.25

Restroom and concession areas 1.00

(i) Overnight camping facilities. Every licensee authorized to allow persons who attend the festival to remain on the premises overnight shall provide camping facilities and overnight areas that meet the requirements of California Code of Regulations for mobile home parks, special occupancy trailer parks, and camp grounds, including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas, and tent camps. Such areas and facilities shall be approved by the County Health Officer and the Chief Building Official prior to the issuance of any license. (j) Bonds. Any licensee may be called upon to post an indemnity bond and/or a performance bond in favor of the City in connection with the operation of a festival. Bonds required by the provisions of this chapter shall be approved by the City Attorney 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 Council. Such bond shall indemnify the City, its agents, officers, servants, and employees, and the

Council against any and all loss, injury, and damage of any nature whatsoever arising out of, or in any way connected with, such festival and shall indemnify against loss, injury, and damage to both persons and property. Additionally, the City may demand that the applicant provide a corporate surety bond written by a corporate bonding company, authorized to do business in the State, indemnifying the City 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. Such bond shall be in an amount determined by the Council. (k) Fire protection. Every licensee shall provide, at his own expense, adequate fire protection as determined by the Fire Department. 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 Fire Chief or his designee of 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 Fire Chief or his designee. First aid fire extinguishment equipment shall be provided as directed by the Fire Chief or his designee. (l) Financial statements. Each license 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. (m) Communications. The licensee shall be required to establish a communication system for public use where ordinary communications are not available. (n) Miscellaneous. Any applicant may be required to meet any other condition prior to receiving a license to conduct a festival, which condition is reasonably calculated as necessary to protect the health, welfare, and property of local residents and persons attending a festival. (o) Variances. Unless otherwise prohibited, the Council may, after reasonable inquiry and with just cause, grant a variance to any of the provisions of this chapter. (§ 1, Ord. 1784, eff. October 18, 1972)

After holding the required public hearing, the Council may deny the issuance of license if the Council finds any of the following: (a) That the applicant fails to meet the conditions imposed pursuant to the provisions of this 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 laws of the City 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 the license or in any other document required pursuant to the provisions of this chapter; (d) That the applicant, his employees, agents, 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; and (e) That the applicant, his employees, agents, or any person associated with the applicant as partner, director, officer, stockholder, associate, or manager has been connected in a court of competent jurisdiction, by final judgment, of: (1) An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, or play or of selling obscene matter; (2) An offense involving lewd conduct; (3) An offense involving the use of force and violence upon the person of another; (4) An offense involving misconduct with children; or (5) A felony offense.

Where the application is denied, the City Clerk shall mail to the applicant written notice of the denial within fourteen (14) days of such action, which notice shall include a statement of the reasons the application was denied. (§ 1, Ord. 1784, eff. October 18, 1972)

Any person may file a complaint with the City Clerk or may petition the Council to conduct a hearing concerning the revocation of the license of any licensee. The City Clerk shall notice the petition for hearing in accordance with the provisions of § 5-16.12 of this chapter. (§ 1, Ord. 1784, eff. October 18, 1972)

The Council or, in the absence of a quorum of the Council, the Police Chief shall have the power 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 Business License Department the fee prescribed by the provisions of this chapter; (b) The licensee or his employees or agents fail, neglect, or refuse to fulfill any or all of the conditions imposed pursuant to the provisions of this chapter; (c) The licensee allows the festival to be conducted in a manner which violates any law or regulation established by the laws of the City 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; or (e) The licensee or his employees or agents are convicted of any of the offenses set forth in § 5-16.09 of this chapter. (§ 1, Ord. 1784, eff. October 18, 1972)

If notice of revocation is given, the licensee shall be entitled to a hearing. The City Clerk shall give written notice setting forth the causes for revocation, and shall state the time and place at which the matter of revocation will be heard before the Council. Such notice shall be mailed not later than ten (10) days prior to the date set for the hearing. (§ 1, Ord. 1784, eff. October 18, 1972)

It shall be unlawful for any license, employee, agent, or person associated with said license to do any of the following: (a) To conduct or operate a festival without first procuring a license to do so; (b) To sell tickets to a festival without a license first having been obtained; (c) To operate, conduct, or carry on any festival in such a manner as to create a public or private nuisance; (d) To exhibit, show, or conduct within such place of festival any obscene, indecent, vulgar, or lewd exhibition, show, play, entertainment, or exhibit no matter by what name designated;

(e) To 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; (f) To allow any person to consume, sell, or be in possession of intoxicating liquor while in a place of a festival except where such consumption or possession is expressly authorized under the provisions of this chapter and under the laws of the State; or (g) To allow any person at the licensed festival to use, sell, or be in possession of any narcotic or dangerous drug while in, around, or near a place of the festival. Any of the violations set forth in this section shall constitute a criminal act and shall be punishable pursuant to the laws of the City and the laws of the State. It is provided, however, that the City retains any and all civil remedies, including the right of civil injunction, for the prevention of such violations and for the recovery of money damages therefor. (§ 1, Ord. 1784, eff. October 18, 1972)

CHAPTER 17: PROHIBITION AGAINST CERTAIN OBNOXIOUS NUDE CONDUCT (REPEALED)

CHAPTER 17: PROHIBITION AGAINST CERTAIN OBNOXIOUS NUDE CONDUCT (REPEALED)

CHAPTER 18: BINGO FOR CHARITY

CHAPTER 18: BINGO FOR CHARITY

5-18.01 Legislative authorization 5-18.02 Bingo authorized 5-18.03 Qualified applicants: Applications for permits 5-18.04 Permits: Applications: Verification 5-18.05 Annual permits 5-18.06 Permits: Conditions