Chapter 5.50 REGULATION AND LICENSING OF OUTDOOR ASSEMBLIES AND FESTIVALS

“Assembly” and “festival,” unless the context otherwise requires, means a company of persons gathered together for any purpose at any location, other than in a permanent building or permanent installation which has been constructed for and will accommodate a number of persons gathered therein. (Ord. 4-20-98)

5.50.020 License required.

Every person who permits, maintains, promotes, conducts, advertises, operates, undertakes, organizes, manages, sells or gives away tickets to an actual or reasonably anticipated assembly of one thousand or more individuals shall obtain a license from the board of county commissioners in addition to the general requirements of the business license ordinance. This chapter does not apply to events conducted within the Winnemucca city limits, the Humboldt County fairgrounds or the Winnemucca Municipal Airport. (Ord. 4-20-98)

5.50.030 License application.

A. Application for a license to conduct an outdoor festival shall be made in writing to the license division at least sixty days prior to the time of commencement of the planned activity and shall be accompanied by a nonrefundable application fee of two hundred fifty dollars.

B. The application shall contain the following information:

1. The name, age, residence and mailing address of the person making the application. If the application is made by a partnership, the names and addresses of the partners must appear, and the partners shall be individually included as licensees. Where the applicant is a corporation, the application must also be joined in by the president, vice president, secretary and treasurer thereof, as individual licensees, and must contain the addresses of such corporate officers. A certified copy of the articles of incorporation shall be submitted with the application;

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

3. 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 notarized statement signed by the owner of the premises indicating his consent that the site be used for the proposed festival. If the event is to be conducted on federal or state property, the application must contain a statement from the respective governmental entity that they have permission to use the property for such festival;

4. Proof that notice of the intent to apply for a license for the holding of such festival has been given to all landowners or occupiers located within one mile from any portion of the site of the festival not more than one week prior to the date of the application;

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

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

7. The names and addresses of anyone contributing, investing or having an expected financial interest greater than five hundred dollars in producing the festival. (Ord. 4-20-98)

5.50.040 Festival plans.

A. Each application shall contain a detailed explanation of the applicant’s plans to provide security and fire protection, water 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 provisions for cleanup of the premises and removal of rubbish after the event has concluded. A plot plan showing arrangement of all facilities, including those for parking, egress and ingress, shall be submitted with the application.

B. Eight copies of all such required plans shall be submitted with each application. (Ord. 4-20-98)

5.50.050 Processing application.

A. The license division shall retain one copy of the plans required by HCC 5.50.040, and shall transmit the remaining copies of the application and a copy of the receipt for the application fee to the county clerk.

B. The county clerk shall set the application for public hearing at a regular meeting of the board, not less than fifteen days nor more than forty-five days thereafter, and shall give not less than ten days’ written notice thereof to the applicant.

C. The county clerk shall promptly give notice of hearing and copies of the application to the sheriff, the district attorney, the county health officer and the state registered environmental health specialist, the director of public works, the planning director and the county building inspector, who shall investigate the application and report in writing to the board not later than the hearing, with appropriate recommendations related to their official functions, as to granting a license and the conditions thereof. (Ord. 4-20-98)

5.50.060 Consideration of application by board.

Based upon the testimony of the witnesses and evidence presented at the hearing, including the report of the department heads, the board 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 board, the applicant shall furnish or cause to be furnished to the county clerk proof that all conditions have been met before the license may be issued. (Ord. 4-20-98)

5.50.070 Issuance, posting of license—License fee.

A. If the county clerk certifies that conditions have been met, the license division shall, upon payment of all applicable fees and deposits, issue a license specifying the name and address of the licensee, the kind of festival licensed and the number of days’ operation authorized.

B. The licensee shall keep the license posted in a conspicuous place upon the premises at which the festival is conducted. (Ord. 4-20-98)

5.50.080 License valid only for one festival.

A license issued for an outdoor festival shall be valid only for the festival authorized and not for any other festival. (Ord. 4-20-98)

5.50.090 Licensing conditions—General.

At the hearing required under HCC 5.50.050, the board may establish conditions which must be met prior to the issuance of any license under HCC 5.50.030 to 5.50.040, inclusive, except that the board may take a matter under submission before determining which conditions shall be imposed. Where the board 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 fifteen days of the original hearing. Such conditions may be imposed by the board pursuant to the county’s general police power as may be necessary under all the circumstances for the protection of the health, welfare, safety and property of local residents and persons attending festivals in the county. (Ord. 4-20-98)

5.50.100 Licensing conditions—Police protection.

Every licensee may be required to employ sheriff’s deputies or other police protection at his own expense. If police protection is required, the number and type of officers necessary to provide for the preservation of order and protection of persons and property in and around the place of the festival shall be determined and specified by the sheriff. The licensee must prove to the license division that he will comply with the requirement for police protection at least fifteen days prior to the specified date the activity is to occur. Proof may consist of an executed contract between the applicant and a law enforcement agency. (Ord. 4-20-98)

5.50.110 Licensing conditions—Water facilities.

A. Every licensee shall provide an ample supply of potable water for drinking and sanitation purposes on the premises of the festival. Location and quality of water facilities on the premises must be approved by the county health officer and the state registered environmental health specialist prior to issuance of a license.

B. The minimum supply of water required for a festival shall be as determined by the county health officer and the state registered environmental health specialist to be necessary for reasonable health standards. All water shall meet federal government standards. Public and private flush-type water closets, lavatories and drinking facilities shall be required as determined by the county health officer and the state registered environmental health specialist. Sewage and drainage systems relating to such facilities shall meet the requirements of the county district health officer and the state registered environmental health specialist and county. (Ord. 4-20-98)

5.50.120 Licensing conditions—Food concessions and attendant sanitary facilities.

A. Where the proposed festival is to be held at a location which, in the opinion of the health officer, considering the needs of the number of people expected to attend, the accessibility of existing facilities and the capacity of such facilities, is a substantial distance from adequate public eating places, food handling places or like establishments, the applicant shall provide such food concessions or facilities at the premises as may be required by the county health officer and the state registered environmental health specialist to adequately feed the number of persons expected to be in attendance.

B. Every licensee shall provide such sanitation facilities for the sole use of employees of the food concessions or operations as may be required by the county health officer and the state registered environmental health specialist. (Ord. 4-20-98)

5.50.130 Licensing conditions—Sanitation facilities.

A. Every licensee shall provide sanitation facilities for the use of persons attending the festival, including without limitation flush-type water closets, portable lavatories and trash receptacles of a quality and number as required by the county health officer and the state registered environmental health specialist.

B. Where flush-type water closets cannot be made available for the persons in attendance, the county health officer and the state registered environmental health specialist may allow the use of portable chemical toilets, which shall be emptied and recharged at the licensee’s expense as necessary pursuant to procedures established by the county health officer and the state registered environmental health specialist.

C. A signed contract with a licensed refuse collector shall be submitted to the board and a copy of the contract filed with the county health officer and the state registered environmental health specialist. Removal of all trash and refuse shall be at the licensee’s expense. The pickup and removal of refuse, trash, garbage and rubbish shall be at such intervals as are required by the county health officer and the state registered environmental health specialist. (Ord. 4-20-98)

5.50.140 Licensing conditions—Medical facilities.

A. The applicant shall provide, as required by the county health officer, emergency medical treatment facilities on the premises of the festival.

B. The location of such facilities, number of doctors, nurses and other aides needed to staff such facilities and the type and quantity of medical supplies, drugs, ambulances and other equipment that must be on the site shall be determined and approved by the county health officer prior to the issuance of any license.

C. 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, and the availability of other existing facilities. Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulances, helicopters and other emergency vehicles to transport patients or staff to appropriate on-site and off-site treatment facilities. (Ord. 4-20-98)

5.50.150 Licensing conditions—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 twelve feet wide and twenty feet long. The county planning director must approve an applicant’s parking plan before a license may be issued. (Ord. 4-20-98)

5.50.160 Licensing conditions—Access and parking control.

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

B. Additionally, an applicant may be required to show that qualified traffic guards are under his employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area. (Ord. 4-20-98)

5.50.170 Licensing conditions—Hours of operation.

All festivals which are subject to a license may be required to close and cease operation continuously between the hours of twelve p.m. and seven a.m. of each day. (Ord. 4-20-98)

5.50.180 Licensing conditions—Illumination.

Every licensee planning to conduct a festival after dark, or planning to allow, or who does allow, persons attending the festival to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied are lighted at all times. The county building inspector must approve an applicant’s lighting plan as a prerequisite to the issuance of a license. A licensee may be required to illuminate specific areas on the premises with such amount of intensity as shall be sufficient to insure the safety of persons attending the festival. (Ord. 4-20-98)

5.50.190 Licensing conditions—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 meeting the requirements of all county ordinances and state laws relating thereto. (Ord. 4-20-98)

5.50.200 Licensing conditions—Bonds.

A. A licensee may be called upon to post as a prerequisite to the issuance of a license an indemnity bond and/or a performance bond in favor of the county in connection with the operation of a festival. Bonds required by this section must be approved by the district attorney prior to the issuance of a license.

B. An applicant may be required to submit a surety bond written by a corporate bonding company authorized to do business in the State of Nevada by the commissioner of insurance, in an amount determined by the board. The bond shall indemnify the county, its agents, officers, servants and employees and the board against any and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with, such festival, and shall indemnify against loss, injury and damage to both person and property.

C. Additionally, the county may demand that the applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the State of Nevada, indemnifying the county and the owners of property used for or 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. The bond shall be in an amount determined by the board to be necessary under all the circumstances, adequately to protect the county. (Ord. 4-20-98)

5.50.210 Licensing conditions—Fire protection.

A. Every licensee shall provide at his own expense adequate fire protection as determined by the fire protection agency or agencies having jurisdiction over the area where the event is to be conducted.

B. If the event is located in a hazardous fire area as determined by the chief of the responsible fire protection agency or agencies, considering all relevant factors, including without limitation the location and nature of the festival and the nature of the surrounding area and probable weather conditions, the applicant shall employ a suitable number of fire guards 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 and fire-extinguishing equipment shall be provided as directed by the fire chief before the issuance of a license. (Ord. 4-20-98)

5.50.220 Licensing conditions—Financial statements.

Each licensee shall be required to provide a financial statement to give assurance of the ability of the promoters and/or the applicants to meet the conditions of the permit. (Ord. 4-20-98)

5.50.230 Licensing conditions—Communication system.

A licensee shall provide telephone service at the site of the festival. Such service shall be connected to and be a part of a public system which connects thereto, and shall be provided for the use of the persons attending the festival and shall be available at a charge not to exceed that charged a person using such public telephone service at places other than the site of the festival. (Ord. 4-20-98)

5.50.240 Grounds for denial of license.

After holding the public hearing, the board 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 the provisions of HCC 5.50.020 to 5.50.230, inclusive;

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 county ordinances or state laws;

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

D. That the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager, or having a financial interest as described in HCC 5.50.030 has previously conducted or been interested in 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 the applicant as a partner, director, officer, stockholder, associate or manager, or any person having a financial interest as described in HCC 5.50.030 has been convicted in a court of competent jurisdiction by final judgment of an offense:

1. Involving the presentation, exhibition or performance of an obscene production, motion picture or place, or of selling obscene matter, or

2. Involving lewd conduct, or

3. Involving the use of force and violence upon the person of another, or

4. Involving misconduct with children, or

5. Which was, where committed, or would in Nevada be, a felony, or

6. Involving illegal use of controlled substances or dangerous drugs. (Ord. 4-20-98)

5.50.250 Notice of denial.

Where the application is denied, the county clerk shall mail to the applicant written notice of denial within five days of such action, which notice shall include a statement of the reasons the application was denied. (Ord. 4-20-98)

5.50.260 Revocation of license.

The board has the power to revoke any license or to revoke and reinstate any license upon suitable conditions when any of the following causes exist:

A. The licensee fails, neglects or refuses to pay to the license division any of the fees or deposits prescribed by the sections in this chapter;

B. The licensee, his employee or agent fails, neglects or refuses to fulfill any or all of the conditions imposed or to maintain facilities required;

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

D. The licensee allows the festival to be conducted in a disorderly manner or knowingly uses an intoxicating liquor or any controlled substance or dangerous drug;

E. The licensee, his employee or agent is convicted of any of the offenses enumerated under HCC 5.50.240(E);

F. The required number of facilities or personnel are not provided by reason of the admission of persons in excess of the estimated number;

G. The failure to comply with any provision of any contract between the licensee, the sheriff and the county for police protection. (Ord. 4-20-98)

5.50.270 Complaint and revocation of license.

A. Any person may file a complaint with the county clerk petitioning the board to conduct a hearing concerning the revocation of the license of any licensee. The county clerk shall notice the petitioner for hearing in accordance with the provisions of HCC 5.50.050, but the time provisions of that section are not applicable if the festival is scheduled to commence at a date sooner than that on which the hearing would be held. If the festival has not yet commenced and a special hearing as provided in NRS 244.090 can be called before the commencement of the festival with reasonable notice having been given to the licensee, such special hearing shall be held and shall otherwise proceed as provided in HCC 5.50.050. If such special hearing cannot be held due to lack of time prior to commencement of the festival in progress, the sheriff may, if he finds after an investigation that cause exists for revocation of the license, and after consulting with the district attorney, order the festival to close and shall thereupon post a notice of closure to persons approaching the festival.

Such closure order shall have the same effect as a revocation of the closure order shall have the same effect as a revocation of the license, to a festival for which the license has been revoked shall include a festival which has been ordered closed by the sheriff.

B. Following such closure order, a licensee may request a hearing before the board, which shall be granted within ten days of such request. (Ord. 4-20-98)

5.50.280 Unlawful acts.

It is unlawful for any licensee, employee, agent or person associated with a licensee to do any of the following:

A. Conduct or operate, or participate in, either directly by performing or indirectly by providing supplies or services, unless authorized to do so by the county, a festival for which a license has not been issued, or to continue to conduct or so participate in a festival for which a license has been revoked;

B. Sell tickets or otherwise admit persons to a festival for which a license has been revoked;

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

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

E. 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 and under the laws of the State of Nevada;

F. Knowingly allow any person at the licensed festival to use, sell or be in possession of any controlled substance or dangerous drug while in, around or near a place of the festival. (Ord. 4-20-98)