Walnut Municipal Code Ch. 4.16 Outdoor Festivals

The permittee shall provide drinking water which the health officer first finds complies with Section 507 of Ordinance No. 7583 entitled "An ordinance adopting a Health Code," adopted August 25, 1959 by providing drinking fountains as follows:

A. One drinking fountain for the first 100 persons.

B. Two drinking fountains for more than 100 but less than 500 persons.

C. One additional drinking fountain for each additional 500 persons or fraction thereof.

D. If the health officer finds that lesser or different facilities are sufficient instead of the above, the permittee shall provide such facilities.

A. The permittee shall provide at least one water closet and one urinal for every 200 males and one water closet for every 100 females, or major fraction of such number permitted to attend, unless the health officer finds that a lesser number is sufficient in which case he or 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 officer.

B. The permittee shall provide one lavatory for each two fixtures required. Where both sexes are admitted the sexes shall be assumed to be equally divided.

Every premises on which an outdoor festival is conducted shall have on such premises or contiguous thereto automobile parking spaces equal to one-fifth of the number of persons which the permit permits to attend the outdoor festival unless the County Engineer finds 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.

At every outdoor festival one male security guard, either approved by the City Council or supplied by a private patrol operator whose name and address is stated in the application and who is licensed pursuant to Chapter 4.20, for each 200 persons which the permit 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 entire time and attention to keeping order, and observing and enforcing all applicable statutes and ordinances, including this chapter.

The permittee shall provide all fire protection and fire safety measures as the City forester and fire chief finds necessary to protect those attending the outdoor festival.

If the 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 permits any participant to remain overnight the permittee shall provide such lighting, including the location of all light standards and electrical switches as the City Engineer finds necessary for public safety and welfare.

Within 72 hours after the end of an outdoor festival the permittee shall clean up the premises and remove all trash and debris therefrom.

The 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 City forester and fire chief find adequate for fire and police protection.

The permittee shall operate the outdoor festival only on those days and during the hours specified on the permit.

The permit 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 or her duties. Admission shall be by ticket only. The permittee shall not sell, give or distribute a greater number of tickets than the number which the permit permits 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 than permitted by the permit.

A person shall not 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 a permit permitting such outdoor festival. The permittee or other person shall not print, distribute, broadcast or use any such advertising or announcement, or any other advertising of the outdoor festival which has not first been approved by the City Council. The City Council shall approve such advertising if it states that admission is by ticket only, if all statements are true and if there is no statement which might imply any conclusion contrary to fact.

A person shall not advertise or sell any ticket to any outdoor festival regardless of where situated, whether in this state or otherwise, in any manner contrary to any statute, ordinance or regulation of the jurisdiction in which the festival is to be held.

A person shall not enter, be or remain on any part of the premises on which an outdoor festival is conducted while in the possession of, consuming, using or under the influence of, any alcoholic beverage or drug. The permittee shall not permit any such person to enter or remain upon the licensed premises.

The permittee shall use such methods of dust control as approved by the health officer. The health officer shall approve such methods if he or she finds that such methods will prevent the arising of dust to an extent which may endanger the public health or safety.

The permittee shall provide all exterior and interior accessways which the sheriff and City Engineer find necessary for the use of participants at the festival. All exterior and interior accessways shall be clearly delineated by means of curbs or buffers on the ground. A person shall not occupy any such accessway except for the purpose of access or to cross the same.

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 28600) of Division 21 of the Health and Safety Code of the State.

A permit for an outdoor festival shall be required if the license issued under Section 4.08.230 of this title permits more than 5,000 people to attend.

A. Contents. An application for a permit for an outdoor festival for more than 5,000 persons to attend shall include:

1. Whether the outdoor festival will be exclusively devoted to religious worship or not.

2. The owner, exact location, legal description, area and shape of the premises on which it is planned to conduct the outdoor festival.

3. The owner, exact location, legal description, area and shape of all lands to be used for parking or other uses incidental to the outdoor festival.

4. The date or dates and the hours during which the festival is to be conducted, and during which the premises will be under the control of the applicant.

5. An estimate of the minimum and maximum number of customers, spectators, participants and other persons expected to attend the outdoor festival for each day it is conducted, together with detailed information supporting such estimate.

6. A detailed explanation of the applicants program and plans to supply and maintain security protection, water supply and facilities, food supply and facilities, sanitation facilities, medical and first aid facilities and services, vehicle parking space, vehicle access and on-site traffic control.

7. All loudspeakers and sound equipment to be used and the intensity of the sound, in decibels, at the boundaries of the premises.

8. The names and addresses of all persons who will or may act as security guards during the outdoor festival, or the name and address of a private patrol operator duly licensed pursuant to Chapter 4.20, who will supply such security guards, or both.

9. 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.

10. Provisions for clean-up of the premises and removal of rubbish after the event has concluded.

11. Such other information pertinent to the outdoor festival as the City Council or any City or County officer finds necessary and requires in order to determine whether or not the permit should be granted and, if granted, the conditions of such permit.

B. Time of Filing. An application for a permit for an outdoor festival shall be filed not less than 60 days prior to the beginning of such outdoor festival.

C. Accompanying Documents. At the time of filing an application for a permit for an outdoor festival the applicant, at the same time, also shall file:

1. Four copies of white background prints of a map drawn to a scale, showing:

a. The location of the property concerned.

b. The location of all highways, streets, alleys, lots and parcels of land within 700 feet of the exterior boundaries of the proposed use.

c. The location of the parking area and of all other areas to be used for other uses incidental to the outdoor festival.

d. All interior accessways.

e. Access to the property.

f. 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.

g. The location of all loudspeakers.

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

2. A certified list as shown on the latest available assessment roll of the County of the names and addresses of all persons to whom all property is assessed within 500 feet of the exterior boundaries of the proposed use.

3. 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.

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

5. An agreement signed by the applicant that, within 72 hours after the conclusion of the outdoor festival he or 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 $5,000.00.

6. If such outdoor festival is not exclusively devoted to religious worship and music incidental thereto, an agreement signed by the applicant and by the owner of the subject premises that they will reimburse all owners and occupants of property adjoining the subject premises for all damages of any kind to such owners or occupants or to their property caused by the applicant, owner of the subject premises, or by any person attending the outdoor festival, which damage would not have occurred had the outdoor festival not been held, and an undertaking, policy of insurance, or agreement accompanied by the assignment of savings and loan shares or certificates, or a combination of any two or all of the above as provided in this chapter.

The undertaking required by subsection (C)(6) of Section 4.16.180 shall be for the benefit of the City and all persons to whom the licensees or owner may become liable because of the agreement required by subsection (C)(6) or arising from the conduct of the permittee of the outdoor festival.

The insurance policy required by subsection (C)(6) of Section 4.16.180 shall insure the permittee and owner of the subject property against all liability incurred by them or either of them to the City or to any person which liability arises pursuant to the agreement required by subsection (C)(6) or arising from the conduct of the permittee of the outdoor festival.

An applicant for a permit for an outdoor festival who deposits with the City Clerk and assigns to the City savings and loan certificates or shares in lieu of, or in addition to, the undertaking or policy of insurance required by subsection (C)(6) of Section 4.16.180, also at the same time shall file with the City Clerk an agreement in writing in which he or she agrees that the City may, and the City may, satisfy either in whole or in part, from such certificates or shares, any final judgment or any judgment upon which execution may issue, the payment of which is, or would have been guaranteed by the undertaking required by this chapter.

The undertaking, policy of insurance and savings and loan certificates or shares assigned shall each be in such an amount that the total shall not be less than $50,000.00, or $10.00 per person permitted by the permit to attend the outdoor festival, whichever is less.

Upon receipt of an application for a permit to conduct an outdoor festival, the City Council shall determine whether or not more than 5,000 persons will attend the outdoor festival. In making such determination the City Council may consider but is not bound by the number stated in the application. If the City Council finds that not more than 5,000 persons will attend the outdoor festival and also makes the findings required by Section 4.16.250, it, without holding a hearing, may grant the permit. Such permit shall not permit more than 5,000 persons to attend; otherwise the City Council shall set the application for hearing.

The City Clerk shall serve notice of the time and place of such hearing as provided in Title 6, the zoning regulations, and not less than 10 days before such hearing serve notice of the time and place of hearing upon all persons whose names and addresses appear upon the latest available assessment roll of the County as owning property within 500 feet of the exterior boundaries of the proposed use.

The City Council may grant a permit for an outdoor festival if it finds:

A. That 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, this code and any other ordinance of this City applicable thereto.

B. That all information required by this chapter is in the application and all documents required by this chapter have been filed.

C. That the proposed outdoor festival will not in any way substantially 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. The City Council may find that a location is unsuitable even if in the proper zone.

D. The applicant, his or her employee, agent or any other person connected or associated with the applicant as partner, director officer, stockholder, associate or manager in the operation of the outdoor festival:

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

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

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

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

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

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

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

g. Any offense involving the maintenance of a nuisance in connection with the same or similar business operation.

2. Has not committed within the last five years any offense described in paragraphs (a) to (f) of paragraph 1 of this subsection.

3. 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 or 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 the application for a permit or in any report or record required to be filed with the City Clerk or City Council.

F. The applicant has not had a similar type of permit previously revoked for good cause within one year prior to the application, or if he or she has, he or she also has shown material changes in circumstances since such revocation.

A permit for an outdoor festival shall state the maximum number of participants permitted. In deciding this maximum the City Council may be guided by, but it is not bound by, the estimate stated in the application for a permit.

A permit for an outdoor festival shall state the dates and hours during which the outdoor festival may be conducted.

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

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

B. Provisions for cleaning up the premises after the termination of the outdoor festival.

C. An emergency communications system sufficient to meet the emergency requirements of the sheriff and City forester and fire chief.

D. Advertising permitted, including advertising by radio, television or loudspeaker.

E. Assuring that the number attending does not exceed the number permitted by the permit.

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

In addition to the provisions of subsection 4.04.010(A) of this title, the City Council may suspend or revoke a permit for an outdoor festival if it finds that one or more of the following conditions exist:

A. The location of the outdoor festival does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all the laws of the State, this code or any other ordinance of the City applicable to such business operation.

B. The permittee, his or her employee, agent or any other person connected or associated with the permittee as partner, director, officer, stockholder, associate, or manager in the operation of the outdoor festival:

1. Has been convicted within the last five years in a court of competent jurisdiction of:

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

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

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

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

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

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

g. Any offense involving the maintenance of a nuisance in connection with the same or similar business operation.

2. Has committed within the last five years any offense described in paragraphs (a) to (f) of paragraph 1 of this subsection.

3. Has allowed or permitted upon the premises any illegal possession, use, sale or delivery of narcotics or any acts of sexual misconduct.

C. The permittee, his or her employee, agent or any person connected or associated with the permittee as partner, director, officer, stockholder, associate or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the City Clerk or City Council.

D. Has violated any condition of the permit or rule or regulation adopted by the City Council relating to the permittee’s business, or any provision of Chapters 4.04 through 4.12 of this title.