Point Arena Municipal Code Ch. 5.10 Outdoor Festival Licenses

For the purpose of this chapter, "outdoor festival" shall mean and include any outdoor gathering of 500 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:

(1) A musical or theatrical performance;

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

(Ord. 89 § 1, 1976.)

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 city clerk of the city of Point Arena after approval of the city council.

(Ord. 89 § 2, 1976.)

The application for a license permitting an outdoor festival shall require at least 30 days for processing by the city of Point Arena under this chapter. The application shall be filed with the city clerk of the city of Point Arena by 12:00 noon, not less than seven days from the meeting of the city council at which approval is sought. The city clerk shall review the application and upon finding it complete shall submit it to the city council at the next regular meeting. The application shall be accompanied by a nonrefundable fee of $25.00 and shall contain the following information and accompanying documents:

(1) The name, age, residence, mailing address, and telephone number of the applicant. If the application is made be 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 the telephone number of the principal place of business of the applicant shall also be included in the application.

(2) 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 thereof.

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

(4) 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.

(5) A statement from the sheriff of the county of Mendocino attesting to the adequacy of the proposed arrangements for (a) security, (b) parking, and (c) ingress and egress by emergency and other vehicles, or a statement from the sheriff itemizing the deficiencies preventing him from issuing a statement of adequacy.

(6) A statement from the county health officer of the county of Mendocino attesting to the adequacy of 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. 89 § 3, 1976.)

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 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. 89 § 3, 1976.)

The city council 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 city council 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 city council shall neither deny a license nor impose conditions thereto on technical or frivolous grounds. The city council 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 city of Point Arena, the county of Mendocino or the state of California. The city council 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. 89 § 5, 1976.)

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

(Ord. 89 § 6, 1976.)

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

(Ord. 89 § 7, 1976.)

(1) The city council 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 24 hours prior to such hearing, for any of the following causes:

(a) The license 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 license violates or attempts to violate any law of the city of Point Arena, county of Mendocino, or the state of California.

(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.

(2) Written notice of such revocation shall be forwarded by the city clerk to the sheriff and the licensee at the address given in the application. Such revocation shall become effective immediately upon order of the city council.

(3) 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.

(Ord. 89 § 8, 1976.)

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

(Ord. 89 § 9, 1976.)

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 $500.00 or by imprisonment in the county jail not exceeding 90 days. A separate offense shall be deemed to have been committed for each day that such violation continues.

(Ord. 89 § 10, 1976.)

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. 89 § 11, 1976.)