Chapter 5.04
EVENT LICENSES
Sections:
5.04.090 License approval or denial.
5.04.120 Notice of requirements.
5.04.130 License revocation—Statement of right.
5.04.140 License revocation—Grounds.
5.04.160 Medical facilities and emergency response.
5.04.210 Violation—Nuisance—Misdemeanor.
5.04.010 Authority.
By authority of the general powers vested in the board of commissioners, the provisions of this chapter are adopted. (Ord. CE 08-01-27 (part))
5.04.020 Applicability.
This chapter shall apply to any outdoor public events conducted within the unincorporated area of the county in temporary facilities or on a temporary basis to an audience of one thousand or more persons for the duration of the event, whether or not admission thereto is charged; except, that this chapter shall not apply to any activity within the purview of Chapter 36.37 RCW or to any circus or traveling amusement otherwise regulated by county ordinances. (Ord. CE 08-01-27 (part))
5.04.030 License—Required.
It is unlawful for any person to allow, promote, advertise, conduct or furnish the location for any event to which this chapter applies unless a license has been obtained therefor in the manner provided by this chapter. (Ord. CE 08-01-27 (part))
5.04.040 License—Application.
A. Application for the license shall be made in writing to the board and filed with the clerk of the board not less than thirty days prior to the date such event is or may be held.
B. The application shall be signed by the event producer and verified upon oath.
C. The application shall state the location(s) at which the event is to be held and the date(s) of the event.
D. The application shall state that the applicant will comply with this chapter and will abide by all rules and regulations thereof and the laws of the state for the protection of the health, safety and welfare of persons who may be employed in connection with the event, the patrons or participants thereof, and the public. (Ord. CE 08-01-27 (part))
5.04.050 Application—Fee.
A. The application shall be accompanied by the fee established by the board of county commissioners.
B. The license application fee shall not be refunded or waived, in part or in whole. (Ord. CE 08-01-27 (part))
5.04.060 Plans.
A. Application materials shall be submitted, within two business days after filing the application with the clerk of the board, to the Chelan-Douglas Health District, the fire chief of the fire protection district in which the event is to be held or the fire marshal for areas not within a fire protection district, the county engineer, the sheriff, and the prosecuting attorney. These submittals will request the approvals and verifications enumerated in DCC Sections 5.04.150 through 5.04.190.
B. All facilities to be used for the event shall be described in the application. Evidence of contracts for any rented facilities shall be submitted not less than five business days prior to the event. (Ord. CE 08-01-27 (part))
5.04.070 Bond or deposit.
A. No license shall be issued until the applicant deposits with the county treasurer cash or bond in an amount established by the board upon consultation with the county’s risk management official:
1. As an indemnity to save and protect the roads, 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 the event;
2. To restore the ground where the event is held if on county land; and
3. To pay the cost of employment of such county personnel as may be made necessary by the failure to prevent acts that are a violation of this chapter or any state law.
B. The cash or bond deposit may be used to defray the cost of such employment of county personnel as may be necessary to prevent acts that are a violation of this chapter or of any state law. Such costs and any other costs in excess of two hundred fifty dollars incurred by the county due to the event shall be recoverable from the principal and/or its surety.
C. The deposit or the balance thereof shall be returned to the depositor after the board has certified to the county treasurer that no damage has been done and no costs to the county have been incurred, or that such damage and/or costs have been paid.
D. No property damage bond or insurance in addition to or in excess of the requirements of this section shall be required. (Ord. CE 08-01-27 (part))
5.04.080 Liability insurance.
A. No license shall issue until the applicant supplies to the board a certificate evidencing a fully paid policy of personal injury liability insurance.
B. The policy limits of the insurance shall be established by the board upon consultation with the county’s risk management official. (Ord. CE 08-01-27 (part))
5.04.090 License approval or denial.
A. It shall be the policy of the board to approve or deny an application for a license within fifteen days of receipt thereof, and to deny no such application except for failure to meet a condition imposed by this chapter.
B. Each reviewing agency or official for which approval is required for issuance of a license pursuant to DCC Section 5.04.060 shall submit a notice of noncompliance or provisional approval to the board within ten business days after receipt of a copy of the application and plans.
C. Reviewing agencies and officials shall inspect facilities and verify facilities usage with the owners thereof.
D. Reviewing agencies and officials shall submit written notice of noncompliance or approval to the board not less than five business days before the event is to be held.
E. Any license issued shall be a provisional license until timely approval is received from reviewing agencies and officials in accordance with subsection D of this section.
F. If at any time any facility shall fail to meet the standards approved in the proposed plans, inspections and verifications, provisional and final approvals shall be withdrawn and any and all licenses granted subject to such approvals shall be void.
G. If the board denies an application for a license, such denial shall be made in writing and shall state the reasons therefor, and shall specify the remedial action necessary to overcome the denial.
H. No fee shall be charged by the county for any inspection or approval made or granted pursuant to this section. An applicant may be subject to inspection and approval fees by other government agencies or officials having jurisdiction. (Ord. CE 08-01-27 (part))
5.04.100 Transfer of license.
No license issued under this chapter shall be transferable or assignable. (Ord. CE 08-01-27 (part))
5.04.110 Posting of license.
Any license issued under this chapter shall be posted in a conspicuous place at the location of the event and remain posted until the event is concluded. (Ord. CE 08-01-27 (part))
5.04.120 Notice of requirements.
One copy of this chapter shall be mailed by the clerk of the board to each license applicant immediately upon receipt of an application for a license. (Ord. CE 08-01-27 (part))
5.04.130 License revocation—Statement of right.
Every license issued under this chapter shall state that such license is issued as a public safety, sanitary, and fire prevention measure, and that the right of the board to revoke such license for cause, without notice or formal hearing, is a condition of its issuance. (Ord. CE 08-01-27 (part))
5.04.140 License revocation—Grounds.
Any license granted under this chapter to conduct an outdoor event may be revoked without notice or formal hearing by the board upon its finding that any public safety, sanitary or fire regulation of this chapter or of state law has been violated by the licensee or any person acting to organize, promote or conduct the event, and such action shall be final and conclusive. (Ord. CE 08-01-27 (part))
5.04.150 Sanitation.
No license shall be issued until the applicant has submitted written verification from the Chelan-Douglas Health District documenting that adequate provisions are proposed to address the following: sanitary sewage, hand washing facilities, potable water, solid waste collection and disposal, food and beverage service, and other applicable matters under jurisdiction of the health district. (Ord. CE 08-01-27 (part))
5.04.160 Medical facilities and emergency response.
No license shall be issued until the applicant has submitted written verification from the Chelan-Douglas Health District and the sheriff documenting that adequate provisions to administer emergency first aid and respond to emergencies have been made. (Ord. CE 08-01-27 (part))
5.04.170 Fire protection.
No license shall be issued until the applicant has submitted written verification that the fire chief of the fire protection district in which the event is to be held has approved fire protection devices and equipment to be available at, in or near any building, tent, stadium or enclosure wherein or whereupon more than ten persons may be expected to congregate at any time during the event. Similar verification for proposals outside of a fire protection district shall be requested of the fire marshal. The fire marshal may require, among other appropriate mitigation measures, that the applicant contract with the nearest fire protection district for fire protection services. (Ord. CE 08-01-27 (part))
5.04.180 Traffic and parking.
A. No license shall be issued until the applicant has submitted written verification that an event traffic control plan has been approved by the sheriff and the county engineer. The plan shall address the use of traffic control personnel at specific intersections and parking areas, lane restrictions, and other issues deemed necessary by the sheriff and county engineer.
B. Every application for a license shall be accompanied by a scale drawing showing parking facilities adjacent or proximate to the location for which the license is requested. A showing of parking area of one acre for every one thousand persons reasonably expected to attend shall be conclusive evidence of fulfillment of this condition; provided, that should buses be used to transport persons to the event, it shall be shown that such parking is available at any site from which buses are to transport persons to the event. Traffic control persons employed by the applicant shall arrange the parking of cars around a network of lanes so arranged to facilitate the movement of any vehicles to or from the parking area. All parking areas must be maintained in a dust-free manner.
C. Private access drives shall be improved with a twenty-foot all-weather surface capable of supporting the imposed load of fire fighting apparatus, and as approved by the county engineer and the county fire marshal. (Ord. CE 08-01-27 (part))
5.04.190 Crowd control.
No license shall be issued until the applicant has submitted written verification that an event crowd control plan has been approved by the sheriff. (Ord. CE 08-01-27 (part))
5.04.210 Violation—Nuisance—Misdemeanor.
A. Compliance with the terms and conditions of this chapter constitutes minimum health, sanitation and safety standards.
B. Failure to so comply shall constitute a public nuisance and shall be subject to every criminal, civil and equitable remedy that may apply. Any person who violates or fails to comply with any provision of this chapter, or who counsels, aids or abets such violation or failure to comply, is guilty of a misdemeanor. (Ord. CE 08-01-27 (part))
5.04.220 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared for any reason to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. CE 08-01-27 (part))