Sierra County Municipal Code Ch. 6.08 Outdoor Festival Licenses

For the purpose of this chapter, outdoor festivals shall mean and include any outdoor gathering of individuals for the purpose of participation in “rock,” dances and similar musical and/or theatrical type performances which are of a periodic nature and to which the public is admitted with or without the payment of admission charges. (Ord. 344, eff. 4/15/70; Prior code § 61400)

It shall be unlawful and punishable as a misdemeanor for any person to advertise, sell or furnish tickets or other types of written authority for admission to, operate, maintain, or conduct an outdoor festival without first obtaining a license to operate or conduct such festival. Such license is not transferable or removable to another place. (Ord. 344, eff. 4/15/70; Prior code §§ 61401, 61407, 61408)

Application for a license to conduct an outdoor festival shall be made in writing to the Board of Supervisors accompanied by a nonrefundable application fee of $100.00 and filed with the County Sheriff and shall contain the following information:

A. The name, age, residence, mailing address and telephone number of the applicant. If the application is made by a partnership, the names and addresses of all general partners shall be included. If the application is made by 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 a certified copy of the articles of incorporation shall be attached to the application. The address and telephone number of the principal place of business of the applicant shall also be included in the application.

B. 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 uses 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.

C. The date or dates and the hours during which the festival is to be conducted.

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

E. A detailed explanation of the applicant’s program and plans to provide security protection, water supply, food supply, 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, applicant’s plans to 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.

F. A detailed explanation of the applicant’s plan for policing the activity with particular emphasis on the control and prevention of alcoholic and drug consumption. (Ord. 344, eff. 4/15/70; Prior code § 61401)

License application shall be filed with the Sheriff at least 60 days prior to the time indicated for the commencement of the planned activity. The Sheriff shall review and submit such application to the Board of Supervisors and no license shall be issued until he is authorized to do so by order of the Board of Supervisors. (Ord. 344, eff. 4/15/70; Prior code § 61401)

Upon receipt of a complete application and the application fee, the Sheriff shall request the Board of Supervisors to set a time and date for a public hearing and the Board shall set the application for a public hearing at a regular meeting of the Board, not less than 15 nor more than 30 days thereafter, and shall give not less than 10 days written notice thereof to the applicant. The Clerk of the Board shall give notice of the hearing and copies of the application to the Sheriff, the County Health Officer, the Director of Public Works and the District Attorney, who shall investigate the matter and report in writing to the Board not later than the time set for the hearing, with appropriate recommendations concerning the activity. (Ord. 344, eff. 4/15/70; Prior code § 61402)

The Board of Supervisors shall consider the documentary and testimonial evidence of witnesses presented at said hearing, including all reports of investigation, and shall thereafter grant the license without conditions or with conditions which must be met, including security required from the applicant as a guarantee that the conditions will be met, before a license is granted. (Ord. 344, eff. 4/15/70; Prior code § 61403)

If conditions are imposed by the Board, the applicant shall furnish or cause to be furnished to the Sheriff proof that all conditions have been met, and the required security has been given before the license may be issued. (Ord. 344, eff. 4/15/70; Prior code § 61403)

Security required by the Board of Supervisors may include the posting of an indemnity bond and/or a performance bond in favor of the county in connection with the operation of a public outdoor festival as defined in this chapter. Such bond or bonds shall be prepared by a corporate bonding company authorized to do business in the state of California by the Department of Insurance, in an amount determined by the Board of Supervisors. Said bond or bonds shall indemnify Sierra County, its agents, officers, employees and the Board of Supervisors against any and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with, the outdoor festival and shall indemnify against loss, injury and damage to both person and property. (Ord. 344, eff. 4/15/70; Prior code § 61403)

The Board of Supervisors may also require that the applicant provide a corporate surety bond prepared by a corporate bonding company authorized to do business in the state of California, indemnifying Sierra County and the owners of property adjoining the outdoor festival site for all costs necessitated by such activity to clean up and/or remove debris, trash, garbage or other waste from, in and around the premises. Such bond shall be in an amount determined by the Board of Supervisors as in its discretion will adequately provide for such indemnification. (Ord. 344, eff. 4/15/70; Prior code § 61403)

A neighborhood or community benefit organization, organized for charitable, religious or eleemosynary purposes, shall be exempt from paying the application and license fees provided for in this chapter provided the net proceeds from any such activity do not inure to the benefit of any private person. (Ord. 344, eff. 4/15/70; Prior code § 61405)

The Board of Supervisors shall have the right to revoke any license issued pursuant to this chapter after a public hearing held after oral or written notice is given to the licensee at least 24 hours prior to such hearing. (Ord. 344, eff. 4/15/70; Prior code § 61406)

A license may be revoked for any of the following reasons:

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

B. The licensee 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 or any narcotic or dangerous drug.

C. The licensee violates or attempts to violate any law of the state and provision of this chapter or any ordinance of Sierra County.

D. That 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 chapter. (Ord. 344, eff. 4/15/70; Prior code § 61406)

Written notice of such revocation shall be forwarded by the Clerk of the Board to the District Attorney, the Sheriff and the permittee at the address given in the application. Such revocation shall become effective immediately after ordered by the Board of Supervisors. (Ord. 344, eff. 4/15/70; Prior code § 61406)

The Sheriff may suspend operation and close any outdoor festival prior to the expiration of the license granted under the provisions of this chapter, in the event of the occurrence of a riot, major disorder or serious breach of the peace when in his opinion it becomes necessary to prevent injury to person or persons and/or damage to property. (Ord. 344, eff. 4/15/70; Prior code § 61406)