Yolo County Municipal Code Ch. 12 Outdoor Festivals

For the purposes of this chapter, “outdoor festival” shall mean any musical festival, dance festival, “rock” festival, exhibition, sporting event, or other outdoor activity, not including parades, which is held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of conducting such activities or similar activities, and to which members of the public are invited or admitted for a charge or free of cost, attended by more than 1,000 persons. (§ 1, Ord. 627, eff. January 19, 1970)

It shall be unlawful for any person to operate, maintain, conduct, advertise, sell, or furnish tickets or other types of written authority to admission to an outdoor festival in the unincorporated area of the County unless he shall first obtain a license from the County to operate or conduct such festival. (§ 1, Ord. 627, eff. January 19, 1970)

Applications for licenses to conduct outdoor festivals shall be made in writing to the Clerk of the Board at least sixty (60) days prior to the time indicated for the commencement of the outdoor festival. The application shall be accompanied by a non-refundable application fee of One Hundred and no/100ths ($100.00) Dollars and shall contain the following information:

(a) Identity. The name, age, residence, mailing address, and telephone number of the applicant and the applicant’s legal nature, such as individual, partnership, corporation, et cetera. 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 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;

(b) Location. 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 festival. The applicant shall submit proof that he owns such premises or the written consent of all owners thereof for the proposed use;

(c) Dates. The date or dates and the hours during which the festival is to be conducted;

(d) Estimate of numbers. An estimate of the minimum and maximum numbers of customers, spectators, participants, and other persons expected to attend the outdoor festival for each day it is conducted; and

(e) Program and plans. A detailed explanation of the applicant’s program and his plans to provide the following:

(1) Water for human consumption in a manner and amount sufficient to serve the anticipated customers;

(2) A detailed description of the proposed portable or permanent sanitary facilities;

(3) The location of parking area necessary to serve the anticipated customers, together with provisions for grading, marking, and separation of the area by physical barriers from the area where patrons will watch the performance, together with provisions for parking attendants at the entrances and exits and within the parking lots;

(4) A map or diagram of the interior access ways showing provisions for the availability of emergency vehicles, such as ambulance, fire, or police, together with the clear delineation by means of buffers on the ground;

(5) The location, nature, and type of medical and first aid facilities, accompanied by agreements or contracts showing the specific doctors, first aid attendants, and ambulances which will be available at the time and place of the performance;

(6) The provisions for parking area and interior private police protection, accompanied by agreements by which the arrangements have been made;

(7) The provisions for fire protection and fire safety measures;

(8) The provisions for adequate lighting, including the location of all light standards and electrical switches;

(9) The provisions for public liability and property damage insurance;

(10) The provisions for a cleanup of the premises and adjoining property of litter and garbage resulting from the festival;

(11) The provisions for an emergency communications system;

(12) The provisions for food supplies and facilities;

(13) If it is proposed or expected that spectators or participants will remain at night or overnight, the arrangements for camping or similar facilities;

(14) The plans to provide for any numbers of spectators in excess of the estimate;

(15) The plans and specifications of any temporary or permanent structures, including, but not limited to, bandstands or staging; and

(16) A detailed explanation of the plans for policing the activity, with particular emphasis on the control and prevention of alcoholic beverage and drug consumption. (§ 1, Ord. 627, eff. January 19, 1970)

Upon receipt of a complete application and the application fee, the Clerk shall request the Board 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 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, the Public Health Director, the Director of Public Works, the Planning Director, and the Chief Building Inspector who shall investigate the matter and report in writing to the Board not later than the time set for hearing with appropriate recommendations concerning the activity. (§ 1, Ord. 627, eff. January 19, 1970)

(a) The Board shall consider the documentary and testimonial evidence of witnesses presented at such hearing, including all reports of investigation, and thereafter the Board, in accordance with the standards set forth in this chapter, shall grant the license in accordance with the application and program and plans approved by the Board, deny the license, or set conditions which shall be met, or security given that they will be met, before a license may be granted.

(b) If conditions are imposed by the Board, the applicant shall furnish, or cause to be furnished, to the Clerk proof that all conditions have been met, or that security has been given that they will be met, before the license may be issued by the Clerk. (§ 1, Ord. 627, eff. January 19, 1970)

(a) Protection. No license shall be granted unless the evidence at the hearing shows that the applicant has adopted a program and plans which he has the reasonable capability of carrying out which provide the necessary protection for the health, safety, and general welfare of persons and property in the County, including spectators and participants, the County itself, and owners of property adjoining the outdoor festival site, which protection shall include, but shall not be limited to, the following:

(1) The site of the outdoor festival shall be owned by the applicant, or the written consent of all owners thereof for the proposed use shall be obtained.

(2) Water for human consumption shall be provided in a manner and amount as is approved by the Public Health Director sufficient to serve the expected spectators or participants.

(3) Portable or permanent sanitary facilities sufficient to serve the anticipated spectators and participants shall be provided in a ratio to be determined by the Public Health Director, and in at least a minimum number set by the Board based upon such ratio.

(4) Parking areas necessary to serve the expected spectators or participants shall be provided, together with provisions for the grading, marking, and separation of the area by physical barriers from the area where patrons will watch the performance, together with provisions for parking attendants at the entrances and exits and within the parking lots.

(5) Interior access ways shall be provided for the availability of emergency vehicles, such as ambulance, fire, or police, together with their clear delineation by means of buffers on the ground, and the occupation of any such buffer space by patrons shall be prohibited.

(6) Medical and first aid facilities shall be provided sufficient to serve the expected spectators or participants.

(7) Parking areas and interior private police protection shall be provided sufficient to serve the expected spectators or participants.

(8) Fire protection and fire safety measures shall be provided sufficient to serve the expected spectators or participants.

(9) Adequate lighting shall be provided sufficient to serve the expected spectators or participants.

(10) Public liability and property damage insurance shall be provided in a reasonable amount.

(11) Provision shall be made for a cleanup of the premises and adjoining property of the litter and garbage resulting from the festival.

(12) An emergency communications system shall be provided.

(13) Food supplies and facilities shall be provided sufficient to serve the expected spectators or participants.

(14) If it is proposed or expected that spectators or participants will remain at night or overnight, arrangements for camping or similar facilities shall be provided sufficient for such service.

(15) Adequate plans shall be made to provide for numbers of spectators in excess of the estimate.

(16) Any temporary or permanent structures, including, but not limited to, bandstands or staging, shall be structurally adequate for the purpose for which they are used.

(17) Policing, with particular emphasis on the control and prevention of alcoholic beverage and drug consumption, shall be provided sufficient to serve the expected spectators or participants.

(b) Conditions. The Board may impose conditions to be performed at the applicant’s expense when the evidence shows that such conditions are necessary to secure compliance with the standards required by the provisions of this chapter and may require security for the performance of these conditions.

(c) Security against loss. Security required by the Board 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 Section 5-12.01 of this chapter. Such bonds shall be prepared by a corporate bonding company authorized to do business in the State by the Department of Insurance in an amount determined by the Board. Such bonds shall indemnify the County, 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 way connected with such outdoor festival and shall indemnify against loss, injury, and damage to both persons and property.

(d) Security: Cleanup. The Board may also require the applicant to provide a corporate surety bond prepared by a corporate bonding company authorized to do business in the State by the Department of Insurance indemnifying the 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 a bond shall be in an amount determined by the Board as in its discretion will adequately provide for such indemnification. (§ 1, Ord. 627, eff. January 19, 1970)

Upon determining that the Board has ordered the issuance of the license pursuant to the provisions of this chapter, and that the conditions, including conditions for security, if any, imposed by the Board have been complied with by the applicant, the Clerk shall collect a license fee of One Hundred Fifty and no/100ths ($150.00) Dollars per day for each day the festival is scheduled to be held, 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 in accordance with the program and plans approved by the Board and the conditions, if any, imposed by the Board. (§ 1, Ord. 627, eff. January 19, 1970)

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 does not inure to the benefit of any private persons. (§ 1, Ord. 627, eff. January 19, 1970)

The Board shall have the right to revoke any license issued pursuant to the provisions of this chapter after a public hearing held after 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 a license;

(b) If the licensee fails, neglects, or refuses to fulfill any of the provisions of the program or plans approved by the Board;

(c) If the licensee knowingly permits the outdoor festival to be conducted in a disorderly manner or knowingly allows any person to remain on the premises while under the influence of intoxicating liquor or any narcotic or dangerous drug;

(d) If the licensee violates, or attempts to violate, any law of the State, the provisions of this chapter, or any other law of the County; or

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

Written notice of such revocation shall be forwarded by the Clerk to the Sheriff and the licensee at the address given in the application. Such revocation shall become effective immediately after ordered by the Board. (§ 1, Ord. 627, eff. January 19, 1970)

The Sheriff may suspend operations and close any outdoor festival prior to the expiration of the license granted pursuant to 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. (§ 1, Ord. 627, eff. January 19, 1970)

No license granted pursuant to the provisions of this chapter shall be transferable or removable to another location or another licensee. (§ 1, Ord. 627, eff. January 19, 1970)

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. (§ 1, Ord. 627, eff. January 19, 1970)