Chapter 5.25


5.25.010    Definitions.

5.25.020    Basic clause.

5.25.030    Permit required – Fee.

5.25.040    Application procedure – Approval.

5.25.050    Bond of indemnity.

5.25.060    Inspection.

5.25.070    Hours of operation.

5.25.080    Intoxicating liquor prohibited.

5.25.090    Crowd limitation.

5.25.100    Duty of preserving order placed on operator.

5.25.110    Compliance.

5.25.120    Violation – Penalty.

5.25.130    Exclusion.

5.25.140    Review of council’s action.

5.25.010 Definitions.

“Entertainment assembly” shall include all assemblies of the public gathered either indoors or outdoors for musical festivals, concerts, and other musical entertainment; automobile racing; motorcycle racing; horse racing; dog racing; boat racing; other racing events; and for other entertainment purposes.

“Police” shall mean and refer to the Rainier police department and other delegated and cooperating Columbia County or state police agencies.

“Health department” shall mean and refer to the Columbia County health department and employees and representatives thereof. (Ord. 895 § 1, 1986)

5.25.020 Basic clause.

No person, corporation, organization, landowner or lessor shall, unless a permit is first obtained pursuant to this chapter, allow, promote, conduct, permit or cause to be advertised an entertainment assembly, whether or not a charge or contribution is required for admission, when the person, corporation, organization, landowner or lessor believes or has reason to believe that the assembly will attract 1,500 or more persons. A permit is required for each entertainment assembly. Those persons who are responsible for obtaining permits under this chapter are subject to criminal and civil liability for failure to comply with the provisions of this chapter. (Ord. 895 § 2, 1986)

5.25.030 Permit required – Fee.

No entertainment assembly shall be held in the city of Rainier unless the person, persons or corporation sponsoring the entertainment assembly shall first obtain a permit and comply with all regulations provided by this chapter. The fee for the permit to cover the cost of inspecting facilities and issuing and administering the permit prior to the event shall be in accordance with the following schedule:

1,500 to 5,000 persons reasonably anticipated to attend – $300.00.

5,000 and more persons reasonably anticipated to attend – $350.00.

Written application for each entertainment assembly permit shall be made to the council of the city of Rainier 30 or more days prior to the first day upon which the entertainment assembly is to be or may be held by filing the same with the city recorder, and shall be accompanied by a deposit of the fee herein required. It shall be signed by the person or persons organizing and sponsoring said assembly and verified upon oath. Each application shall state the names of all persons organizing, promoting or sponsoring said assembly; shall state the location to be utilized for said assembly; and shall also state that the applicant or applicants will abide by all rules and regulations of this chapter and other regulations and law for the protection of the health, morals and safety of the persons employed therein, and for the patrons or participants thereof, and for the public. Each application shall be accompanied by the fingerprints and a three-inch by five-inch photograph of each and every organizer, promoter and sponsor of said assembly. Said fingerprints and photographs may be taken by the police department at the request of the applicant.

Any permit issued as herein provided shall be kept posted in a conspicuous place upon the premises of the assembly. No permit shall be transferable or assignable without the consent of the council. No rebate or refund of money paid for a permit shall be made. (Ord. 895 § 3, 1986)

5.25.040 Application procedure – Approval.

Within 10 days after the application for said permit is made, the applicant must obtain written approval from the appropriate agency or department that satisfactory arrangements have been made by the applicant to comply with the conditions hereinafter enumerated. No permit shall be issued unless the respective agency or department has approved as to each condition.

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 shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn.

Said approval shall be on forms provided by and shall be filed with the city recorder.

A. Condition No. 1 – Sanitary Facilities. The health department shall be responsible for approving all sanitation facilities to ensure that reasonable minimum standards have been or will be met by the applicant. The applicant shall provide the health department with a sketch and other detailed information showing the type, number, and location or proposed location of all toilets, washing facilities, water supply facilities, and food preparation and service facilities. Approval by the health department shall indicate the number, type, and location, when appropriate, of the toilet, washing, and water supply facilities. If food is to be served on the premises, approval must be obtained as to the type of food preparation and service facilities to be provided.

B. Condition No. 2 – Fire Protection Standards. No permit shall be granted hereunder unless the applicant has shown that the fire protection district officer or fire chief has approved fire protection devices and equipment available at, in or near a 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. If the site for which the permit is applied for is located outside a fire protection district, the applicant must show approval from the office of the State Fire Marshall. Approved minimum fire protection equipment for any type of motorized racing event shall include three five-pound CO2 fire extinguishers.

C. Condition No. 3 – Medical Services. The health department shall be responsible for approving plans for medical service required for the entertainment assembly. Each entertainment assembly shall have as a minimum one ambulance and a first aid station staffed by two adults trained in first aid techniques. All motorized racing events shall have an ambulance with attendants present on standby at the start of all races and during all races and time trials. Races and time trials shall stop until the ambulance and attendants are present.

D. Condition No. 4 – Public Safety. The applicant must submit his plans for public safety at the entertainment assembly to include personnel to be utilized to the chief of police for his approval.

1. Adequate traffic control and crowd protection policing must have been contracted for or otherwise provided by the applicant. There shall be provided one traffic control person for each 250 persons expected or reasonably expected to be in attendance at any time during the event. Further, there shall be provided one crowd control person for each 100 persons expected or reasonably expected to be in attendance at any time during the event.

2. The applicant shall submit the names and necessary background information on forms provided by the chief of police for all traffic control and crowd control personnel to be utilized during the entertainment assembly for investigation by the chief of police as to fitness. All such personnel must meet the following minimum standards in order to be approved as suitable by the chief of police:

a. Be 21 through 65 years of age.

b. Be in good physical health.

c. Never been convicted of a felony or misdemeanor involving moral turpitude.

d. Either have received reasonable minimum training in law enforcement or have on-the-job experience in law enforcement.

All of said policing personnel must wear an appropriate identifying uniform and must be on duty during the entire entertainment assembly unless a relief schedule has been planned and approved. A relief schedule will be approved by the chief of police only when sufficient policing strength on duty has been maintained to meet the above-described minimum strength standards.

It shall be the duty of said policing personnel to report any violation of the law to the chief of police, his deputies, or representatives and to take such action as can reasonably be expected of them to enforce the law.

E. Condition No. 5 – Parking Facilities. The applicant shall provide the police department with 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 space for one vehicle for every four persons expected or reasonably to be expected to attend the event. Adequate ingress and egress shall be provided for 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 the public to the event, it shall be shown that public parking or parking as described above is available at any site from which buses are scheduled to pick up persons to transport them to the event. (Ord. 895 § 4, 1986)

5.25.050 Bond of indemnity.

No permit shall be issued hereunder unless the applicant has on deposit with the city recorder the following sum of cash or bond as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the city from any and all damages that may be caused by vehicles, employees, or participants in such entertainment assembly and to be used, if necessary, to restore the grounds where such entertainment assembly is held to a sanitary condition and pay all charges and losses to the city for damages to the streets, bridges, and other property:

$10,000 when attendance of 1,500 to 5,000 persons is reasonably anticipated.

$25,000 when attendance over 5,000 persons is reasonably anticipated.

When a dispute arises between the parties as to the number of persons anticipated to attend, the decision of the council thereon establishing the amount of bond required and the permit fee shall be final and controlling; provided further, that should the licensed event necessitate the deployment of additional personnel by the city or at the request of the city, such added expense shall be recoverable from the principal and its surety out of the cash on deposit and/or bond. The deposit or its balance shall be returned when the council certifies to the city recorder that no damage has been done and that the city did not incur additional expenses due to said licensed event or that the cost of the above has been paid by the permittee. (Ord. 895 § 5, 1986)

5.25.060 Inspection.

No application shall be granted hereunder unless the applicant shall in writing upon the application for such permit consent to allow law enforcement, public health, and fire control officers to come upon the premises for which the permit has been granted for the purposes of inspection and enforcement of the terms and conditions thereunder. (Ord. 895 § 6, 1986)

5.25.070 Hours of operation.

No entertainment assembly shall be conducted in the city of Rainier within 1,000 feet of any residence between the hours of 12:01 a.m. and 9:00 a.m. and in all other areas between the hours of 2:00 a.m. and 9:00 a.m. (Ord. 895 § 7, 1986)

5.25.080 Intoxicating liquor prohibited.

No firm, person, society, association, or corporation conducting an entertainment assembly, nor any person having charge or control thereof at any time when an entertainment assembly is being conducted, shall permit any person to bring into said entertainment assembly, or upon the premises thereof, any intoxicating liquor, nor permit intoxicating liquor to be consumed on the premises; and no person during said time shall take or carry onto said premises or drink thereon intoxicating liquor. (Ord. 895 § 8, 1986)

5.25.090 Crowd limitation.

A. If at any time during an entertainment assembly the size of the crowd exceeds by 20 percent the number of persons expected to be in attendance, the police chief, or the chief’s deputies, may require the permittee or sponsor to limit admissions until sanitation, parking, fire, health, traffic, medical, and crowd control requirements have been brought into conformance with this chapter.

B. An entertainment assembly operating without a permit due to the fact that less than 1,500 persons were reasonably anticipated to attend shall limit attendance to 1,499 persons. (Ord. 895 § 9, 1986)

5.25.100 Duty of preserving order placed on operator.

It is the intention of this chapter to put the burden of preserving order upon the operator of the entertainment assembly, and if any entertainment assembly in the city of Rainier is not being operated in accordance with the rules and regulations prescribed in this chapter and set forth in the state law, the permittee shall be subject to revocation of his permit, and the permittee or other individual responsible subject to such other punishment as the law and this chapter provides. (Ord. 895 § 10, 1986)

5.25.110 Compliance.

Compliance with the terms and conditions of this chapter shall constitute minimum health, sanitation and safety provisions, and failure to comply with the terms and conditions of this chapter and state law shall constitute a public nuisance and shall be subject to all criminal, civil, and equitable remedies. (Ord. 895 § 11, 1986)

5.25.120 Violation – Penalty.

A person who violates or fails to comply with a provision of this chapter or a permit obtained under this chapter, or who aids or abets a violation or failure to comply, shall be guilty of an offense punishable by a fine of not more than $500.00, or imprisonment of not more than five days, or both. Each day’s violation is a separate offense. (Ord. 895 § 12, 1986)

5.25.130 Exclusion.

This chapter shall not apply to any regularly organized and supervised school district activity or program that takes place on school property, nor to any established celebration which is controlled and directed by a nonprofit corporation or organization recognized as such by the Internal Revenue Service or Oregon State Tax Commission, and which receives the proceeds of the celebration. (Ord. 895 § 13, 1986)

5.25.140 Review of council’s action.

All decisions of the council under this chapter shall be reviewed by the Circuit Court of the state of Oregon for the county of Columbia only by writ of review under the provisions of ORS 34.010 through 34.100. (Ord. 895 § 14, 1986)