Chapter 5.88 OUTDOOR FESTIVALS

“Outdoor festival” means any music festival, dance festival, “rock” festival or similar musical activity, at which music is provided by paid or amateur performers or by prerecorded means, which is held at any place and to which members of the public are invited or admitted for a charge or free of cost. [Ord. 481 § 1, 1970. Code 1987 § 5.60.010].

5.88.020 License – Required.

No person shall operate, maintain, conduct, advertise, or sell or furnish tickets for an outdoor festival in the City unless he first obtains a license from the City to operate or conduct such festival. [Ord. 481 § 2, 1970. Code 1987 § 5.60.020].

5.88.030 License – Application – Contents.

Application for a license to conduct an outdoor festival shall be made in writing to the Community Development Director at least 60 days prior to the time indicated for the commencement of the planned activity and shall be accompanied by a nonrefundable application fee of $500.00, and shall contain the following information:

A. The name, age, residence and mailing address of the person making said application. If the application is made by a partnership, the names and addresses of the partners must appear. Where the applicant is a corporation, the application must be signed by the president, vice president and secretary thereof and must contain the addresses of the corporate officers; and a certified copy of the articles of incorporation shall be submitted with the application;

B. A statement of the kind, character, or type of festival which the applicant proposes to conduct, operate or carry on;

C. The address or legal description of the place where the proposed festival is to be conducted, operated or carried on. Additionally, the applicant must submit proof of ownership of the place where the festival is to be conducted or a statement signed by the owner of the premises indicating his consent that the site be used for the proposed festival;

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

E. An estimate of the number of customers, spectators, participants and other persons expected to attend the festival for each day it is conducted;

F. The applicant shall provide names and addresses of anyone contributing, investing or having a financial interest greater than $500.00 in producing the festival;

G. At the time of making application, the applicant shall arrange to be fingerprinted by the office of the Lake Elsinore Sheriff’s Department. [Amended 1987; Ord. 481 § 3, 1970. Code 1987 § 5.60.030].

5.88.040 License – Application – Plans to be included.

A detailed explanation of the applicant’s plans to provide security and fire protection, water supply and facilities, food supply and facilities, sanitation facilities, medical facilities and services, vehicle parking space, vehicle access and on-site traffic control, and, if it is proposed or expected that spectators or participants will remain at night or overnight, the arrangements for illuminating the premises and for camping or similar facilities. The applicant’s plans shall include what provisions shall be made for numbers of spectators in excess of the estimate, provisions for cleanup of the premises and removal of rubbish after the event has concluded. A plot plan showing arrangement of the facilities including those for parking, egress, and ingress shall be submitted with said application. [Ord. 481 § 4, 1970. Code 1987 § 5.60.040].

5.88.050 License – Application – Hearing.

Upon receipt of a complete application and the application fee, the City Clerk shall set the application for public hearing at a regular meeting of the City Council, not less than 15 days nor more than 30 days thereafter, and shall give not less than 10 days’ written notice thereof to the applicant. The City Clerk shall promptly give notice of hearing and copies of the application to the Chief of Police, the County Health Officer, the City Manager, the Planning Director, and the Director of Building and Safety, who shall investigate the application and report in writing to the City Council not later than the hearing, with appropriate recommendations related to their official functions, as to granting a license and conditions thereof. [Ord. 481 § 5, 1970. Code 1987 § 5.60.050].

5.88.060 License – Application – Consideration by City Council.

Based upon the testimony of the witnesses and evidence presented at said hearing, including the report of said department heads, the City Council shall grant the license, deny the license, or set conditions which must be met, or security given that they will be met, before a license may be granted. If conditions are imposed by the City Council, the applicant shall furnish, or cause to be furnished, to the Director of Community Services proof that all conditions have been met before the license may be issued. [Ord. 1409 § 9, 2019; amended 1987; Ord. 481 § 6, 1970. Code 1987 § 5.60.060].

5.88.070 License – Issuance – Transferability.

When the Director of Community Services certifies that all conditions have been met and the Director of Finance certifies that the applicant has paid City the amount of $200.00 per day of operation or such other amount as specified by resolution of the City Council, the City shall issue a license specifying the name and address of the licensee, the kind of festival licensed and the number of days’ operation authorized. The licensee shall keep said license posted in a conspicuous place upon the premises at which the festival is conducted. No license issued pursuant to this chapter shall be transferable or removed to another location. [Ord. 1409 § 10, 2019; Ord. 481 § 7, 1970. Code 1987 § 5.60.070].

5.88.080 Licensing conditions.

A. At the hearing required under LEMC 5.88.050, the City Council may establish conditions which must be met prior to the issuance of any license under this chapter, except that the City Council may take a matter under submission before determining which conditions shall be imposed. Where the Council takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license must be mailed to the applicant within 15 days of the original hearing.

B. The conditions which may be imposed by the City Council pursuant to the City’s general police power for the protection of health, safety and property of local residents and persons attending festivals in the City are as set out in LEMC 5.88.090 through 5.88.230. [Ord. 481 § 8, 1970. Code 1987 § 5.60.080].

5.88.090 Police protection.

Every licensee shall employ at his own expense police protection. The number and type of officers shall be determined and specified by the Chief of Police to provide for the preservation of order and protection of property in and around the place of the festival. Funds to employ this specified number of law enforcement officers at the current hourly salary rate for policemen shall be deposited with the City at least 10 days prior to the specified date the activity is to occur. A minimum of one law enforcement officer for every 500 persons expected to be in attendance shall be required. Where the Chief of Police specifies the employment of off-duty officers to meet the requirements of this chapter, said peace officers shall be under the complete direction and control of the Chief of Police. The Chief of Police must be satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to and following the event, before a license is issued. [Ord. 481 § 8(a), 1970. Code 1987 § 5.60.090].

5.88.100 Water facilities.

A. Every licensee shall provide from a water surveyor operating under a permit, as required under Section 4011 of the State Health and Safety Code, an ample supply of potable water for drinking and sanitation purposes on the premises of the festival. Location of water facilities on the premises must be approved by the Health Officer prior to issuance of a license.

B. The minimum supply of water to an outdoor festival is 15 gallons of water for each person in attendance per day. All water shall meet U.S. Public Health Service standards. Public and private flush-type water closets, lavatories and drinking facilities shall be required as determined by the County Health Officer. Sewage and drainage systems relating to such facilities shall meet the requirements of the Health and Safety Code, and be subject to the prior approval of the County Health Officer and County Building Official. [Ord. 481 § 8(b), 1970. Code 1987 § 5.60.100].

5.88.110 Food concessions.

A. Where the proposed festival is to be held a substantial distance from public eating places, food-handling places or like establishments, the applicant shall be required to demonstrate that food will be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance.

B. Concessions must be licensed and operate under valid Health Department permit pursuant to local ordinances and State laws. Every licensee shall provide at least one flush-type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation unless otherwise approved by the Health Officer.

C. Under no circumstances shall the Health Officer allow such flush-type water closets and lavatories to be located more than 50 feet from the food concession or operation. All lavatories required in conjunction with food concessions and food operations shall be dispensed by an approved-type mixing faucet. All sewage, sink waste and wastewater from water closets, lavatories, sinks operated in connection with food concessions or food operations shall be disposed of to a public sewer or a sewage disposal system approved by the County Health Officer and County Building Official. [Ord. 481 § 8(c), 1970. Code 1987 § 5.60.110].

5.88.120 Sanitation facilities.

A. Every licensee shall provide at least one enclosed flush-type water closet facility marked “men” and one such facility marked “women” on the premises of a festival on the basis of one flush-type water closet for each 40 males and one for each 40 females expected to be in attendance. Urinals may be substituted for the required flush-type water closets for men on the ratio of one urinal and one flush-type water closet per 60 males.

B. Lavatories provided with cold water under pressure, soap and paper towels shall be provided on the basis of one lavatory for each 75 persons expected to be in attendance.

C. Where flush-type water closets cannot be made available for the persons in attendance, the City Council may allow the use of portable chemical toilets. Such chemical toilets must meet the approval of the County Health Officer before any license may be issued. Chemical toilets shall be emptied and recharged at the licensee’s expense as necessary pursuant to procedures established by the County Health Officer. The requirement for flush-type water closets for food concessions, food operations and for the use of employees may not be waived. Every licensee shall be required to furnish at least one trash can with 36-gallon capacity with a tight-fitting lid for each 25 persons expected to be in attendance, an adequate supply of plastic bag liners to fit the trash receptacles shall be provided and each container shall at all times have a plastic bag liner inserted and when full it shall be tied, removed and a new plastic bag liner inserted. The pickup and removal of refuse, trash, garbage and rubbish shall be at least once a day and more often if required by the Health Officer.

D. A signed contract with a licensed refuse collector shall be submitted to the County Health Officer and a copy of same filed with the Health Officer. Removal of all trash and refuse shall be at the licensee’s expense. [Ord. 481 § 8(d), 1970. Code 1987 § 5.60.120].

5.88.130 Medical facilities.

A. Where a proposed festival is expected to attract a large number of persons for a site located a substantial distance from adequate existing treatment facilities, the applicant shall be required to provide emergency medical treatment facilities on the premises of the festival.

B. Where the proposed festival is located close to adequate existing facilities, the applicant shall provide, as required by the Health Officer, emergency treatment facilities on the premises of the festival.

C. The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff said facilities and the quality of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the County Health Officer prior to the issuance of any license under this chapter.

D. The County Health Officer shall calculate the need for medical services based on the number of persons expected to attend a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients, or staff to appropriate on-site and off-site treatment facilities. [Ord. 481 § 8(e), 1970. Code 1987 § 5.60.130].

5.88.140 Parking areas.

A. Every licensee shall provide adequate parking space for persons attending the festival by motor vehicle.

B. Persons desiring to operate or conduct a festival may be called upon to provide a separate parking space for every two persons expected to attend the festival by motor vehicle. Such individual parking spaces shall be clearly marked and shall not be less than 12 feet wide and 20 feet long. The Directors of Building and Safety and Planning must approve an applicant’s parking plan before a license shall be issued. [Ord. 481 § 8(f), 1970. Code 1987 § 5.60.140].

5.88.150 Access and parking control.

Every licensee shall provide adequate ingress and egress to festival premises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to ensure orderly flow of traffic into the premises from a highway or road which is a part of the County system of highways or which is a highway maintained by the State. A special access way for fire equipment, ambulances and other emergency vehicles may be required. The Sheriff’s Department must approve the licensee’s plan for ingress and egress before a license shall be be issued.

Additionally, any applicant may be required to show that traffic guards are under his employ to ensure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area. [Amended 1987; Ord. 481 § 8(g), 1970. Code 1987 § 5.60.150].

5.88.160 Hours of operation.

All festivals which are subject to license under this chapter shall close and cease operation continuously between the hours of 12:00 midnight and 6:00 a.m. of each and every day. [Ord. 481 § 8(h), 1970. Code 1987 § 5.60.160].

5.88.170 Illumination.

Every licensee planning to conduct a festival after dark, or planning to allow persons who attend the festival to remain on the premises after dark, shall provide electrical illumination to ensure that those areas which are occupied are lighted at all times. The Director of Building and Safety must approve the applicant’s lighting plan as a prerequisite to issuance of a license hereunder. A licensee may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:

Illumination	Watts/ Square Feet
Open areas reserved for spectators	0.05
Stage areas	5.00
Parking and overnight areas	0.25
Restroom and concession areas	1.00

[Ord. 481 § 8(i), 1970. Code 1987 § 5.60.170].

5.88.180 Overnight camping facilities.

Every licensee authorized to allow persons who attend the festival to remain on the premises overnight shall provide camping facilities and overnight areas that meet the requirements of the California Administrative Code, Title 25, for mobilehome parks, special occupancy trailer parks and campgrounds including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps. Such areas and facilities shall be approved by the County Health Officer and County Building Official prior to the issuance of any license. [Ord. 481 § 8(j), 1970. Code 1987 § 5.60.180].

5.88.190 Bonds.

Any licensee may be called upon to post an indemnity bond and/or a performance bond in favor of the City in connection with the operation of a festival. Bonds required by this chapter must be approved by the City Attorney prior to the issuance of a license. An applicant may be required to submit a surety bond written by a corporate bonding company authorized to do business in the State by the Department of Insurance, in a penal amount determined by the City Council. Said bond shall indemnify the City, its agents, officers, servants and employees and the City Council against any and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with, said festival, and shall indemnify against loss, injury and damage to both person and property.

Additionally, the City may demand that applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the State, indemnifying the City and the owners of property adjoining the festival site for any costs necessitated for cleaning up and/or removing debris, trash, or other waste from, in and around the premises. Said bond shall be in an amount determined by the City Council. [Ord. 481 § 8(k), 1970. Code 1987 § 5.60.190].

5.88.200 Fire protection.

Every licensee shall provide, at his own expense, adequate fire protection as determined by the fire protection agency or agencies having jurisdiction where the event is to be conducted. If the event is located in a hazardous fire area as defined by the Riverside County fire code, a suitable number of fire guards shall be employed by the licensee, who shall be approved by the chief of the responsible fire protection agency or agencies. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the Fire Chief. First-aid fire extinguishment equipment shall be provided as directed by the Fire Chief. [Ord. 481 § 8(l), 1970. Code 1987 § 5.60.200].

5.88.210 Financial statement.

Each licensee shall be required to provide a financial statement to give assurance of the ability of the promoters and/or applicants to meet the conditions of the permit. [Ord. 481 § 8(m), 1970. Code 1987 § 5.60.210].

5.88.220 Communication system.

Licensee shall be required to establish a communication system for public use where ordinary communications are not available. [Ord. 481 § 8(n), 1970. Code 1987 § 5.60.220].

5.88.230 Other requirements.

Any applicant may be required to meet any other condition, prior to receiving a license to conduct a festival, which is reasonably calculated as necessary to protect the health, welfare and property of local residents and persons attending a festival. [Ord. 481 § 8(o), 1970. Code 1987 § 5.60.230].

5.88.240 License – Denial.

After holding the required hearing, the City Council may deny issuance of a license if it finds any of the following:

A. That the applicant fails to meet the conditions imposed pursuant to this chapter;

B. That the proposed festival will be conducted in a manner and/or location not meeting the health, zoning, fire or building and safety standards established by the ordinances of the City or the laws of the State;

C. That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license, or in any other document required pursuant to this chapter;

D. That the applicant, his employee, agent, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate, or manager has previously conducted the type of festival being applied for which resulted in the creation of a public or private nuisance;

E. That the applicant, his employee, agent or any person associated with applicant as partner, director, officer, stockholder, associate, or manager has been convicted in a court of competent jurisdiction by final judgment of:

1. An offense involving the presentation, exhibition, or performance of an obscene production, motion picture or place, or of selling obscene matter; or

2. An offense involving lewd conduct; or

3. An offense involving the use of force and violence upon the person of another; or

4. An offense involving misconduct with children; or

5. A felony offense.

Where the application is denied, the City Clerk shall mail to the applicant written notice of denial within 14 days of said action, which notice shall include a statement of the reasons the application was denied. [Ord. 481 § 9, 1970. Code 1987 § 5.60.240].

5.88.250 Complaints.

Any person may file a complaint with the City Clerk or may petition the City Council to conduct a hearing concerning the revocation of the license of any licensee. The City Clerk shall notice the petition for hearing in accordance with the provisions of LEMC 5.88.050. [Ord. 481 § 10, 1970. Code 1987 § 5.60.250].

5.88.260 License – Revocation – Conditions.

The City Council shall have the power to revoke any license, or to revoke and reinstate any license upon suitable conditions, when the following causes exist:

A. The licensee fails, neglects or refuses to pay the Tax Collector the fee prescribed by this chapter;

B. The licensee, his employee or agent, fails, neglects or refuses to fulfill any or all of the conditions imposed pursuant to this chapter;

C. The licensee allows the festival to be conducted in a manner which violates any law or regulation established by the ordinances of the City or the laws of the State;

D. The licensee allows the festival to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the festival while under the influence of intoxicating liquor, or any narcotic or dangerous drug;

E. The licensee, his employee or agent, is convicted of any of the offenses enumerated under LEMC 5.88.240. [Ord. 481 § 11, 1970. Code 1987 § 5.60.260].

5.88.270 License – Revocation – Hearing.

Notice of intent to revoke any license shall be given and the licensee shall be entitled to a hearing. The City Clerk shall give notice, setting forth the causes for revocation and shall state the time and place at which the matter of revocation will be heard before the City Council. Said notice shall be mailed not later than 10 days prior to the date set for hearing. The City Council shall hear all interested parties and may revoke a license only for one or more causes enumerated in LEMC 5.88.260. [Ord. 481 § 12, 1970. Code 1987 § 5.60.270].

5.88.280 Violations – City remedies.

It is unlawful for any licensee, employee, agent or persons associated with said license to do any of the following:

A. Conduct or operate a festival without first procuring a license to do so;

B. Sell tickets to a festival without a license first having been obtained;

C. Operate, conduct or carry on any festival in such a manner as to create a public or private nuisance;

D. Exhibit, show or conduct within said place of festival any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated;

E. Allow any person on the premises of the licensed festival to cause or create a disturbance in, around or near any place of festival, by offensive or disorderly conduct;

F. Knowingly allow any person to consume, sell, or be in possession of intoxicating liquor while in a place of a festival except where such consumption or possession is expressly authorized under the terms of this chapter and under the laws of the State;

G. Knowingly allow any person at the licensed festival to use, sell, or be in possession of any narcotic or dangerous drug while in, around, or near a place of the festival.

Any of the above enumerated violations constitutes a criminal act and is punishable pursuant to ordinances of the City and the laws of the State. It is provided, however, that the City retains any and all civil remedies, including the right of civil injunction for the prevention of said violations and for the recovery of money damages therefor. [Ord. 481 § 13, 1970. Code 1987 § 5.60.280].