Chapter 4.35 OUTDOOR FESTIVALS

In this State and elsewhere, outdoor festivals have been promoted and have attracted large numbers of persons, sometimes exceeding one hundred thousand (100,000). Occurrences at those outdoor festivals already held include the stealing of automobiles, abandonment of automobiles stolen elsewhere, totally unmanageable traffic congestion, slaughtering of cattle and other animals on adjoining property without permission of the owners thereof, unauthorized destruction of property, scattering of trash, garbage, and other debris on adjoining property, overnight camping at random locations, collision of automobiles with persons sleeping on the ground, and, generally, the commission of serious crimes with impunity due to the inability of police to patrol the area.

Such festivals, with their attendant large crowds, create serious health and safety risks for persons attending and the general public thereafter unless adequate sanitary facilities, drinking water supplies, lighting, medical services, vehicular parking areas, supervision, and other services and guarantees are provided.

The regulatory provisions of this chapter are necessary to ensure that outdoor festivals are held only at suitable places and are subject to reasonable conditions for the protection of the public health, safety, and welfare. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.005 City Manager.

The City Manager is charged with the responsibility of administering the regulations imposed by this chapter, and exercising the authority conferred thereby. Such authority shall include the power and duty to issue special business licenses authorizing outdoor festivals, promulgate administrative regulations, and otherwise perform the duties and exercise the authorities conferred herein.

To these ends, the City Manager shall be vested with the same powers and authorities in relation to outdoor festivals and the issuance and administration of special business licenses therefor as are vested in the Chief of Police under EGMC Sections 4.02.070, 4.02.085, 4.02.100 and 4.02.105; and EGMC Sections 4.10.000 through 4.10.155. Any reference to the “Chief of Police” shall be deemed to be a reference to the City Manager in relation to outdoor festivals. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.010 Definitions – Generally.

As used in this chapter, the terms contained in EGMC Sections 4.35.015 through 4.35.025 shall be ascribed the meanings contained therein, unless the context indicates otherwise. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.015 Definitions – “Automobile parking space.”

“Automobile parking space” shall mean any maintained space, not less than one hundred eighty (180 ft2) square feet in area nor less than nine (9' 0") feet wide at any place, on or contiguous to the land on which the outdoor festival is conducted, and so located and arranged as to permit the parking of an average-size six (6) passenger automobile. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.020 Definitions – “Outdoor festival.”

“Outdoor festival” shall mean any outdoor gathering of more than five hundred (500) persons for the purpose of participating in or attending a dance, music carnival, “rock” festival, or like musical activity at which vocal or instrumental or both vocal and instrumental music is provided by professional or amateur performers or by prerecorded means, held at any place other than in a permanent building, stadium or like permanent installation which has been constructed or customarily used for the purpose of housing such activities, and to which gathering members of the public are invited or admitted with or without the payment of admission charges in any form. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.025 Definitions – “Sponsors and promoters.”

“Sponsors and promoters” shall mean all persons and business entities having a direct financial interest in the proceeds to be derived from the outdoor festival, whether such proceeds arise from ticket sales, sales of film, radio, television, or sound recording rights, or otherwise. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.030 Landowner’s consent.

It shall be unlawful for any person to sponsor, conduct, operate, promote or advertise an outdoor festival unless the owner or owners of the land upon which the festival is or would be conducted have consented to the use thereof for such purposes. If the land is not solely owned by the person or persons sponsoring, conducting, operating, promoting or advertising the festival, such consent shall be evidenced by a written instrument containing the notarized signatures of all record owners. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.035 Sponsor responsibilities.

Each person to whom a special business license required by Article II of this chapter is issued shall be responsible as licensee and at the sole cost and expense thereof for provision of those facilities, services, resources and guarantees required by EGMC Sections 4.35.040 through 4.35.105. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.040 Sponsor responsibilities – Water.

The licensee shall provide drinking water of the quantity, quality, and from a source approved by the City Manager. Drinking fountains shall be provided as follows:

A. One (1) drinking fountain for the first (1st) one hundred (100) persons;

B. Two (2) drinking fountains for more than one hundred (100) but less than five hundred (500) persons; and

C. One (1) additional drinking fountain for each additional five hundred (500) persons or fraction thereof. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.045 Sponsor responsibilities – Sanitary facilities.

The licensee shall provide sanitary facilities as follows: at least one (1) water closet and one (1) urinal, or in lieu thereof two (2) patented chemical toilets, for every two hundred (200) males, and at least one (1) water closet or patented chemical toilet for every one hundred (100) females, unless the City Manager finds that a lesser number is sufficient, in which case he or she shall designate each number. If both sexes are admitted to any sanitary facility, for purposes of determining the required quantity of facilities, the persons attending the outdoor festival shall be assumed to be equally divided by sex. Prior to the commencement of the outdoor festival, the City Manager shall inspect the sanitary facilities with regard to adequacy of quantity, functioning, and plans for periodic removal of wastes therefrom, and shall approve the sanitary facilities only if they meet applicable health standards. While any premises are being prepared for use for an outdoor festival or for parking or other uses incidental thereto, the licensee shall provide on the premises one (1) patented chemical toilet for each twenty (20) persons or fractional part thereof working at the job site. Every patented chemical toilet installed in accordance with this section shall be maintained and operated in accordance with the rules and regulations approved by the City Manager. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.050 Sponsor responsibilities – Automobile parking spaces.

On all premises on which an outdoor festival is conducted, or contiguous thereto and under the control of the applicant, in addition to those ways described in EGMC Section 4.35.085, there shall be automobile parking spaces equal in number to one-fourth (0.25) of the number of persons which the license permits to attend the outdoor festival, unless the Public Works Director finds that a lesser number of parking spaces is sufficient, in which case the licensee shall provide the lesser number of spaces. Such automobile parking spaces shall be graded, plainly and individually marked, and separated by a physical barrier from the area where patrons will watch the performances. At all times between two (2) hours before the commencement of the outdoor festival and two (2) hours after its termination, the licensee shall provide parking attendants at all entrances and exits to the parking area within the area. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.055 Sponsor responsibilities – Security personnel.

At any outdoor festival, one (1) off-duty law enforcement officer or uniformed security guard for each two hundred (200) persons which the license permits to attend, whether such permissible attendance is present or not, shall be in constant attendance during the entire time the outdoor festival is in progress. Each officer or security guard shall be approved by the Chief of Police or shall be provided by a private patrol operator whose name and address has been stated in the application and who is licensed pursuant to Division 3, Chapter 11 of the Business and Professions Code. The Chief of Police shall approve any security guard if the guard meets the qualifications stated in Sections 7526 and 7526.3 of the Business and Professions Code. The officers and security guards shall devote their entire attention and time to keeping order and enforcing all applicable statutes and ordinances, including this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.060 Sponsor responsibilities – Fire protection.

The licensee shall provide such fire protection measures and equipment as the Chief of the Cosumnes Community Services District Fire Department finds reasonably necessary to provide fire protection to the immediate and adjoining premises and to persons participating in and attending the outdoor festival. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.065 Sponsor responsibilities – Lighting equipment.

If the hours during which the outdoor festival can be held as provided in the license are such that any portion thereof is between sunset of one (1) day and sunrise of the following day, or if the license permits any participant or person in attendance to remain overnight, the licensee shall provide such lighting, including light standards and electrical switches, and such power supply as the Chief of Police and Public Works Director find necessary for the public safety and welfare. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.070 Sponsor responsibilities – Sound levels.

The licensee shall propose reasonable limits on sound emanating from the festival grounds into adjoining areas with resident homes or businesses. At the option of the Chief of Police, the licensee shall provide up to three (3) sound monitoring locations at the edge of the property where the outdoor festival is to be conducted. The monitoring locations shall be equipped to measure the decibels of sound emanating from the festival grounds and, at the option of the Chief of Police, may be monitored by City personnel to assure compliance with the sound level limits set forth in the permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.075 Sponsor responsibilities – Garbage.

The licensee shall provide solid waste receptacles to receive solid wastes at a ratio of one (1 yd3) cubic yard of available receptacle space for each two hundred fifty (250) persons which the license permits to attend the outdoor festival.

All solid waste receptacles shall be serviced once (1) every twenty-four (24) hours during the festival. Within seventy-two (72) hours after the conclusion of an outdoor festival, the licensee shall clean the premises, including contiguous public roads, ways, and easements, removing all trash, garbage, and debris therefrom, which matter would not have been deposited therein had not the outdoor festival occurred. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.080 Sponsor responsibilities – Emergency communications.

At all times during the conduct of an outdoor festival, the licensee shall maintain such emergency communications systems as the Chief of the Cosumnes Community Services District Fire Department and Chief of Police find reasonably necessary for fire and police protection. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.085 Sponsor responsibilities – Access ways.

The licensee shall provide all exterior and interior access ways which the Chief of Police and Public Works Director find necessary for the use of those attending the outdoor festival. All such access ways shall be clearly marked and delineated by means of curbs or temporary buffers on the ground. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.090 Sponsor responsibilities – Dust.

The licensee shall use such methods of dust control as are approved by the City Manager. The City Manager shall approve such methods if he finds that such methods will prevent the arising of dust to an extent which may endanger public health and safety. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.095 Sponsor responsibilities – Food.

In selling, preparing, delivering, or serving food or beverages or both, all persons proposed by the licensee to sell food shall comply with the California Restaurant Act, Division 21, Chapter 11 (beginning with Section 28600) of the California Health and Safety Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.100 Sponsor responsibilities – Damage reimbursement.

The licensee and owner or owners of the premises upon which the outdoor festival would be held shall sign a unilateral written contract promising that they will reimburse all owners and occupants of property adjoining the subject premises for any and all loss, injury, or damages to such owners or occupants or to their property caused by the licensee, by the owner of the subject premises, or by any other person attending the outdoor festival, which damage would not have occurred had the outdoor festival not been held. Accompanying and securing this agreement shall be a surety bond in favor of the City of Elk Grove and all persons to whom the licensee or owner of the subject premises may be liable because of the above-required agreement. The bond shall be prepared by a corporate bonding company authorized to do business within the State of California by the Department of Insurance, and shall be in the amount of not less than Fifty Thousand and no/100ths ($50,000.00) Dollars, or Ten and no/100ths ($10.00) Dollars per person permitted by the license to attend the outdoor festival, whichever is more. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.105 Sponsor responsibilities – Clean-up.

The licensee and owner or owners of the premises upon which the outdoor festival would be held shall sign a unilateral written contract promising that, within seventy-two (72) hours after the conclusion of the outdoor festival, they will clean up the premises, including contiguous public roads, ways, and easements, and remove all debris, garbage, trash, litter, and other waste matter from, in, and around the premises. Accompanying and securing this agreement shall be a surety bond in favor of the City of Elk Grove and all persons to whom the applicant may be liable because of the above-required agreement prepared by a corporate bonding company authorized to do business in the State of California by the Department of Insurance, obligating the licensee and owner for all costs necessitated to clean up the premises and to remove debris, garbage, trash, litter, or other waste matter from, in, or around the premises. Such surety bond shall be in the amount of not less than Five Thousand and no/100ths ($5,000.00) Dollars. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.110 Limitation upon attendance.

Adequate facilities, services and accommodations for those in attendance of an outdoor festival and required to otherwise protect the public peace, health, safety and welfare necessitate a planned limit upon the volume of potential attendance and the establishment of means to ensure that the volume limit is not exceeded.

The licensee shall provide such facilities on the premises where a festival is to be conducted and such personnel as the Chief of Police deems necessary to effectively control the number of persons in attendance as required in order to ensure that the limit for which the special business license is issued is not exceeded.

The licensee shall not admit to the outdoor festival, and shall prevent the entrance thereto of, any person who does not possess a ticket, except a peace officer or other public officer in the performance of his duty. Admission to an outdoor festival shall be by ticket only. The licensee shall not sell, give, or otherwise distribute or cause to be distributed a greater number of tickets than the number of persons the license permits to attend. The licensee shall not admit any person to an outdoor festival if such admission would result in a greater number of persons present than is permitted by the license.

The provisions of this section shall not be construed to require that tickets be sold for money as distinguished from given away or exchanged for some other consideration. Nor shall the provisions of this section be construed to require the persons desiring to attend to identify themselves either as a condition of receiving a ticket or of admission. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.115 Conduct prohibited.

The attendant harm and danger caused by large numbers of persons who are under the influence of intoxicating liquor or prohibited drugs necessitate the following restrictions.

No person shall, nor shall any licensee permit any person to enter, be, or remain on any part of the premises on which an outdoor festival is being conducted which such person is in possession of, consuming, using, or under the influence of any alcoholic beverage or legally proscribed dangerous drugs or narcotics. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.120 Advertising.

No person shall advertise or announce by any means or medium, including, but without limitation to, posters, pamphlets, handbills, newspaper, radio or television, the holding of an outdoor festival prior to the granting of a special business license permitting such outdoor festival.

Any and all such advertising shall contain reference to the fact that attendance is prohibited without possession of a ticket or other entitlement to attend, and the maximum number of persons permitted by the license to attend. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.125 Days and hours.

The licensee shall operate the outdoor festival only on those days and during those hours specified in the special business license. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.130 Termination of festival.

A. During the conduct of an outdoor festival for which a special business license has been issued under the provisions of EGMC Chapter 4.10 and this chapter, the Chief of Police shall be empowered to interrupt and terminate the festival, order the cessation thereof, and order all persons in attendance to disburse if he or she finds any of the following:

1. That the actual attendance at the festival exceeds the maximum attendance authorized by the license; or

2. That violations of EGMC Section 4.35.115 are occurring in such volume or under such circumstances that available law enforcement and security resources are inadequate to effectively enforce the prohibitions of that section; or

3. That any service on the site of the festival required by those in attendance is insufficient, and the insufficiency endangers the health, safety or welfare of those in attendance; or

4. That conduct violating the penal laws of the State of California is occurring in such volume or under such circumstances that law enforcement and security resources are insufficient to effectively prevent such violations; or

5. That the decibel level of sound intruding into neighboring properties exceeds the standards set by the license.

B. It shall be unlawful for any person to violate an order issued by the Chief of Police under the authority conferred by this section. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article II. Special Business License

4.35.205 License required.

No person shall sponsor, conduct, promote, advertise or sell or furnish tickets or other authority for an outdoor festival unless under and by authority of a valid, unexpired and unrevoked special business license authorizing the outdoor festival issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.210 Filing time.

Notwithstanding the provisions of EGMC Chapter 4.10, an application for a special business license to conduct an outdoor festival shall be filed not later than ninety (90) days in advance of the date the festival is proposed to commence. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.215 Application contents.

In addition to the matters prescribed by EGMC Section 4.10.030, an application for a special business license to conduct an outdoor festival shall contain that information and material prescribed by EGMC Sections 4.35.220 through 4.35.240. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.220 Application contents – Identification of applicants.

The application shall include the name (including aliases), age, residence, mailing address, email address, if any, and telephone numbers of each person making the application. If the application is filed by a partnership, the name (including aliases), age, residence and mailing address, and the telephone numbers of each partner shall be included. If the application is filed by a corporation, the application shall be signed by the president, vice president and secretary thereof and contain their residences, mailing addresses, email addresses, if any, and telephone numbers, and contain the telephone numbers, the mailing addresses, and the street addresses of the principal place of business of the corporation, and include a certified copy of the articles of incorporation and the bylaws of the corporation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.225 Application contents – Identification of property owners.

The application shall include the names, addresses and telephone numbers of the owners of the premises upon which the proposed outdoor festival, including automobile parking and other incidental uses, is to be held, and the exact location, legal description, and area of these premises. If any of the owners of the premises is a partnership, the names, addresses, email addresses, if any, and telephone numbers of all partners shall be included. If any of the owners of the premises is a corporation, the street address and telephone numbers of the principal place of business of the corporation, together with the names, addresses, email addresses, if any, and telephone numbers of the principal officers thereof shall be included. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.230 Application contents – Time – Attendance – Advertising.

The application shall include:

A. The date or dates and the hours during which the proposed outdoor festival is proposed to be conducted;

B. A statement of the maximum number of persons proposed to be admitted to the outdoor festival on each day;

C. Specification of the means of identifying the persons permitted to attend the festival, whether by tickets or otherwise; the number of tickets or other entitlements to admission to be issued for distribution; the names and addresses of all persons who are to receive such entitlements for distribution; and the number of such entitlements to be provided to each distributor;

D. Identification of all fencing, the number and location of admission gates, security and other measures proposed to ensure that actual attendance does not exceed the maximum prescribed by the license; and

E. The text of all advertising intended for the purpose of publicizing the festival, which shall be subject to approval only in relation to compliance of the text with those requirements prescribed by EGMC Section 4.35.120. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.235 Application contents – Provisions for services.

A. The application shall include a detailed statement of the applicant’s plans to supply all facilities, services, resources and guarantees required by EGMC Sections 4.35.040 through 4.35.105, together with:

1. The names and addresses of all business entities or other person intended to supply the facilities, services and resources, coupled with an exact description of the facilities, services or resources each business entity or other person is intended to supply;

2. Contracts or other written statements executed by the providers showing the charges to be imposed for the facilities, services or resources to be provided, and the dates and amounts of all deposits or other advance payments required therefor; and

3. Financial statements by the applicant showing the availability of funds with which to make any deposits or advance payments required.

B. The application shall include copies of the written instruments required by EGMC Sections 4.35.030, 4.35.100 and 4.35.105. The bonds required by EGMC Sections 4.35.100 and 4.35.105 shall be filed with the City Manager not later than the date of and as a condition precedent to issuance of the special business license. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.240 Application contents – Maps and diagrams.

The application shall include a map of white background print, drawn to scale, showing:

A. The location of the property on which the proposed outdoor festival and all related activities will be held;

B. The location of all highways, streets, alleys, lots, and parcels of land within seven hundred (700' 0") feet of the exterior boundaries of the proposed use;

C. All access ways to the property;

D. All exterior access ways;

E. The location of all buildings and structures on the premises, or to be erected thereon, including, but without limitation to, all bandstands, stages, tents, other facilities for performers, and bleachers, tents or seats for those attending;

F. The location of all loudspeakers; and

G. The location of all toilets, medical facilities, lighting, emergency communications, drinking facilities, and solid waste receptacles. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.245 Fingerprints and photographs.

An application shall not be deemed completed until each of the following persons associated with an applicant has been fingerprinted and photographed at the Police Department:

A. All general partners, if the applicant is a partnership;

B. All joint venturers, if the applicant is a joint venture; and if one (1) or more of the joint venturers is a partnership or corporation, those partners, directors or stockholders to whom the requirements of this section would apply if the partnership or corporation were the applicant;

C. A sole proprietor, if the applicant is a sole proprietorship;

D. All owners of more than ten (10%) percent of the voting shares of stock, if the applicant is a commercial corporation;

E. All directors, if the applicant is either a commercial or nonprofit corporation;

F. All members of the management committee, if the applicant is a partnership or joint venture;

G. All members of a governing body or other board or committee to which management is entrusted, if the applicant is an unincorporated association; and

H. Each president, general manager, vice president, chief assistant manager, secretary, treasurer or any officer with equivalent or similar authority employed or retained by the firm who is the applicant. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.250 Processing of application.

Upon receipt of a fully completed application, the City Manager shall provide copies thereof to the Chief of Police, Public Works Director, Chief of the Cosumnes Community Services District Fire Department, and Development Services Director. Each of these officials shall determine whether, with regard to their specific areas of responsibility under this chapter, the proposed outdoor festival can be held without violating any of the provisions of this chapter, and shall make such determinations as are otherwise required by the provisions of this chapter.

Each such official shall submit to the City Manager within twenty (20) days following the date of filing of a completed application his or her written findings, determinations and requirements. [Ord. 24-2015 §3 (Exh. A), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.255 Issuance.

Notwithstanding the provisions of EGMC Section 4.10.040, the City Manager shall act upon the application not later than thirty (30) days following the date of filing of the application, and the provisions of EGMC Section 4.10.040(A)(3) shall not constitute grounds for denial of a special business license to conduct an outdoor festival.

The City Manager shall issue the special business license within thirty (30) days after the date on which the application is filed, unless, in addition to the grounds prescribed by EGMC Section 4.10.040, either:

A. The Development Services Director, Chief of Police, Public Works Director, Chief of the Cosumnes Community Services District Fire Department, or City Manager has found in writing that the proposed outdoor festival sites or facilities would not comply with all health, zoning, fire and safety requirements and standards imposed by the laws (including ordinances) applicable to the site where the outdoor festival is to be conducted, including this chapter; or

B. The Development Services Director, Chief of Police, Public Works Director or City Manager finds in writing that any of the facilities, services, resources or guarantees proposed by the applicant as required by this chapter are insufficient to satisfy any discretionary requirement imposed by any of these officials pursuant to authority conferred by this chapter; or

C. The City Manager finds in writing that because of the inadequacy of financial resources of the applicant or for other reasons that there is a significant risk that any of the facilities, services, resources or guarantees required of the applicant by this chapter will not be provided. [Ord. 24-2015 §3 (Exh. A), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.35.260 License requirements.

A. A special business license authorizing an outdoor festival pursuant to the provisions of this chapter shall state on its face, and the City Manager shall be vested with discretionary authority to determine based upon considerations of health, safety and welfare as identified by this chapter, the following:

1. The maximum number of persons authorized to attend the festival on each date the festival will be conducted;

2. The dates and hours during which the festival may be conducted; and

3. Such conditions pertaining to conduct of the festival as may be deemed appropriate.

B. To the extent that the license authorizes a lower maximum number of persons to attend the festival than proposed by the applicant, authorizes the festival on fewer dates or during more restricted hours than proposed by the applicant, or contains conditions to which the applicant objects, such provisions of the license shall be appealable in the same manner and in accordance with the same procedure as if the application had been denied, and the appeal shall be governed by the procedures and standards prescribed by EGMC Sections 4.10.110 and 4.10.115. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

Article III. Outdoor Vendor Permits

4.35.300 Vendor permit.

A. The City shall require that a permit be obtained for any vendor that establishes, or seeks to establish, at either a fixed location or in a mobile fashion, a business or activity selling or providing food, drink, or other merchandise, product or service at any City outdoor festival.

B. The Finance Director or his or her designee is authorized to issue the required vendor permit, subject to the provisions of this article. The permit shall be valid only for the duration of the specific event for which the permit is issued.

C. The permit shall require, as a condition of issuance, that the permittee agree to defend, indemnify and hold the City harmless from any activity arising out of the permittee’s activities. The City may also require, in its discretion, appropriate proof of insurance of the permittee, as determined by the City, as a condition to issuance of the permit. [Ord. 10-2012 §1, eff. 6-22-2012]

4.35.305 Permit fee.

The Finance Director shall establish a fee or fees required to be paid upon filing of an application for permit(s) as provided by this article, which fees shall not exceed the reasonable cost of administering this article. [Ord. 10-2012 §1, eff. 6-22-2012]

4.35.310 Permit denials.

A. Any application for a vendor permit may be denied by the Finance Director, the City staff member acting as supervisor of the particular festival, or their designees for the following reasons:

1. Product or service offered is inappropriate for the event.

2. Product or service offered is unsafe, unsanitary, threatens the cleanliness of event facilities, or threatens the public health, safety and welfare.

3. Product or service offered is already offered by a permitted vendor and issuance of an additional permit would be unnecessarily duplicative.

4. Person or entity offering product or service has demonstrated unsuitable activity in the past.

5. Person or entity offering product or service is currently prohibited from conducting business in the City of Elk Grove.

6. Person or entity offering product or service fails to possess required licenses or permits for the product or retail operation offered.

B. Notwithstanding any other provision of this code, any permit applicant denied a permit may appeal the permit denial by placing the appeal in writing and submitting it to the City Manager within seven (7) days of the denial. The appeal may be decided by the City Manager or his/her designee prior to the event for which the permit is sought. The decision of the City Manager shall be final. The failure to provide a decision on an appeal of a permit before the event for which the permit is sought shall be deemed a denial of the appeal. [Ord. 10-2012 §1, eff. 6-22-2012]