6-23. OUTDOOR FESTIVALS

CHAPTER 23. OUTDOOR FESTIVALS

ARTICLE 1. GENERAL PROVISIONS

6-23-1000 APPLICATION OF GENERAL PROVISIONS:

Unless the provisions of this Chapter provide otherwise, all the provisions of Chapter 1 of this Part which pertain to the licensing and regulation of businesses are applicable to the license referred to in this Chapter.

(Added by Ord. No. 3490, effective 2-25-16)

6-23-1005 LICENSE REQUIRED:

It shall be unlawful for any person to conduct or operate an outdoor festival within the County without having a license to engage in such business issued in accordance with the provisions of this Chapter.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16. Formerly 6-23-1000)

6-23-1010 DEFINITIONS:

The following words and phrases, as used in this Chapter, shall have the following meanings:

(a) "Applicant" means the individual, partnership, association, or corporation that will operate and conduct an outdoor festival.

(b) "Association" means every club, syndicate, joint venture, and every other group of individuals who are united together for some common purpose but are not organized as a partnership or a corporation.

(c) "Licensee" means the individual, partnership, association, or corporation that operates and conducts an outdoor festival for which a license has been issued pursuant to the provisions of this Chapter.

(d) "Outdoor festival" means any music festival, dance festival, rock festival, or similar musical activity, at which music is provided by performers, regardless of whether or not they are paid for their performances, or by prerecorded means, which is held at any place other than within a permanent building, or within a permanent installation which has been constructed for the purpose of conducting such activities or similar activities, to which members of the public are invited or admitted for a charge or free of cost, and which is attended by more than five hundred (500) persons.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 2. APPLICATION; FEE

6-23-2000 APPLICATION: TIME OF FILING:

An application for a license to conduct an outdoor festival shall be filed not less than sixty (60) days prior to the beginning of such outdoor festival.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-2010 APPLICATION FEE:

At the time of the filing an application, an application fee in the amount set from time to time by resolution of the Board of Supervisors shall be paid to the license collector for the purpose of defraying the expenses of investigation of the applicant, the property on which the outdoor festival will be conducted and the proposals submitted by the applicant. No part of said application fee shall be refunded.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-23-2020 APPLICATION FOR LICENSE:

The application for a license shall be filed with the license collector and shall contain all of the information required by Chapter 1 of this Part, with the addition of the following:

(a) The name of the owner, the legal description, and the number of acres contained in the property on which the outdoor festival is to be conducted.

(b) The name of the owner, the legal description, and the number of acres contained in all property to be used for parking or other uses incidental to the outdoor festival.

(d) An estimate of the minimum and maximum number of persons expected to attend the outdoor festival for each day that it will be conducted, together with detailed information supporting such estimate.

(e) Detailed plans and programs for supplying security protection, fire protection, communication facilities, medical and first aid facilities and services, water supply and facilities, sanitary facilities, solid waste disposal, food supply and facilities, parking facilities, access ways, traffic control, control of dust, illumination and overnight camping facilities. Such plans and programs shall cover in detail each and every item mentioned in Article 4 of this Chapter.

(f) A description of all loudspeakers and sound equipment to be used and the intensity of the sound, in decibels, at the boundaries of the property.

(g) The name, address, date and place of birth, and appropriate identifying information of each person who will act as a security guard during the outdoor festival, or the name and address of the private patrol operator who is licensed pursuant to Business and Professions Code section 7582 et seq. and who will supply such security guards.

(h) Complete details on the provisions for cleanup of the premises and removal of rubbish after the event has concluded, and the specific place or places where all rubbish will be disposed of.

(i) Complete details on the procedures and equipment which the applicant will use to determine the number of persons in attendance at all times and the means of preventing attendance, at any time, in excess of the number allowed by the license.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-23-2030 SAME: ACCOMPANYING MAP:

At the time of filing an application for a license for an outdoor festival, the applicant shall also file with the license collector ten (10) copies of a map or plan on sheets twenty-four (24) by thirty-six (36) inches in size. The map or plan shall be drawn to a scale of not less than one (1) inch equals two hundred (200) feet, and shall show all of the following information:

(a) The boundaries of the property on which the outdoor festival is to be conducted.

(b) The location of all highways, streets and alleys located within seven hundred (700) feet of the exterior boundaries of the property on which the outdoor festival is to be conducted.

(c) The location of all fire hydrants, wells or ponds located on the property on which the outdoor festival is to be conducted or within seven hundred (700) feet of the exterior boundaries of the property.

(d) The boundary lines of all lots and parcels of land located within seven hundred (700) feet of the exterior boundaries of the property on which the festival is to be conducted, and references adequate to identify the owner of each parcel on the list furnished pursuant to subdivision (a) of section 6-23-2040 of this Article.

(e) The location of the parking area and all other areas to be used for purposes incidental to the outdoor festival.

(f) All access ways within the property to be used for the outdoor festival and within all property to be used for parking or other purposes incidental to the outdoor festival.

(g) The exterior means of access to the property to be used for the outdoor festival.

(h) The location and existing use of all buildings and structures existing within the area covered by the map and the location of all buildings and structures to be erected for the outdoor festival, including, but not limited to, the bandstand, stage, or other facilities for performers.

(i) The location of all loudspeakers.

(j) The location of all of the facilities listed in Article 4 of this Chapter.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-2040 SAME: ACCOMPANYING DOCUMENTS:

At the time of filing an application for a license for an outdoor festival, the applicant shall also file the following documents:

(a) A list of the names and addresses of all persons owning property which is located within seven hundred (700) feet of the exterior boundaries of the property on which the outdoor festival is to be conducted, as shown on the current assessment roll of the County.

(b) Verification of the ownership of the property to be used in connection with the outdoor festival and a contract signed by the owner of the property permitting such use of the property and authorizing the filing of the application.

(c) The names and addresses of the doctors, nurses, and first aid attendants who will be providing medical care at the outdoor festival, and the name and address of the owner of each ambulance which will be stationed there, and a description of each ambulance sufficient to identify it.

(d) A consent, in a form approved by the County Counsel, signed by the property owner and applicant, to the entry on the premises at any time of any peace officer, and any County officer or employee, in the performance of their official duties.

(e) A document, in a form approved by the County Counsel, signed by the applicant agreeing that the applicant will cause the property to be cleaned up, and all rubbish removed therefrom, within seventy-two (72) hours after the conclusion of the outdoor festival.

(f) A contract, in a form approved by the County Counsel, signed by the applicant and by the owners of all property to be used in connection with the outdoor festival, stating that they will reimburse the owners and occupants of all adjoining property for all damage of any kind to such owners or occupants, or to their property, caused by the persons who have signed the contract or by any person attending the outdoor festival, which damage would not have occurred had the outdoor festival not been held.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-2050 INVESTIGATION OF APPLICANT AND PREMISES:

Within two (2) days after the application is filed, the license collector shall send copies of the application and all accompanying documents to the Director of the Resource Management Agency, District Attorney, Fire Chief, Health Officer, Road Commissioner, Risk Manager, and Sheriff. Said officers shall investigate and file reports with the license collector. Said reports shall cover, but are not to be limited to, compliance with applicable laws, ordinances and regulations. In addition to other matters, the Sheriff and District Attorney shall report on the moral character and integrity of the applicant and whether the outdoor festival is likely to generate additional demands on law enforcement. In addition to the matters specified above, the appropriate officers shall also report their recommendations with regard to the conditions to be imposed on the license pursuant to Article 4 of this Chapter.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

ARTICLE 3. GRANTING OF LICENSE

6-23-3000 PROCEDURES FOR GRANT OR DENIAL OF LICENSE:

The license collector shall grant or deny the license in accordance with the requirements of Chapter 1 of this Part as well as this Chapter 23. The applicant may appeal the denial of a license as provided in Chapter 1 of this Part.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-3010 MAXIMUM ATTENDANCE:

If the license is granted, the license collector shall determine the maximum number of persons who shall be allowed to attend the outdoor festival. In determining this maximum number, the license collector may be guided by, but is not bound by, the estimate stated in the application for the license. Factors such as the size, location and terrain of the property on which the outdoor festival is to be conducted, the level of services proposed by the applicant, and any other factor affecting the public health, safety and general welfare shall constitute grounds for establishing a maximum attendance less than that estimated by the applicant.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-3020 GRANTING LICENSE:

The license collector shall not grant a license for an outdoor festival unless he or she finds:

(a) That the outdoor festival will be held at a location which complies with all of the health, zoning, fire and safety requirements and standards of all applicable State laws and County ordinances.

(b) That all information required by this Chapter is in the application and that all documents required by this Chapter have been filed.

(c) That the proposed outdoor festival will not in any way jeopardize, adversely affect, endanger, or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use. The Board may find that a location is unsuitable even if in a proper zone.

(d) The applicant, his or her employees, agents, or any persons connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager, have not been convicted within the last five (5) years in any court of competent jurisdiction of any of the following:

(1) Any crime requiring registration under Penal Code section 290.

(2) Any violation of Chapter 7.5 (beginning with section 311) of Title 9 of Part 1 of the Penal Code.

(3) Any violation of Chapter 7.6 (beginning with section 313) of Title 9 of Part 1 of the Penal Code.

(4) Any violation of Penal Code, section 647, subdivision (a), (b), or (d).

(5) Any violation of Penal Code section 315, 316 or 318.

(6) Any offense involving the use of force or violence upon the person of another.

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

(8) Any felony described in Division 10 of the Health and Safety Code, commencing with section 11000.

(e) The applicant, his or her employees, agents, or any persons connected or associated with the applicant as a partner, director, officer, stockholder, associate, or manager have not allowed or permitted any illegal possession, use, sale or delivery of narcotics or any acts of sexual misconduct in prior business operations.

(f) The applicant, his or her employees, agents, or any persons connected or associated with the applicant as a partner, director, officer, stockholder, associate, or manager have not knowingly made any false, misleading, or fraudulent statement of material fact in the application and accompanying documents.

(g) The applicant has not had a similar type of license previously revoked for good cause by any State, county or other political subdivision, within one (1) year prior to the application or, if the applicant has, he or she also has shown material changes in circumstances since such revocation.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

ARTICLE 4. CONDITIONS OF LICENSE

6-23-4000 IMPOSING CONDITIONS:

When granting a license, the license collector shall ordinarily impose the conditions specified in this Article and such additional conditions as the license collector determines to be necessary to protect the public health, safety and general welfare. However, if the license collector determines in any case that the public health, safety and general welfare will not be endangered by setting a lesser standard, the license collector shall have the power to set such lower standard.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4010 SECURITY:

The applicant shall deposit security with the County to guarantee the cleaning up of the property and the reimbursement to adjoining owners, in accordance with the contracts required under subdivisions (e) and (f) of section 6-23-2040 of this Chapter. Such security shall be in the form of cash or negotiable bonds of the kind approved for securing deposits of public money, which shall be deposited with the license collector and remain on deposit until the licensee has fulfilled his or her obligations. In lieu of a deposit of cash or bonds, the applicant may furnish a performance bond executed by a corporate surety authorized to do business in the State of California. Said performance bond shall inure to the benefit of the County, its officers, employees and agents, the owners of all property used in connection with the outdoor festival, and all owners and occupants of property adjoining the property used for the outdoor festival. Said cash deposit, negotiable bonds or performance bond shall be in the amount of Ten Dollars ($10.00) for each person permitted to attend the outdoor festival under the license or in the sum of Fifty Thousand Dollars ($50,000), whichever is less.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4020 INSURANCE:

The applicant shall file with the license collector a policy of public liability and property damage insurance, issued by a company duly and legally licensed to transact business in the State of California, covering personal injuries, including wrongful death, and claims for property damage that arise from the operation of the outdoor festival. Said insurance policy shall be issued at the expense of the applicant and maintained by the licensee during the entire period that the outdoor festival is in operation and shall contain a provision that the policy will not be canceled without ten (10) days’ prior written notice by the insurance company to the license collector. Said insurance policy shall be in a form approved by the County Risk Manager. Said insurance policy shall name the County and its officers, employees and agents as additional insureds. The minimum limits on said insurance shall be established by the Board of Supervisors at the time of granting the license.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4030 SECURITY GUARDS:

The licensee shall furnish one (1) security guard, either approved by the Sheriff or supplied by the private patrol operator whose name and address is stated in the application, and who is licensed pursuant to Business and Professions Code section 7582 et seq., for each two hundred (200) persons which the license permits to attend an outdoor festival. Such security guards shall wear uniforms at all times and shall be constantly in attendance during the entire period commencing one (1) hour before the start of the outdoor festival and ending one (1) hour after the final termination of the outdoor festival. Such security guards shall devote their entire time and attention to keeping order and enforcing all applicable state laws, County ordinances and the requirements of the license, as authorized by the Business and Professions Code.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-23-4040 FIRE PROTECTION:

The licensee shall provide such fire protection and fire safety measures as the Fire Chief determines to be necessary to protect those attending the outdoor festival, their properties and the properties of the adjacent owners.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4050 COMMUNICATIONS:

The licensee shall install and maintain, at all times while the outdoor festival is in progress, an emergency communications system which both the Sheriff and Fire Chief determine to be adequate for fire and police protection.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4060 MEDICAL FACILITIES:

The applicant shall provide emergency medical and first aid treatment facilities, and adequate facilities for evacuating sick and injured persons. The location of such facilities, the number of doctors, nurses and other aides needed to staff said facilities and the quantity and nature of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the Health Officer.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4070 WATER FACILITIES:

The licensee shall provide an ample supply of water for drinking and sanitation purposes on the property on which the outdoor festival is conducted. One (1) drinking fountain shall be supplied for each five hundred (500) persons which the license permits to attend the outdoor festival. The quantity and quality of water and the location of facilities shall be approved by the Health Officer.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4080 SANITARY FACILITIES:

The licensee shall provide at least one (1) water closet and one (1) urinal for every two hundred (200) males and one (1) water closet for every one hundred (100) females which the license permits to attend the outdoor festival. If a single compartment contains a water closet and a urinal, this shall be counted as one (1) water closet or as one (1) urinal, but not as both. In areas where it is not practical to provide flush type toilets, portable chemical toilets may be used. Chemical toilets shall be emptied by the licensee as necessary and pursuant to procedures approved by the Health Officer. The licensee shall provide one (1) lavatory for each two (2) water closets and urinals required. If both sexes are to be admitted to the outdoor festival, it shall be assumed that an equal number of each sex will attend, for the purpose of furnishing facilities required by this section.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4090 SOLID WASTE DISPOSAL:

The licensee shall dispose of all solid waste material by conveyance to a site designated by the Health Officer, and the area where the outdoor festival and parking occurred shall be returned to a litter-free condition within seventy-two (72) hours after the outdoor festival is concluded, all to the satisfaction of the Health Officer. The licensee shall furnish at least one (1) trash can with thirty-two (32) gallons capacity for every twenty-five (25) persons which the license permits to attend the outdoor festival.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4100 FOOD CONCESSIONS:

The licensee shall arrange for providing food at the site for each day of operation to adequately feed the number of persons which the license permits to attend the outdoor festival. The quality and quantity of food and location of concessions shall be approved by the Health Officer.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4110 PARKING FACILITIES: ATTENDANTS:

The licensee shall provide adequate parking areas for persons traveling to the outdoor festival by motor vehicle. One (1) parking space not less than eight (8) feet in width and having a net usable area, exclusive of drives, of at least one hundred forty (140) square feet shall be provided for every two (2) persons which the license permits to attend the outdoor festival. Such parking spaces shall be graded, marked, and separated by a physical barrier from the area where the patrons will watch the performance. The Director of the Resource Management Agency shall review the parking plan and determine whether it will be adequate for the purpose. At all times, commencing one (1) hour before the start of the outdoor festival and ending one (1) hour after the termination of the outdoor festival, the licensee shall provide parking attendants at each entrance and exit to the parking lot and within the parking lot.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-23-4120 ACCESS WAYS: TRAFFIC GUARDS:

The licensee shall provide all exterior and interior access ways which the Director of the Resource Management Agency determines to be necessary for the use of persons attending the festival. Such access shall be provided from a road maintained by the County or the State to the property used for the outdoor festival. All exterior and interior access ways shall be clearly delineated by means of curbs or buffers on the ground. The licensee shall not permit any person to occupy any such access way except for the purpose of access or to cross the same. A sufficient number of traffic guards shall be provided to ensure orderly traffic movement, eliminate traffic congestion, and ensure adequate control of all traffic on the premises at all times.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-23-4130 PUBLIC STREETS AND ALLEYS:

If the Director of the Resource Management Agency determines that roadside parking, ingress and egress to parking areas, or vehicle and pedestrian traffic incident to the outdoor festival require that signs, lights, barricades, fences, or other devices are needed within public road rights-of-way to prevent accidents or damage to the public, such devices shall be furnished, erected, maintained and removed by the licensee. The licensee shall also furnish such flaggers and guards as necessary to safely direct traffic or give adequate warning to traffic of any dangerous condition to be encountered.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-23-4140 CONTROL OF DUST:

The licensee shall use methods of dust control approved by the Health Officer as being adequate to prevent any danger to the public health and safety.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4150 CONTROL OF SOUND:

The licensee shall follow methods approved by the Director of the Resource Management Agency in order to prevent the music and other sounds generated by the outdoor festival from being injurious or offensive to inhabitants of the area. There shall be a minimum distance of one thousand three hundred twenty (1,320) feet between the source of such sound and the nearest place of human habitation.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-23-4160 ILLUMINATION:

A licensee who intends to conduct an outdoor festival after dark, or to allow persons to remain on the premises after dark, shall provide electrical illumination to ensure that those areas which are occupied will be lighted at all times. The Director of the Resource Management Agency shall determine whether the applicant’s lighting plan will be adequate for the purpose. The licensee shall illuminate the various areas in accordance with the following scale of lighting intensity:

Open areas reserved for spectators	5 to 10 foot-candles
Stage areas	75 to 100 foot-candles
Parking and overnight areas	1 to 5 foot-candles
Restroom and concession areas	20 to 50 foot-candles

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-23-4170 ANIMALS:

All animals brought to an outdoor festival shall be kept on a leash or otherwise confined at all times by the person having control, custody or possession of the animal.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-23-4180 OVERNIGHT CAMPING FACILITIES:

A licensee who allows persons to remain on the premises overnight shall provide camping facilities and overnight areas. Such proposed areas and facilities shall be reviewed and approved by the Health Officer.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-4190 HOURS OF OPERATION:

A licensee shall not operate or conduct, or allow to be operated or conducted, an outdoor festival between the hours of 2:00 a.m. and 6:00 a.m. of any day.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 5. ISSUANCE AND DISPLAY OF LICENSE

6-23-5000 DIRECTIONS TO LICENSE COLLECTOR:

(Added by Ord. No. 3390, effective 8-20-09)

Repealed by Ord. No. 3490.

6-23-5010 LICENSE FEES:

Prior to issuance of the license, the applicant shall pay to the license collector a license fee for each day that the outdoor festival is to be conducted. The amount of the fee shall be set from time to time by resolution of the Board of Supervisors.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-23-5020 NO ANNUAL LICENSES:

Licenses shall not be issued on an annual basis but shall be issued only for a single period of continuous operation.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-5030 FORM OF LICENSE:

The license shall be issued by the license collector and shall contain the following information, in addition to or, as applicable, in lieu of, the information required by Chapter 1 of this Part:

(a) A description of the property to be used.

(b) The dates and hours during which the outdoor festival may be conducted.

(d) Any conditions imposed on the license. This information may be either included on the face of the license or referred to on the license and attached to it.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-5040 DISPLAY OF LICENSE:

The license shall be displayed as required in Chapter 1 of this Part.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-5050 LICENSE NONTRANSFERABLE:

Each license issued pursuant to this Chapter is personal to the licensee. It shall be unlawful for a licensee to transfer or attempt to transfer such license, or any interest therein, to any other person.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 6. REVOCATION OF LICENSE

6-23-6000 GROUNDS FOR REVOCATION:

It shall be grounds for revocation of the license if the licensee, his or her agent or employee, or any person connected or associated with the licensee as a partner, director, officer, stockholder, general manager, or a person who is exercising managerial authority on behalf of the licensee, performs any of the following acts:

(a) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with any governmental agency.

(b) Violated any provision of this Chapter or any other County ordinance, or any State law pertaining to the outdoor festival.

(c) Committed any crime or act which would have required that the license be denied under section 6-23-3020 of this Chapter.

(d) Performed acts showing bad moral character, intemperate habits, or a bad reputation for truth, honesty or integrity.

(e) Committed any unlawful, false, fraudulent or dangerous act while conducting the outdoor festival.

(f) Published, uttered or disseminated any false, deceptive or misleading statement or advertisement in connection with the operation of the outdoor festival.

(g) Violated any rule or regulation adopted by any governmental agency relating to the outdoor festival.

(h) Willfully failed to comply with the terms of any contract made as a part of the exercise of the licensed business.

(i) Conducted the outdoor festival in a manner contrary to the peace, health, safety and general welfare of the public.

(j) Violated any condition or requirement applicable to the license, or made a statement or performed an act that can reasonably be construed as showing an intention not to comply with any such condition or requirement.

(k) Demonstrated that he or she is unfit to be trusted with the privileges granted by such a license.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-6010 PROCEDURE FOR REVOCATION:

If the license collector determines at any time that grounds may exist for the revocation of a license, he or she shall proceed as provided in Chapter 1 of this Part. Appeal and judicial review may be had as provided in that Chapter.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 7. PROHIBITED ACTS

6-23-7000 PROHIBITED ACTS: LICENSEES:

It shall be unlawful for a licensee, or any officer, employee, or agent of the licensee, to perform any of the following acts:

(a) Conduct an outdoor festival without complying with all of the applicable requirements of this Chapter and all of the conditions under which the license was issued.

(b) Operate, conduct, or carry on an outdoor festival in such a manner as to create a public or private nuisance.

(c) Allow a person to enter or remain on any part of the property on which an outdoor festival is conducted while in possession of, consuming, using, or under the influence of, any alcoholic beverage or any narcotic or dangerous drug or marijuana.

(d) Allow a person to enter or remain on any part of the property on which an outdoor festival is conducted who is causing or creating a disturbance by offensive or disorderly conduct.

(e) Allow a person to be admitted to an outdoor festival without having a ticket in his possession, except for peace officers and other public officers and employees engaged in the performance of their official duties.

(f) Admit a person to an outdoor festival if such admission will result in a greater number of persons present than permitted by the license.

(g) Exhibit, show or conduct any obscene, indecent or lewd exhibition, no matter by what name designated, at an outdoor festival.

(Added by Ord. No. 3390, effective 8-20-09)

6-23-7010 PROHIBITED ACTS: GENERALLY:

It shall be unlawful for any person, including, but not limited to, a licensee or any officer, employee, or agent of the licensee, to perform any of the following acts:

(a) Sell tickets, or offer to sell tickets, for admission to an outdoor festival unless a valid, unrevoked license to conduct an outdoor festival has been issued.

(b) Print or cause to be printed more tickets for admission to an outdoor festival than the maximum number of persons allowed to attend as specified in the license.

(c) Advertise, or otherwise publicly announce by any means, that an outdoor festival will be held in the County unless a valid, unrevoked license to conduct the outdoor festival has been issued.

(d) Provide entertainment at an outdoor festival, whether or not compensation is paid for the performance of said entertainment, with the knowledge that a license has not been obtained or with knowledge that the license has been revoked.

(e) Participate in any exhibit, show, act, entertainment or conduct at, or as part of, any outdoor festival, which is obscene, indecent or lewd, no matter by what name designated.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-23-7020 RECIPROCAL REGULATIONS:

It shall be unlawful to 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.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 8. VIOLATIONS

6-23-8000 VIOLATIONS:

(a) Any person violating any of the provisions of sections 6-23-1000, 6-23-5050, 6-23-7000, 6-23-7010, or 6-23-7020 of this Chapter shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.

(b) Any person violating section 6-23-5040 of this Chapter shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code.

(Added by Ord. No. 3390, effective 8-20-09)