Chapter 9.12
OUTDOOR MUSIC FESTIVALS AND ASSEMBLIES
Sections:
9.12.010 Outdoor assemblies – Permit required.
9.12.020 Permit application – Approval – Denial.
9.12.030 Permit required – Fee – Limitations.
9.12.040 Submission of plans for approval.
9.12.070 Traffic control – Crowd protection.
9.12.090 Indemnity bond required.
9.12.100 Waiver of permit requirements.
9.12.110 Investigation of applicant – Compliance with rules and regulations.
9.12.120 Distance from habitation.
9.12.130 Inspection – Enforcement.
9.12.010 Outdoor assemblies – Permit required.
It is unlawful for any person, persons, 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 said person, persons, corporation, organization, landowner or lessor believes or has reason to believe will attract 50 or more persons unless a valid County permit has been obtained for the operation of said outdoor public amusement, entertainment or assembly. One such permit shall be required for each outdoor public entertainment, amusement or assembly wherein live or recorded music is presented. Criminal or civil liability for failure to comply with the provisions of this chapter shall rest in all persons, corporations, organizations, landowners or lessors who are responsible for obtaining permits under this provision. (Res. 121-1977, 126-1969. Formerly 5.08.010)
9.12.020 Permit application – Approval – Denial.
Written application for amusement, entertainment or assembly permits shall be made to the County sheriff and said application must be submitted 90 or more days prior to the first day upon which such amusement, entertainment or assembly is to be or may be held. Approval of permits as provided for in this section shall be made within 60 days after application therefor unless such permit is denied. Denial of the permit by the sheriff shall be in writing with reasons for the denial and shall be subject to appeal to the board of County commissioners within 10 days of the denial. Denial of the appeal by the board of County commissioners shall be in writing with reasons for the denial and shall be subject to appeal to the superior court by action filed within 10 days of the denial. (Ord. 66-1991 Exh. A; Res. 126-1969. Formerly 5.08.020)
9.12.030 Permit required – Fee – Limitations.
A. No public amusement, entertainment or assembly where the primary purpose will be the presentation of outdoor, live or recorded musical entertainment may be held in the County outside the limits of incorporated cities and towns unless the person or persons sponsoring said public amusement, entertainment or assembly first obtains a permit as provided in this chapter and complies with all regulations provided in this chapter. The fee for such permit to meet the cost of administering the same shall be $100.00 for each event.
B. No license shall be available for an event of more than one day’s duration. No license shall be issued for consecutive days to the same sponsors for the same event on the same premises. (Ord. 14-2000 § 7(P); Ord. 66-1991 Exh. A; Res. 126-1969. Formerly 5.08.090)
9.12.040 Submission of plans for approval.
Whenever approval by a County government agency other than the County sheriff is required under the provisions of this chapter, application for such approval shall be made in the same manner at the times provided in SJCC 9.12.020 when applying for a permit for the outdoor live music entertainment, amusement or assembly permit. When any type of physical facility is required or subject to approval under the provisions of this chapter 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 department at their convenience. Should the actual facility or construction fail to meet the standards approved in the proposed plans such preliminary approval shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn. (Ord. 66-1991 Exh. A; Res. 126-1969. Formerly 5.08.036)
9.12.050 Sanitary facilities.
No permit for an entertainment, amusement or assembly shall be granted unless the application is accompanied by the written approval of the County health department of the following minimum facilities:
A. Water Supply.
1. Every location for which a permit must be obtained under the provisions of this chapter shall have an adequate supply of water which is of a sanitary quality meeting the standards as prescribed by the State Department of Health.
2. Drinking fountains or drinking facilities shall be provided to meet the minimum standards of the State Department of Health.
B. Toilets and Washing Facilities. Every location for which a permit must be obtained under the provisions of this chapter shall be provided with toilets, urinals and hand washing facilities conveniently located.
1. Separate toilet facilities shall be provided for each sex and shall be so marked.
2. Toilets must be water-flushed or fly-tight sanitary privies approved by the County health officer.
3. The minimum number of the above facilities to be provided shall be in accordance with the Uniform Plumbing Code, 1961 Edition, Appendix C, for Theaters and Auditoriums.
C. Food Preparation and Food Service Facilities. Should the applicant for a permit under the provisions of this chapter have reason to believe that there will be provided any type of public food services for the event for which the permit is required, then the applicant shall submit with his application the approval of the County department of health for the facilities so provided. Such facilities shall meet the specifications provided in the laws of the state as to its Department of Health and the rules and regulations promulgated thereunder. (Res. 126-1969. Formerly 5.08.040)
9.12.060 Fire protection.
No permit shall be granted under the provisions of this chapter unless the applicant has shown that the district fire chief has approved fire protection devices and equipment available at, in or near any building, tent, stadium or enclosure wherein or whereupon more than 10 persons may be expected to congregate at any time during the course of such entertainment, amusement or assembly for which a permit is required by these provisions. (Ord. 14-2000 § 7(Q); Res. 126-1969. Formerly 5.08.050)
9.12.070 Traffic control – Crowd protection.
No permit shall be granted under the provisions of this chapter unless it is included in an application to the County sheriff that adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant. Traffic control and crowd control personnel shall be licensed merchant patrolmen or named persons meeting the requirements of this code for becoming merchant patrolmen. There shall be provided one traffic control person for each 100 persons expected or reasonably to be expected to be in attendance at any time during the event. It shall be the duty of such policing personnel to report any violations of the laws to the County sheriff or his/ her deputies. (Res. 126-1969. Formerly 5.08.060)
9.12.080 Parking facilities.
Application for a permit under this chapter shall be accompanied by scale drawings showing adequate parking facilities having been made available adjacent to the location for which the permit is requested. Such parking facility shall provide parking space for one vehicle per every four persons expected or reasonably to be expected to attend the amusement, entertainment or assembly. Adequate ingress and egress shall be provided from such parking area to facilitate the movement of any vehicle at any time to or from the parking area; provided, that should buses be used to transport persons to the entertainment, amusement or assembly it shall be shown that public parking or parking as described above is available at any site from which buses are scheduled to transport persons to an event regulated by this chapter. (Res. 126-1969. Formerly 5.08.070)
9.12.090 Indemnity bond required.
No permit shall be issued under the provisions of this chapter until the applicant has on deposit with the County treasurer a certificate of public liability insurance, insuring against injury caused by the public amusement, entertainment, or assembly to a member of the public in the amount of $1,000,000, and the sum of $25,000 cash or bond as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the County from any and all damage that may be caused by vehicles, employees or participants in such amusement, entertainment or assembly and to be used, if necessary, to restore the ground where such amusement, entertainment or assembly is held to a sanitary condition and pay all charges and losses to the County for damages to the streets, pavements, bridges and other property; provided, further, that should the licensed event necessitate the deployment of additional County personnel, such added expense shall be recoverable from the principal and/or its surety. The deposit or its balance will be returned when the County sheriff certifies to the treasurer that no damage has been done and that the County did not incur additional expenses due to said licensed event or that the cost of the above has been paid by the licensee. (Ord. 14-2000 § 7(R); Res. 126-1969. Formerly 5.08.100)
9.12.100 Waiver of permit requirements.
Any person or entity desiring to secure a waiver of any provision of this chapter may apply to the County sheriff specifying the provisions of this chapter which, in the opinion of the applicant, should not be required. The sheriff shall, after a consultation with the applicant and such County officials as she/he deems appropriate, make a recommendation to the board of County commissioners concerning the request. If the event is scheduled at a time which renders consideration of the request by the board impractical, the sheriff may issue the permit after acting upon the application for a waiver. In considering the application for a waiver, the board, or the sheriff when acting on behalf of the board, shall consider the following factors, among others:
A. The nature of the event;
B. The anticipated ages and residences of the persons expected to attend the event;
C. The financial responsibility of the applicant;
D. The type and quantity of alcoholic beverages, if any, which may be sold or consumed at the event;
E. The existing sanitary facilities and risk of fire at the location chosen for the event;
F. The likelihood of disruptive behavior by those attending the event;
G. Law enforcement and sanitary problems created by those attending similar events in the past. (Ord. 66-1991 Exh. A; Res. 121-1977, 126-1969. Formerly 5.08.091)
9.12.110 Investigation of applicant – Compliance with rules and regulations.
No entertainment, amusement or assembly permit shall be issued until the County board of commissioners has had an investigation and report by the County sheriff as to whether or not the applicant or applicants have been convicted of a felony during the prior 10 years, and whether the location of the place to be used as a site for an entertainment, amusement or assembly conforms to all rules and regulations of this chapter and state law, particularly in regard to fire, health, ventilation, lighting, sanitary conditions and toilet conveniences. (Ord. 14-2000 § 7(S); Ord. 66-1991 Exh. A; Res. 126-1969. Formerly 5.08.110)
9.12.120 Distance from habitation.
No amusement, entertainment or assembly shall be operated in a location which is closer than 1,000 yards from any schoolhouse, church, house, residence or other human habitation. (Res. 126-1969. Formerly 5.08.120)
9.12.130 Inspection – Enforcement.
The sheriff or any peace officer is authorized and directed to see that all provisions of state law and these rules and regulations are enforced, and that all grounds and any building, room or other structure wherein any permittee under the provisions of this chapter conducts his business shall allow automatic access for the sheriff, his deputies, or any peace officer at all times during operations and at all times during business activity of the applicant. Furthermore, no application shall be granted under this chapter unless the applicant shall in writing upon the application for such permit consent to allow the law enforcement and public health and fire control officers of the County to come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions under which the permit is granted. (Ord. 14-2000 § 7(T); Res. 126-1969. Formerly 5.08.080)
9.12.140 Violation – Penalty.
Any person who violates or fails to comply with any provision of this chapter or who counsels, aids or abets such a violation or failure to comply is deemed guilty of a misdemeanor. Such violation, if committed by the permittee or those persons working in his behalf shall trigger a due process hearing before an administrative officer to determine what portion of the bond provided for in SJCC 9.12.090 should be forfeited. The hearing must include consideration of the alleged violations, and issuance of findings of fact, conclusions of law, and order of any forfeiture or portion thereof of the bond. Compliance constitutes minimum health, sanitation and safety provisions and failure to comply with the terms and conditions constitutes a public nuisance and is subject to all criminal, civil and equitable remedies as such. (Ord. 14-2000 § 7(U); Ord. 66-1991 Exh. A; Res. 126-1969. Formerly 5.08.130)