Chapter 5.09 — OUTDOOR FESTIVALS

Editor's note— Ord. No. 518, §§ 1, 2, adopted June 7, 2011, repealed the former Ch. 5.09, §§ 5.09.010— 5.09.060, and enacted a new Ch. 5.09 as set out herein. The former Ch. 5.09 pertained to similar subject matter and derived from Ord. 129 §§ 5.09.010—5.09.060, 1985.

For the purpose of this title, "outdoor festivals" means and includes any outdoor gathering of individuals for the purpose of participation in an organized event celebration composed of activities such as feasting, exhibitions, merrymaking, and/or performances of a musical or theatrical type and which are of a periodic nature and to which the public is admitted with or without the payment of admission charges. An outdoor festival does not include any festivals conducted under the auspices of a school district, recreation/park district, and/or the Town of Paradise.

(Ord. No. 518, § 2, 6-7-2011)

A.

It is unlawful for any individual, partnership or corporation to operate, maintain, conduct, advertise, sell or furnish tickets or other types of written authority for admission to an outdoor festival in the town limits unless a town issued "outdoor festival" business license is first obtained from the town.

B.

Application for a business license to conduct an outdoor festival shall be filed with the office of the town manager and shall set forth the following information:

The name, address (mailing and e-mail) and telephone number of the person and/or entity seeking to conduct and be responsible for such outdoor festival;

The location and site plan of the premises where the proposed outdoor festival is to be performed, including all land areas to be used for parking and other uses incidental to the outdoor activity. The applicant shall provide proof of ownership of the affected premises or the written consent of all premises owners thereof to the proposed use.

The date(s) and time duration when the outdoor festival is be conducted.

An estimate of the maximum number of spectators, participants and other persons expected to attend the outdoor festival each day it is conducted.

A detailed program and plans to provide security protection, water and food supply, sanitation facilities, medical facilities and services, vehicle access and parking, onsite traffic (pedestrian and vehicular) 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 provide for numbers of spectators in excess of the estimate, and provisions for cleanup of the premises and removal of rubbish after the event has concluded.

A detailed explanation of the applicant's plan for policing the activity with particular emphasis on the control and prevention of alcohol and drug consumption.

Any additional information which the town manager deems to be reasonable necessary.

C.

An outdoor festival business license application shall be filed with the office of the town manager not less than forty (40) days or more than ninety (90) days before the commencement of the proposed outdoor festival.

(Ord. No. 518, § 2, 6-7-2011)

A neighborhood or community benefit organization, constituted for charitable or religious purposes, shall be exempt from the requirement of license application and related application fee submittal provided the net proceeds from such outdoor activity do not inure to the benefit of any private person, partnership or corporation.

(Ord. No. 518, § 2, 6-7-2011)

A.

Upon receipt of a license application for a proposed outdoor festival, the town manager shall forward a copy of the application to the police chief, the fire chief, the public works director, and any town department or any other public agency which may be affected by conduct and performance of such outdoor festival. The town manager shall request response comments relating to the effect, if any, of the conduct of such outdoor festival upon noise, traffic control, emergency vehicle movement, public health and safety, and such other matters subject to the jurisdiction and direction of such responding parties.

B.

Written response comments shall be submitted to the town manager within twelve (12) days before action is required to be taken on the license application. The town manager shall issue the business license as applied for if upon conclusion of his/her investigation it is determined that the conduct and performance of such outdoor festival will not be adversely affecting the public health, safety and welfare. In order to ensure that the public health, safety and welfare will not be jeopardized by conduct of the proposed outdoor festival the town manager is authorized to conditionally issue a outdoor festival business license altering any of the appropriate items set forth in Sections 5.09.020 and/or 5.09.060.

(Ord. No. 518, § 2, 6-7-2011)

The town may require that the license applicant provide a corporate surety bond prepared by a bonding company authorized to do business in the state, indemnifying the town and the owners of property adjoining the outdoor festival site for all costs necessitated by such activity to clean up and/or remove any

trash from the premises. Such bond shall be in an appropriate amount determined by the town manager in order to adequately provide for such indemnification.

(Ord. No. 518, § 2, 6-7-2011)

Each outdoor festival business license shall state the following conditions/standards:

A.

Authorized outdoor activity location, date(s), and time durations.

B.

Minimum and maximum authorized outdoor festival attendance occupancy.

C.

Any other license conditions or standards deemed necessary by the town manager in order to protect the public health, safety and welfare.

(Ord. No. 518, § 2, 6-7-2011)

A.

A licensee under this chapter shall comply with all town issued license conditions/standards and with all applicable laws and ordinances.

B.

The outdoor festival chairman or other person responsible for the licensed outdoor festival shall possess the town issued license upon his/her person during the conduct of the outdoor festival.

(Ord. No. 518, § 2, 6-7-2011)

After providing the licensee with at least twenty-four (24) hours prior notification and an opportunity to address all allegations, the town manager is vested with the administrative authority to revoke any license for an outdoor festival issued pursuant to this title and based upon substantial evidence relating to any of the following causes:

A.

The licensee fails, neglects or refuses to fulfill any of the conditions/standards imposed upon its related town issued license;

B.

The licensee permits the outdoor festival to be conducted in a disorderly manner or allows persons to remain on the premises while under the influence of intoxicating liquor or any narcotic or dangerous drug;

C.

The licensee violates or attempts to violate any law of the state or provision of this title or other title of the town;

D.

The licensee has previously made a false, misleading or fraudulent statement of material fact in the application for license, or in any other document required pursuant to this title.

The chief of police may suspend operation and close any outdoor festival prior to the expiration of the license issued under the provisions of this title, in the event of the occurrence of riot, major disorder or serious breach of the peace when in his/her opinion it becomes necessary to prevent injury to person or persons and/or damage to property.

(Ord. No. 518, § 2, 6-7-2011)

It is unlawful for any person or entity to violate or fail to comply with the provisions of this chapter. Such violation shall be punishable as an infraction.

(Ord. No. 518, § 2, 6-7-2011)