Chapter 8.24
OUTDOOR MUSICAL ENTERTAINMENTS1
Sections:
8.24.010 Basic clause – License required.
8.24.020 Application – Permit.
8.24.030 Outdoor musical entertainments – Fee.
8.24.040 Submission of plans for approval – Approving agencies.
8.24.070 Fire prevention standards.
8.24.080 Cash bond and indemnification.
8.24.010 Basic clause – License required.
It is unlawful for any person, corporation, organization, landowner, or lessor to allow, encourage, organize, promote, conduct, permit or cause to be advertised an entertainment, amusement, or assembly of persons wherein the primary purpose will be the presentation of outdoor, live or recorded musical entertainment which the person, persons, or corporation, organization, landowner or lessor believes or has reason to believe will attract 250 or more persons and where a charge or contribution is required for admission unless a valid city permit has been obtained for operation of the assembly; provided, however, that the assembly may be advertised by the sponsors and/or organizers thereof after application for such permit has been made. (Ord. 450 § 1, 1969).
8.24.020 Application – Permit.
Written application for outdoor musical amusement, entertainment or assembly permits shall be made to the city council 40 or more days prior to the date upon which such assembly is scheduled to be held. Written notice of approval or disapproval of the application shall be given to the applicant no later than 15 days after the application has been filed. Permits shall not be denied providing the conditions enumerated in PMC 8.24.050 through 8.24.100 are met by the applicant; provided that no permit may be granted to anyone who has been convicted of a felony or a crime involving moral turpitude and that each application shall be accompanied by the fingerprints and a three-inch by five-inch photograph of each and every person having any proprietary interest in the licensed activity. The city council and/or planning commission shall be empowered to obtain adequate photographs of all persons having any proprietary interest. (Ord. 450 § 2, 1969).
8.24.030 Outdoor musical entertainments – Fee.
There shall be a fee for outdoor musical entertainment permits as established by city resolution. No permit shall be granted for a period of more than one day expiring at midnight of that day and no permit shall be granted for consecutive days at the same location. The basic permit fee shall be retained by the city whether a permit is granted, denied or withdrawn. (Ord. 1375 § 15, 1998; Ord. 450 § 3, 1969).
8.24.040 Submission of plans for approval – Approving agencies.
Whenever approval by a governmental agency other than the city council and/or planning commission is required under this chapter, the applicant for such approval shall be required to cooperate fully with such agencies to insure that full review of the proposals may be accomplished by the agencies within the 15-day time limit set out in PMC 8.24.020. When any type of physical facility is required, or subject to approval hereunder, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. All such facilities shall be in existence five or more days before the event for which an application is submitted and shall be subject to inspection by the approving agencies or departments. Should the actual facility or construction fail to meet the standards approved in the proposed plans such preliminary approval may be withdrawn and any and all permits granted subject to such approval may be withdrawn. (Ord. 450 § 4, 1969).
8.24.050 Location.
No permit for an outdoor musical assembly shall be granted unless the assembly is to be held in those areas which have been zoned for parks and recreation; provided, however, that a permit may be granted for other areas if a zoning variance has been granted in advance by the city for such location. (Ord. 450 § 5, 1969).
8.24.060 Sanitary facilities.
No permit shall be granted unless the applicants obtain the written approval of the Seattle-King County health department and the city of Pacific indicating that the applicants for the permit have complied with the health requirements of the department and city of Pacific for like or similar facilities. The approval shall indicate the type and adequacy of water supply to be provided, the type and adequacy of toilet, waste collection, and washing facilities to be provided, and, if there is to be food served on the premises, the type and adequacy of food preparation and food service facilities to be provided. (Ord. 450 § 5, 1969).
8.24.070 Fire prevention standards.
No permit shall be granted under this chapter unless the applicant has shown that the fire department has approved fire protection devices and equipment available at such assembly. Fire prevention standards shall be as set forth by the fire department of the city. (Ord. 450 § 5, 1969).
8.24.080 Cash bond and indemnification.
No permit shall be issued under this chapter unless the applicant has on deposit with the city clerk and/or finance director a cash bond in the amount as set out below to save and protect the streets, pavements, bridges, road signs and other property in the city from any and all damage that may be caused by vehicles, employees, or participants in such outdoor musical assembly and to be used, if necessary, to restore the ground where such assembly is held to a sanitary condition and pay all charges and losses of the city for damages to streets, pavements, bridges and other property. Further, any extraordinary law enforcement costs incurred by the city which are the result of such activity shall be met by the cash bond. The amount of the cash bond shall be determined as follows:
A. For gatherings of zero to 10,000 persons, a $5,000 bond;
B. For gatherings of 10,000 to 20,000 persons, a cash bond of $7,500;
C. For gatherings of 20,000 to 30,000 persons, a cash bond of $10,000;
D. And a cash bond shall be raised in increments of $2,500 for each additional 10,000 persons expected.
The deposit or its balance shall be returned when the city certifies to the finance director that no damage has been done, or that the cost of making the abovementioned repairs was less than the cash bond amount, and that the balance thereof should be returned. Further, the sponsors shall be required to furnish evidence of a liability insurance policy providing for a minimum of $100,000 bodily injury coverage per person; $300,000 bodily injury coverage per occurrence; and $100,000 property damage coverage, naming the city of Pacific as an additional insured. (Ord. 1604 § 1, 2005; Ord. 450 § 5, 1969).
8.24.090 Public safety.
No permit shall be granted hereunder unless the applicant obtained the written approval of the city council and/or planning commission indicating that the following conditions have been complied with by the applicant:
A. That adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant;
B. That traffic control and crowd control personnel shall be licensed merchant patrolman or named persons meeting the city council’s requirements for becoming merchant patrolman;
C. That there shall be provided one traffic control person for each 400 persons expected or reasonably to be expected to be in attendance at any time during the event;
D. Further, that there shall be provided one crowd control person for each 400 persons expected or reasonably expected to be in attendance at any time during the event.
Provided, that if at any time during the event the size of the crowd exceeds by 20 percent the number of persons represented by the sponsors to be expected to be in attendance the city council shall have the discretion to require the sponsor to limit further admissions. Any person with more than a 10 percent proprietary interest in the event shall be required to be in attendance at the activity and shall be responsible for insuring that no person shall be allowed to remain on the premises if that person is violating state, county or city laws. Any such person having a duty to remove law violators who wilfully fails to do so shall be deemed to be an aider or abettor of such violation. (Ord. 450 § 5, 1969).
8.24.100 Parking facilities.
Application for a permit under this chapter shall be accompanied by a scale drawing showing adequate parking facilities have been made available within or adjacent to the location for which the permit is requested. Such parking facilities shall provide parking spaces for one vehicle for every four persons expected or reasonably to be expected. Adequate ingress and egress shall be provided to or from such parking area to facilitate the movement of any vehicle at any time to or from the parking area; provided, that if any nonadjacent parking facilities are approved, shuttle buses shall be used to transport the public to the event on a no-charge basis. (Ord. 450 § 5, 1969).
8.24.110 Hours of operation.
No outdoor musical assembly shall be conducted in the city during the hours of 12:01 a.m. and 9:00 a.m.; provided that no license shall be issued for more than one 24-hour period ending at midnight. The participants shall be required to have cleared the licensed area and its immediate environs no later than 1:00 a.m. of the day following the licensed event. (Ord. 450 § 6, 1969).
8.24.120 Failure to comply.
Compliance with the terms and conditions of this chapter shall constitute the minimum health, sanitation and safety provisions and failure to comply with the terms and conditions shall constitute a public nuisance and the sponsors of the event shall be subject to all criminal and civil remedies as such. (Ord. 450 § 8, 1969).
For statutory provisions governing outdoor musical festivals, see Chapter 70.108 RCW.