Chapter 5-13
FESTIVALS
Sections:
5-13-02 Licenses required to conduct: Property owner's liability.
5-13-03 Licenses: Applications: Fees: Form.
5-13-04 Licenses: Applications: Filing.
5-13-05 Licenses: Applications: Investigations.
5-13-06 Licenses: Conditioned Approval.
5-13-07 Licenses: Conditioned approval: Proof of compliance.
5-13-08 Security documents: Form.
5-13-10 Security for extra police protection.
5-13-12 Revocation of licenses.
5-13-14 Licenses nontransferable.
5-13-16 Extraordinary costs reimbursable.
5-13-01 Festival defined.
For the purposes of this chapter, "festival" shall mean any music festival, dance festival, "rock" festival, or similar musical and/or theatrical activity, at which music or theatrical performances are provided by paid or unpaid performers or by prerecorded means, which festival is held occasionally or intermittently, and to which members of the public are invited or admitted with or without the payment of admission charges, and to which attendance of more than 500 persons is anticipated. "Festival" shall not include any activity sponsored for political purposes, or by the City or an agency or commission of the City, or by any recognized bona fide civic, educational, charitable, or nonprofit organization.
5-13-02 Licenses required to conduct: Property owner's liability.
(a) Licenses required. It shall be unlawful for any person to operate, maintain, conduct, advertise, sell, or furnish tickets or other types of written authority for admission to a festival in the City unless such person shall first obtain a license from the City to operate or conduct such festival.
(b) Property owner's liability. It shall be unlawful for the owner or possessor of any real property to knowingly permit the opening, conducting, carrying on, holding, or otherwise operating, or allowing any other person to operate, a festival upon such real property without the operator first obtaining a license therefor as provided in this chapter.
5-13-03 Licenses: Applications: Fees: Form.
Applications for licenses to conduct festivals shall be made in writing to the Finance Department, accompanied by an application fee established by resolution of the City Council, and shall contain the following information:
(a) Information concerning the applicant: the name, age, residence, mailing address, and telephone number of the applicant. If the application is made by a partnership, the names and addresses of all general partners shall be included. If the applicant is a corporation, the application shall be signed by the president, and attested to by the secretary thereof, and shall contain the names and addresses of all corporate officers, and a certified copy of the articles of incorporation shall be attached to the application. The address and telephone number of the principal place of business of the applicant shall also be included in the application;
(b) Premises information: the location and legal description of the premises where the festival is proposed to be conducted, including all lands to he used for parking or other uses incidental to the activity. The applicant shall submit proof of ownership of such premises and the written consent of all owners thereof for the proposed use;
(c) Dates and hours of operation: the date or dates and the hours during which the festival is to be conducted;
(d) Number of persons: an estimate of the maximum number of spectators, participants, and other persons expected to attend the festival for each day it is conducted;
(e) Plans for security, lighting, and other facilities: a detailed explanation of the applicant's program and plans to provide security protection, water supply, food supply, 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 plans to provide for numbers of spectators in excess of the estimate, provisions for the cleanup of the premises and removal of rubbish after the event has concluded, and provisions for fire protection;
(f) Plans for policing the activity: a detailed explanation of the applicant's plan for policing the activity with particular emphasis on the control and prevention of illegal drug and alcohol consumption; and
(g) Program Plans: the names and addresses of all acts, bands, and other performing groups or persons to be performing at the event.
(903-CS, Amended, 06/27/1996)
5-13-04 Licenses: Applications: Filing.
Such applications shall be filed with the Finance Department with the filing fee at least sixty (60) days prior to the time indicated for the commencement of the planned activity. No license shall be issued by the Finance Director until he is authorized to do so by the City Manager or, on appeal, the Council.
5-13-05 Licenses: Applications: Investigations.
The Finance Director shall deliver the application to the City Manager and to the Police Chief, Health Officer, Public Works Superintendent, Fire Chief, and Planning Director who shall investigate the matter and report in writing to the City Manager with appropriate recommendations concerning the activity within two (2) weeks after the receipt of the application.
5-13-06 Licenses: Conditioned Approval.
The City Manager shall consider all the reports of the investigations and shall thereafter grant the license without conditions or with conditions which must be met, including security required from the applicant as a guarantee that the conditions will be met, before a license is granted. Such conditions may include, but are not limited to, any or all of the following subjects:
(a) Fire protection;
(b) Security protection;
(c) Water supply and facilities;
(d) Food supply and concessions;
(e) Sanitation facilities;
(f) Medical facilities and services;
(g) Vehicle Parking, access, and traffic control;
(h) Overnight facilities and grounds illumination; and
(i) Performance and indemnity bonds or deposits.
5-13-07 Licenses: Conditioned approval: Proof of compliance.
If conditions are imposed by the City Manager, the applicant shall furnish, or cause to be furnished, to the Finance Director proof, approved by the City Manager and City Attorney, that all conditions have been met and the required security has been given before the license may be issued by the Finance Director.
5-13-08 Security documents: Form.
The security required by the City Manager may include the posting of an indemnity bond and/or performance bond in favor of the City in connection with the operation of a festival as defined in this chapter. Such bond or bonds shall be prepared by a corporate bonding company, authorized to do business in the State by the Department of Insurance, in an amount determined by the City Manager. Such bond or bonds shall indemnify the City, and its agents, officers, employees, and the Council, against any and all loss, injury, and damage of any nature whatsoever arising out of, or in any way connected with, such outdoor festival and shall indemnify against loss, injury, and damage to both persons and property.
5-13-09 Security for costs.
The City Manager may also require that the applicant provide a corporate surety bond, prepared 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 all costs necessitated by such activity to clean up and/or remove debris, trash, garbage, or other waste from, in, and around the premises. Such bond shall be in an amount determined by the City Manager as in his discretion will adequately provide for such indemnification.
5-13-10 Security for extra police protection.
The City Manager may also require that the applicant provide a cash deposit to indemnify the City for all costs expended by the City for extra police officers or reserve officers called to duty because of the additional personnel required as a result of the conduct of the festival.
5-13-11 License fees.
Upon determining that the City Manager has ordered the issuance of the license and that the conditions, if any, imposed by the Council have been complied with by the applicant, the Finance Officer shall collect a license fee established by resolution of the City Council per day for each day the festival is scheduled, and he shall issue a license to the applicant for the specific location authorized for the festival and for the specific days for which the festival is authorized.
(903-CS, Amended, 06/27/1996)
5-13-12 Revocation of licenses.
(a) The City Manager shall have the right to revoke any license issued pursuant to this chapter after a public hearing held after written notice is given to the licensee at least twenty-four (24) hours prior to such hearing for any of the following causes:
(1) The licensee fails, neglects, or refuses to fulfill any of the conditions imposed upon the granting of a license;
(2) The licensee permits the outdoor festival to be conducted in a disorderly manner or allows any person to remain on the premises while under the influence of intoxicating liquor or any narcotic or dangerous drug;
(3) The licensee violates or attempts to violate any laws of the State or provisions of this Code; or
(4) That the licensee has previously made a false, misleading, or fraudulent statement of material fact in the application for the license or in any other document required pursuant to this Code.
(b) Written notice of such revocation shall be forwarded by the City Manager to the permittee at the address given in the application. Such revocation shall become effective immediately after ordered by the City.
5-13-13 Summary suspensions.
The Police Chief may summarily suspend operations and close any festival prior to the expiration of the license granted under the provisions of this chapter in the event of the occurrence, or threat of occurrence, of a riot, major disorder, or serious breach of the peace when, in his opinion, it becomes necessary to prevent injuries to persons and/or damages to property.
5-13-14 Licenses nontransferable.
No license granted under the provisions of this chapter shall be transferable or removable to another location or person.
5-13-15 Appeals.
The decision of the City Manager or any condition of approval of a license may be appealed as provided in Title 1, Chapter 4 of this Code.
(866-CS, Amended, 02/09/1995)
5-13-16 Extraordinary costs reimbursable.
Notwithstanding anything in this chapter, any person or organization which conducts any activity or event which causes or requires extraordinary cost or expense to the City shall pay all such costs to the City.