Tuolumne County Municipal Code Ch. 5.12 Outdoor Music Festivals

Sections:

• Article I. General Provisions

• 5.12.010 Definitions.

• 5.12.020 Special use permit-Required.

• 5.12.030 Special use permit-Application.

• 5.12.040 Special use permit-Time of filing for application.

• 5.12.050 Hearing-Notice.

• 5.12.060 Post-hearing filing of accompanying documents.

• 5.12.070 Issuance of special use permit.

• 5.12.080 Exemptions from application and fee payments.

• 5.12.090 Fees.

• 5.12.100 Contents of permit-Number of participants.

• 5.12.110 Contents of permit-Dates and hours.

• 5.12.120 Conditions of granting permit.

• 5.12.130 Revocation or suspension of permit.

• 5.12.140 Notice of revocation.

• 5.12.150 Suspension of operation.

• 5.12.160 Permit nontransferable.

• 5.12.170 Inspection of physical facilities.

• 5.12.180 Abatement of public nuisance.

• 5.12.190 Renewal of permit.

• Article II. Standards

• 5.12.200 Applicability of provisions.

• 5.12.210 Drinking water to be provided.

• 5.12.220 Sanitary facilities required.

• 5.12.230 Parking requirements.

• 5.12.240 Security guards required.

• 5.12.250 Fire protection.

• 5.12.260 Lighting, to be provided.

• 5.12.270 Cleanup required.

• 5.12.280 Communications system.

• 5.12.290 Operation on specified dates and hours only.

• 5.12.300 Number of participants.

• 5.12.310 Advertising.

• 5.12.320 Alcohol and drugs prohibited.

• 5.12.330 Dust control.

• 5.12.340 Access ways.

• 5.12.350 Sale and preparation of food and beverages

• Article 1. General Provisions

A. "Automobile parking space," when required by this chapter, is the same as
the definition of "parking space" contained in Section 17.04.600.

B. "Outdoor festival" means any music festival, dance festival, "rock" festival or similar musical activity, at which music is provided by paid or professional, or amateur performers or by prerecorded means, which is held at any place other than in a permanent building or permanent installation which permanent installation has been constructed for the purpose of conducting such activities or similar activities, to which members of the public are invited or admitted for a charge or free of cost, and at which it is reasonably contemplated that one thousand persons or more will be in attendance.

5-13 C. "Permittee" means the person, partnership or corporation to which a special use permit for an outdoor festival has been granted by the board of supervisors, and includes all employees and agents of such person, partnership or corporation. (Ord. 1016 § 1, 1979, Ord. 593 § 2 (part), 1970; prior code § 7-13.0 - 7-13.2).

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 unincorporated area of the county unless he/she, they or it first obtain a special use permit from the County to operate or conduct such a festival.

B. The special use permit shall satisfy any requirement for a use permit as required by Title 17 or the enabling zoning ordinance of the county for such a festival; provided, however, that nothing in this chapter shall be construed as permitting such a festival in any zoning district other than allowed by Title 17 or the enabling zoning ordinance of the county. (Ord. 1016 § 2, 1979; Ord. 593 § 2 (part), 1970; prior code § 7-13.3).

A. Application for a special use permit to conduct an outdoor festival shall be made in writing to the board of supervisors, accompanied by nonrefundable application fee of two hundred fifty dollars and filed with the county clerk and shall contain all of the following information:

Ten copies of white background prints of a map, drawn to scale, showing:

a. The location of the property concerned;

b. The assessor's parcel number or numbers of the parcel or parcels on which it is planned to conduct the outdoor festival, provide parking for the festival, or other uses incidental thereto;

c. A vicinity map with directions to the parcel or parcels on which the outdoor festival is planned;

d. A map of all roadways on the parcel or parcels for which the outdoor festival is planned, drawn in such a manner as to clarify the vicinity map directions;

e. The location and detailed plans of all buildings and structures on the premises or to be erected, including the bandstand, stage, or other facility for performers,

f. The location of all loudspeakers,

g. The location of all toilet, medical, drinking and other facilities;

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

An estimate of the total number of persons expected to attend or participate in the outdoor festival for each day of operation;

If it is proposed or expected that spectators or participants will remain overnight, the arrangements for illuminating the premises and for camping or similar facilities;

A consent to the entry at any time in the course of his/her duties of any peace officer, any officer or employee of the California Department of Forestry, United States Forest Service, county health department and any other federal, state and county officer in the performance of his/her duties;

A document showing that the applicant is the owner of the premises or an agreement in writing signed by the owner permitting such use of the premises and the filing of the application;

A letter of intent which describes the agreements or contracts being sought with doctors, first aid attendants and ambulances who or which will be available at the outdoor festival;

A letter of intent describing how the applicant will guarantee the removal of trash and debris secured either by an undertaking or assignment of savings and loan shares or certificates of both in a total amount of not less than five thousand dollars;

A letter of intent describing how the applicant and owner will secure indemnification of an amount not less than one million dollars against all liability incurred by them or either of them to the county or to any person to which liability arises pursuant to the issuance of a special use permit to conduct an outdoor festival or from the

5-14 conduct of the permittee of the outdoor festival.

B. The original and ten copies of the application shall be filed with the board of supervisors. The clerk of the board shall distribute the copies to the planning department. county surveyor, road department, district attorneys office, sheriff's office, health department, Highway Patrol and the State Department of Forestry, and the United States Forest Service or other public agency when applicable. (Ord. 1016 § 3, 1979; Ord. 593 § 2 (part), 1970; prior code § 7-13.4).

for application. An application for such special use permit shall be filed not less than sixty days prior to the proposed festival;
however, the applicant should allow additional time to provide the county time to process the application pursuant to the California Environmental Quality Act and other state laws. (Ord. 1016 § 4, 1979; Ord. 593 § 2
(part), 1970; prior code § 7-13.5).

a complete application and the application fee, the county clerk shall set the application for public hearing before the board of supervisors not less than fifteen days nor more than thirty days thereafter, and shall give not less than ten days' written notice thereof to the applicant and any property owner within five hundred feet of the site proposed for such festival. (Ord. 1016 § 5, 1979; Ord. 593 § 2 (part), 1970; prior code §7-13.6).

accompanying documents. If the board of supervisors grants the issuance of a special use permit for an outdoor festival, the applicants shall submit, to the county clerk, copies of the following prior to the issuance of the permit:

A. The agreements or contracts which show what doctors, first, aid attendants and ambulances will be available at the outdoor festival;

B. An agreement signed by the applicant that, within seventy-two hours after the conclusion of the outdoor festival, he/she will clean up the premises and remove all trash and debris therefrom; such agreement shall be secured by an undertaking or assignment of savings and loan shares or certificates or both in a total amount of not less than five-thousand dollars;

C. Proof that the applicant and owner has secured indemnification, of an amount not less than one million dollars against all liability incurred by them or either of them to the County or to any person to which liability arises pursuant to the issuance of a special use permit to conduct an outdoor festival or from the conduct of the permittee of the outdoor festival;

D. Proof that the standards defined in Article II of this chapter will be fully satisfied;

E. Proof that all additional conditions required by the board of supervisors, as a condition to the special use permit, have been met. (Ord. 1016 § 6, 1979; Ord. 593 § 2 (part). 1970; prior code § 7-13.7).

special use permit for an outdoor festival shall be granted if the board of supervisors finds that:

A. The outdoor festival will be held at a location which complies with and meets all of the health, zoning, fire and safety requirements and standards of the laws of the state and ordinances of this county applicable thereto;

B. All information required by this article is in the application and all documents required by this article have been filed;

C. The proposed outdoor festival will not in any way jeopardize, adversely affect, endanger, or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use,

D. The applicant, his/her employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager:

Has not been convicted within the last five years in any court of competent jurisdiction of:

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a. Any crime requiring registration under Section 290 of the Penal Code, or

b. Any violation of Chapter 7.5 (beginning with Section 311) of Title 9, Part 1 of the Penal Code: or

c. Any violation of Chapter 7.6 (beginning with Section 313) of Title 9, of Part 1 of the Penal Code; or

d. Any violation of paragraphs (a), (b). or (d) of Section 647 of the Penal Code, or

e. Any violation of Section 315, or 316, or 318 of the Penal Code; or

f. Any offense involving the use of force or violence upon the person of another; or

Has not allowed or permitted any illegal possession, use, sale, or delivery of narcotics or any acts of sexual misconduct within prior business operations;

E. The applicant, his/her employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate, or manager, has not knowingly made any false, misleading or fraudulent statement of material fact in any application for a permit, or in any report or record. required to be filed with the board of supervisors or any county agency. (Ord. 593 § 2 (part), 1970; prior code § 7- 13.8).

fee payments. A neighborhood or community benefit organization, organized for charitable, religious or eleemosynary purposes, shall be exempt from paying the application and special use permit fees provided for in this chapter provided the net proceeds from any such activity does not inure to the benefit of any private persons, partnership or corporation. (Ord. 593 § 2 (part), 1970; prior code § 7-13.9).

approval of the application by the board of supervisors and upon payment of a special use permit fee of two hundred fifty dollars per day of operation, shall issue a special use permit to the applicant. (Ord. 1016 § 7, 1979; Ord. 593 (part). 1970; prior code § 7- 13.10).

participants. A permit for an outdoor festival shall state the maximum number of participants. In deciding this maximum, the board of supervisors may be guided by, but it is not bound by, the estimate stated in the application for a permit. (Ord. 593 § 2 (part), 1970; prior code § 7-13.11(a)).

hours. A permit for an outdoor festival shall state the dates and hours during which the outdoor festival may be conducted. (Ord. 593 § (part), 1970; prior code § 7-13.11(b)).

A. In granting a permit, the board of supervisors may attach such conditions as it finds necessary to accomplish the purposes of this chapter, including, but not confined to:

Adequate lighting, including location of all light standards and electrical switches;

Provisions for cleaning up the premises after the termination of the outdoor festival;

An emergency communications system sufficient to meet the emergency requirements of the sheriff and State Division of Forestry or the U.S. Forest Service;

Advertising permitted, including advertising by radio, television or loudspeaker;

Assuring that the number attending does not exceed the number allowed by the permit;

Such other conditions as the board finds necessary for reasons of health, sanitation, supply of food, supply of water, prevention of unreasonable noise, or promotion of the general welfare.

B. Such conditions shall appear on the permit. (Ord. 593 § 2 (part), 1970; prior code § 7-13.11(c)).

permit. The board of supervisors shall have the right to revoke or suspend any permit issued pursuant to this article after a Public hearing held after oral or written notice is given to the permittee at least twenty-four hours prior to such hearing, for any of the following causes:

5-16

A. The permittee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of the permit;

B. The permittee 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 permittee violated or attempts to violate any law of the state and provision of this chapter or any other ordinance of the county;

D. The permittee has previously made a false, misleading or, fraudulent statement of material fact in the application for permit or in any other document required pursuant to this chapter. (Ord. 593 § 2 (part), 1970; prior code § 7-13.12 (part)).

notice of such revocation shall be forwarded by the county clerk to 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. 593 § 2- (part), 1970; prior code § 7-13.12 (part)).

sheriff may suspend operation and close any outdoor festival prior to the expiration of the permit 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/her opinion it becomes necessary to prevent injury to person or persons and/or damage to property, (Ord. 593 § 2 (part), 1970; prior code § 7-13.1. (part)).

granted under the provisions of this article shall be transferable or removable to another location other than that described in the permit. (Ord. 593 § 2 (part), 1970; prior code § 7-13.13).

A. All physical facilities required or subject to approval under this chapter may be conditionally approved upon the basis of specific plans and specifications proposed and submitted by the applicant for a permit. All such facilities required under the terms of any permit issued shall be in existence and in place at the location for which the permit is granted five days or more before the date when the event is scheduled to take place and shall be subject to inspection and approval of the agencies, departments or offices whose approval is required. Inspection of such facilities shall be approved or disapproved on or before the fifth day preceding the event. Failure by the agency, department or office to act as herein required shall constitute approval.

B. If the facilities fail to meet the standards set forth in the plans and specifications therefor which have been conditionally approved, such conditional approval may be withdrawn and any and all permits granted subject to such approval may be canceled as provided in Section 5.12.130A. (Ord. 593 § 2 (part), 1970; prior code § 7-13.14).

Any outdoor festival held, conducted or maintained contrary to the provisions of this chapter, and any apparatus, devices or equipment installed or built for use in an outdoor festival to be held, conducted or maintained contrary to the provisions of this chapter, is unlawful and a public nuisance, and the district attorney/county counsel may commence an action or proceeding for the abatement and removal and enjoinment thereof in the manner provided by law. (Ord. 593 § 2 (part), 1970; prior code § 7-13.15).

permit for an outdoor festival may be renewed by the original applicant in the manner prescribed as follows:

A. The applicant shall file a written request with the county clerk to renew the original permit, and shall accompany such request with a renewal fee of fifty dollars.

B. The county clerk shall review and approve such request if each of the following findings can be made and supported by statements of fact:

1. That each of the findings made by the board of supervisors on the original application pursuant to Section 5.12.070 are still applicable to the application and can still be made;

5-17

2. That the previous outdoor festival did not cause any incident which would indicate that the public safety, health or welfare would be adversely affected by such renewal;

3. That the proposed outdoor festival subject to such renewal substantially conforms to that outdoor festival for which the original application was made;

4. That each of the requirements of this article and all conditions of approval for the original permit were complied with during the course of the previous outdoor festival;

5. That each of the provisions for bonding, insurance, medical services, communications equipment, access, parking, security, fire protection, sanitation, solid waste and litter control contained in the original application are guaranteed under the terms of the renewal application.

C. If the county clerk approves such a request for a renewal, he/she shall issue a renewal permit on payment of the fees set forth in Section 5.12.090.

D. If each of the above findings cannot be made, the county clerk shall notify the applicant in writing that the application for renewal of the original special use permit is denied, and that applicant may apply for a new special use permit pursuant to the provisions of this chapter. (Ord. 1016 § 8, 1979; prior code § 7-13.16) Article II. Standards

provisions of this article shall apply to any outdoor festival as the same is defined in and regulated by the provisions of Article I of this chapter. (Ord. 593 § 3 (part), 1970; prior code § 7-14.0).

A. The permittee shall provide drinking water by providing drinking fountains as follows:

One drinking fountain for the first one hundred persons;

Two drinking fountains for more than one hundred but less than five hundred persons;

One additional drinking fountain for each additional five hundred persons or fraction thereof.

B. If the health department finds that lesser or different facilities are sufficient instead of the above, the permittee shall provide such facilities. (Ord. 593 § 3 (part), 1970; prior code 7-14.1).

A. The permittee shall provide at least one water closet and one urinal for every two hundred miles and one water closet for every one hundred females, or major fraction of such number permitted to attend, unless the health department finds that a lesser number is sufficient in which case he/she shall provide such number. If a compartment contains one water closet and one urinal the permittee may count it as one water closet or as one urinal but not as both. Such sanitary facilities shall first be approved by the health department.

B. The licensee shall provide one lavatory for each two fixtures required.
Where both sexes are admitted, the sexes shall be assumed to be equally divided. (Ord. 593 § 3 (part), 1970; prior code § 7-14.2).

premises on which an outdoor festival is conducted shall have on such premises or contiguous thereto automobile storage spaces equal to one fifth of the number of persons which the permit allows to attend the outdoor festival unless the road commissioner finds

5-18 that a smaller number is sufficient in which case the permittee shall provide such lesser number. Such automobile parking spaces shall be graded, marked and separated by a physical barrier from the area where the patrons will watch the performance. At all times between one hour before the beginning of the outdoor festival and one hour after its termination the permittee shall provide parking attendants at all entrances, exits and within the parking lots. (Ord. 593 § 3 (part), 1970; prior code § 7-14.3).

outdoor festival one male employee approved by the board for each two hundred persons which the permittee permits to attend, whether actually present or not, shall be constantly in attendance during the entire time the outdoor festival is in progress, and shall devote his/her entire time and attention to keeping order, and observing and enforcing all applicable statutes and ordinances including this chapter. (Ord. 593 § 3 (part), 1970; prior code § 7-14.4).

shall provide all fire protection and fire safety measures as the county fire warden recommends and 'the board of supervisors finds it necessary to protect those attending the outdoor festival. (Ord. 1016 § 10, 1979; Ord. 593 § 3 (part), 1970; prior code § 7- 14.5).

hours during which the outdoor festival can be held as provided in the permit are such that any portion thereof is between sunset of one day and sunrise the following day, or the permit allows any participant to remain overnight, the permittee shall provide such lighting, including the location of all light standards and electrical switches as the building inspector finds necessary for public safety and welfare. (Ord. 593 § 3 (part), 1970; prior code § 7-14.6).

two hours after the end of an outdoor festival the permittee shall clean up the premises and remove all trash and debris therefrom, (Ord. 593 § 3 (part), 1970; prior code § 7-14.7).

permittee shall install and, at all times during which the outdoor festival is in progress, maintain an emergency communications system which both the sheriff and State Division of Forestry or the U.S. Forest Service find adequate for fire and police protection. (Ord. 593 § 3 (part), 1970; prior code § 7- 14.8).

hours only. The permittee shall operate the outdoor festival only on those days and during, the hours specified on the permit. (Ord. 593 § 3 (part), 1970; prior code § 7- 14.9).

permittee shall not admit, and shall prevent the entrance of, to the premises on which the outdoor festival is held, any person who does not possess a ticket except a peace officer or other public officer in the performance of his/her duties. The permittee shall not sell, give, or distribute a greater number of tickets than the number which the permit allows to attend. The permittee shall not admit any person to an outdoor festival if such admission would result in a greater number of persons present that allowed by the permit. (Ord. 593 § 3 (part), 1980; prior code § 7- 14.10).

advertise or announce by any means or medium, including but not confined to pamphlets, handbills, newspapers, radio and
television, the holding of an outdoor festival prior to the granting of the permit allowing such outdoor festival. Subsequent to issuance of a permit, all advertising of an Outdoor festival shall state that admission is by ticket only, and there shall be no statement which might imply any conclusion to the contrary. (Ord. 593 3 (part), 1970; prior code § 7-14.11).

permittee shall not allow any person who is in the possession of, consuming, using, or under the influence of any alcoholic beverage or drugs to enter or remain on the premises of a music festival or the parking areas incident

5-19 thereto. (Ord. 593 § 3 (part), 1970; prior code § 7-14.12).

use such methods of dust control as approved by the health department. The health department shall approve such methods if it finds that such methods will prevent the arising of dust to an extent which may endanger the public health or safety. (Ord. 593 § 3 (part), 1970; prior code § 7-14.13).

provide all exterior and interior access ways which the sheriff, Highway Patrol, fire warden and road commissioner find necessary for the use of participants at the festival. All exterior and interior access ways shall be clearly delineated by means of curbs or buffers on the ground. No person or object shall occupy any such access way except for the purpose of access or to cross the same. (Ord. 1016 § 11, 1979; Ord. 593 § 3 (part), 1970; prior code § 7-14.14).

beverages. In selling, preparing, delivering, or serving food or beverages, or both, all persons shall comply with the California Restaurant Act, Chapter 11 (beginning with Section 28520) of Division 21 of the California Health and Safety Code. (Ord. 593 § 3 (part), 1970; prior code § 7-14.15).