Chapter 8 — OUTDOOR FESTIVALS

Recently, both in this State and elsewhere, there have been held outdoor assemblages attended by a large number of persons, sometimes exceeding 100,000. Such congregations of persons in places which are not prepared for such uses have often overwhelmed the ability of those responsible for safeguarding the health, property, and welfare of the participants and the residents of the surrounding areas. Such assemblages have been characterized by insufficient sanitary facilities, drinking water, and medical services and by rioting and security services. In some instances the promoters of outdoor assemblages have displayed a total disregard for the health and safety of the participants, the persons attending, and the general public.

(§ I, Ord. 539, eff. May 11, 1971)

It is the intent of the provisions of this chapter to subject outdoor assemblages to reasonable regulations designed to permit such assemblages to be held while assuring the safety and wellbeing of the participants, persons attending, neighbors, and the general public.

(§ II, Ord. 539, eff. May 11, 1971)

For the purposes of this chapter, "outdoor festivals" shall mean and include any outdoor gathering of 5,000 or more individuals held at any place other than a permanent installation which has been constructed for the purpose of conducting such activities, or similar activities, and to which the public is admitted with or without the payment of admission charges.

(§ II, Ord. 539, eff. May 11, 1971)

It shall be 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 unincorporated area of the County unless he, they, or it shall first obtain a license from the County to operate or conduct such festival.

Applications for licenses to conduct outdoor festivals shall be made in writing to the Clerk of the Board and to the County Tax Collector, shall be accompanied by a non-refundable application payable to the County Tax Collector, 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 that the applicant owns the 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, if it is proposed or expected, that the spectators or participants will remain at night or overnight, the arrangements for illuminating the premises and for camping or similar facilities, the plans to provide for numbers of spectators in excess of the estimate, and provisions for the cleanup of the premises and the removal of rubbish after the event has concluded; and

(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 and other unlawful activities.

Such application shall be filed at least sixty (60) days prior to the time indicated for the commencement of the planned activity No license shall be issued by the County Tax Collector until he is authorized to do so by order of the Board.

(§ IV, Ord. 539, eff. May 11, 1971)

Upon the receipt of a complete application and the application fee, the Clerk of the Board shall set the application for public hearing at a regular meeting of the Board held not less than fifteen (15) nor more than thirty (30) days thereafter and shall give not less than ten (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-Coroner, the County Health Officer, the Road Commissioner, the Planning Director, and the County Engineer, who shall investigate the application and report in writing to the Board, not later than the hearing, with appropriate recommendations related to their official functions as to the granting of the license and conditions thereon.

(§ V Ord. 539 eff. May 11, 1971)

Based upon the testimony of the witnesses and evidence presented at such hearing, including all the reports of the department heads and the reports of investigations, the Board shall thereafter grant a license without conditions or with conditions which shall be met, including security required from the applicant as a guarantee that the conditions will be met, before the license may be issued.

If conditions are imposed by the Board, the applicant shall furnish, or cause to be furnished, to the County Tax Collector proof that all conditions have been met and the required security has been given before the license may be issued by the County Tax Collector.

The security required by the Board may include the posting of an indemnity bond 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 bonds shall be prepared by a corporate bonding company, authorized to do business in the State by the Department of Insurance of the State, in an amount determined by the Board. Such bonds shall indemnify the County and its agents, officers, employees, and the Board against any and all loss, injury, and damage of any nature whatsoever arising out of, or in any connection with, such outdoor festival and shall indemnify against loss, injury, and damage to both persons and property.

The Board may also require that the applicant provide a corporate surety bond, prepared by a corporate bonding company authorized to do business in the State, indemnifying the County and the owners of property adjoining the outdoor festival site for all costs necessitated by such activity to clean up 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 as in its discretion will adequately provide for such indemnification.

(§ VI, Ord. 539, eff. May 11, 1971)

At the hearing on the proposed issuance of a license, the Board may, in connection with granting the license, impose conditions to be performed at the licensee's expense when the evidence shows that such conditions are necessary for the protection of the health, safety, and general welfare of the people of the County, including the persons attending the outdoor festival. Such conditions shall include, but not be limited to, any or all of the following subjects:

(a)

Security protection;

(b)

Water supply and facilities;

(c)

Food supply and concessions;

(d)

Sanitary facilities;

(e)

Medical facilities and services;

(f)

Vehicle parking, access, and traffic control;

(g)

Overnight facilities and ground illumination; and

(h)

Performance bonds and indemnity bonds or deposits.

(§ VII, Ord. 539, eff. May 11, 1971)

Upon determining that the Board has ordered the issuance of the license and that the conditions, if any, imposed by the Board have been complied with by the applicant, the County Tax Collector shall collect a license fee of One Hundred Fifty and no/100ths ($150.00) Dollars per day for each day for which the festival is scheduled, and he shall issue a license to the applicant for the specific location authorized for the festival and for the specific days for which the festival is authorized.

(§ VIII, Ord. 539, eff. May 11, 1971)

The Board shall have the right to revoke any license issued pursuant to the provisions of this chapter, after a public hearing held after oral or written notice is given to the licensee at least twenty-four (24) hours prior to such hearing, for any of the following causes:

(a)

If the licensee fails, neglects, or refuses to fulfill any of the conditions imposed upon the granting of the license;

(b)

If 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)

If the licensee violates or attempts to violate any laws of the State or the provisions of this chapter or any other law of the County; or

(d)

If the licensee has previously made a false, misleading, or fraudulent statement of material fact in the application for the license or in any other document required by the provisions of this chapter.

Written notice of such revocation shall be forwarded by the County Clerk to the County Tax Collector, the Sheriff-Coroner, and the permittee at the address given in the application. Such revocation shall become effective immediately after ordered by the Board.

The Sheriff-Coroner may suspend operations 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 persons and/or damage to property.

(§ IX, Ord. 539, eff. May 11, 1971)

No license granted under the provisions of this chapter shall be transferable or removable to another location.

(§ X, Ord. 539, eff. May 11, 1971)

(a)

Any violation of the provisions of this chapter shall be a misdemeanor, punishable as set forth in Chapter 2 of Title 1 of this Code.

(b)

Any violation of the provisions of this chapter is hereby declared a public nuisance and may be abated in the manner provided by the laws of the State for the abatement of a public nuisance.

(§ XI, Ord. 539, eff. May 11, 1971)