Chapter 5.44
OUTDOOR FESTIVALS
Sections:
5.44.030 License--Application--Contents.
5.44.040 License--Application--Public hearing.
5.44.050 License--Determination--Conditions.
5.44.060 License--Issuance--Fee.
5.44.070 License--Revocation and reinstatement.
5.44.080 Conditions--Imposition authority of council.
5.44.010 Defined.
“Outdoor festival,” as used in this chapter, means any musical festival, dance festival, “rock” festival or similar musical activity, at which music is provided by paid or amateur performers or by prerecorded means, which is held at any place other than in a permanent installation which has been constructed for the purpose of conducting such activities or similar activities, and to which members of the public are invited or admitted for a charge or free of cost. (Ord. 379 1, 1976)
5.44.020 License--Required.
No person shall operate, maintain, conduct, advertise, or sell or furnish tickets for an outdoor festival in the city unless he first obtains a license from the city to operate or conduct such festival. (Ord. 379 2, 1976)
5.44.030 License--Application--Contents.
Applications for a license to conduct an outdoor festival shall be made in writing to the city clerk and shall be accompanied by a non-refundable application fee of one hundred dollars and shall contain the following information:
1. The name, age, residence, mailing address and telephone number of the applicant, an applicant’s legal nature, such as individual, partnership, corporation, etc. 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 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;
2. The location and legal description of the premises where the outdoor festival is proposed to be conducted, including all lands to be used for parking or other uses incidental to the outdoor festival. The applicant shall submit proof that applicant owns said premises or the written consent of all owners thereof for the proposed use;
3. The date or dates and the hours during which the festival is to be conducted;
4. An estimate of the minimum and maximum numbers of customers, spectators, participants and other persons expected to attend the outdoor festival for each day it is conducted;
5. A detailed explanation of the applicant’s program and plans to provide security protection, water supply and facilities, food 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, applicant’s plans to provide for numbers of spectators in excess of the estimate, and provisions for cleanup of the premises and removal of rubbish after the event has concluded. (Ord. 379 3, 1976)
5.44.040 License--Application--Public hearing.
Upon receipt of a complete application and the application fee, the city clerk shall set the application for public hearing at a regular meeting of the city council, not less than fifteen nor more than thirty days thereafter, and shall give not less than ten days’ written notice thereof to the applicant. He shall promptly give notice of the hearing and copies of the application to the sheriff, the county health officer, and the city manager, who shall investigate the application and report in writing to the city council not later than the hearing, with appropriate recommendations related to their official functions, as to the granting of a license and conditions thereon. (Ord. 379 4, 1976)
5.44.050 License--Determination--Conditions.
Based upon the testimony of the witnesses and evidence presented at the hearing provided by Section 5.44.040, including the report of the city manager, the city council 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 council, the applicant shall furnish or cause to be furnished to the city clerk proof that all conditions have been met, or security has been given that they will be met, before the license may be issued by the clerk. (Ord. 379 5, 1976)
5.44.060 License--Issuance--Fee.
Upon determining that the requirements of Section 5.44.050 have been compiled with, the clerk, upon payment of license fee of one hundred fifty dollars per day of operation, 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 to be operated, including the conditions as fixed by the city council. (Ord. 379 6, 1976)
5.44.070 License--Revocation and reinstatement.
The city council shall have the right to revoke any license, or to revoke and reinstate any license upon suitable conditions, if any of the following causes exist:
1. The licensee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of a license;
2. The licensee allows 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. (Ord. 379 7, 1976)
5.44.080 Conditions--Imposition authority of council.
At the hearing on the proposed issuance of the license, the city council may, in connection with granting the license, impose conditions to be performed at licensee’s expense, when the evidence shows that such conditions are necessary for the protection of the health, safety and general welfare of the people of the city, including the persons attending the outdoor festival, such conditions to include but not be limited to any or all of the following subjects:
Security protection,
Water supply and facilities,
Food supply and concessions,
Sanitation facilities,
Medical facilities and services,
Vehicle parking, access and traffic control,
Overnight facilities and grounds illumination,
Performance and indemnity bonds or deposits. (Ord. 379 8, 1976)
5.44.090 Violation--Penalty.
(Repealed Ord. 634, 1991) (Ord. 527 9, 1984: Ord. 379 9, 1976)