Chapter 4.05


4.05.010    Permit required.

4.05.020    Permit application.

4.05.030    Permit fee.

4.05.040    Submission of plans for approval – Approving agencies.

4.05.050    Conditions.

4.05.060    Hours of operation.

4.05.070    Failure to comply.

4.05.080    Penalties.

*Cross reference(s) – Business licenses, ch. 5.01 et seq.; noise control, ch. 8.05.

State law reference(s) – Outdoor music festivals, RCW 70.108.010 et seq.

4.05.010 Permit required.

It shall be unlawful for any person, corporation, 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 person, corporation, landowner or lessor believes or has reason to believe will attract two hundred fifty (250) or more persons and where a charge or contribution is required for admission unless a valid city permit has been obtained for the operation of such assembly. Such assembly may be advertised by the sponsors and/or organizers thereof after application for such permit has been made.

(Ord. No. 1618, § 1. Formerly Code 1986, § 5.24.010)

4.05.020 Permit application.

Written applications for outdoor musical amusements, entertainment or assembly permits shall be made to the city clerk forty (40) days or more prior to the date upon which such assembly is scheduled to be held. Written notice of approval or disapproval of such application shall be given to the applicants no less than fifteen (15) days after the application has been filed. Permits shall not be denied if the conditions enumerated in this chapter are met by the applicant. No permit may be granted to anyone who has been convicted of a felony or a crime involving moral turpitude. Each application shall be accompanied by the fingerprints and a three (3) inch by five (5) inch photograph of the applicant and every person having any proprietary interest in the activity. The city clerk shall be empowered to obtain adequate photographs of all persons having any proprietary interest.

(Ord. No. 1618, § 2. Formerly Code 1986, § 5.24.020)

4.05.030 Permit fee.

The basic fee required shall be one hundred dollars ($100) for each event. No permit shall be granted for a period of more than one (1) day expiring at midnight of that day. 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. No. 1618, § 3. Formerly Code 1986, § 5.24.030)

4.05.040 Submission of plans for approval – Approving agencies.

Whenever approval by a governmental agency other than the city is required in 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 fifteen (15) days time limit set out in this chapter. 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 (5) 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 with 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. No. 1618, § 4. Formerly Code 1986, § 5.24.040)

4.05.050 Conditions.

A. Condition number 1. Location. No permit for an outdoor musical assembly shall be granted unless the assembly is to be held in those areas of the city which have been zoned for parks and recreational purposes. A permit may be granted for other areas if a zoning variance has been granted in advance by the city council for such location.

B. Condition number 2. Sanitary facilities. No permit shall be granted unless the applicants obtain the written approval of the health officer of the city, indicating that the applicants for the permit have complied with the health requirements of the city for like or similar facilities. The approval shall indicate the type and adequacy of water supply; toilet, waste collection and washing facilities to be provided. If there is to be food service on the premises, the type and adequacy of food preparation and food service facilities shall be provided.

C. Condition number 3. Fire prevention standards. No permit shall be granted unless the applicant has shown the fire chief approved fire protection devices and equipment available at such assembly. Fire prevention standards shall be as set out in KCC Title 13, relating to fire prevention and protection.

D. Condition number 4. Cash bond and indemnification. No permit shall be issued unless the applicant has on deposit with the city a cash bond in the amount as set out in subsections (D)(1) through (D)(4) 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 the streets, pavements, bridges and other property. Any extraordinary law enforcement costs incurred by the city which are the result of such activity shall be met by such cash bond. The amount of such cash bond shall be determined as follows:

1. For gatherings of 0 to 10,000 persons, a cash bond of $5,000;

2. For gatherings of 10,000 to 20,000 persons, a cash bond of $7,500;

3. For gatherings of 20,000 to 30,000 persons, a cash bond of $10,000; and

4. For gatherings over thirty thousand (30,000), the cash bond shall be raised in increments of two thousand five hundred dollars ($2,500) for each additional ten thousand (10,000) persons expected.

The deposit or its balance is to be returned when the city clerk certifies that no damage has been done or that the cost of making the above-mentioned repairs was less than the cash bond amount and that the balance thereof should be returned. The sponsors shall be required to furnish evidence of a liability insurance policy, naming the city as an additional insured; providing for coverage in the amounts determined by the city risk manager which amounts shall not be less than one hundred thousand dollars ($100,000) bodily injury coverage per person; three hundred thousand dollars ($300,000) bodily injury coverage per occurrence and one hundred thousand dollars ($100,000) property damage.

E. Condition number 5. Public safety. No permit shall be granted unless the applicant obtained the written approval of the police department indicating that the following conditions have been complied with by the applicant:

1. Adequate traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant.

2. Traffic control and crowd control personnel shall be licensed merchant patrolmen or named persons meeting the police department’s requirements for becoming patrolmen.

3. There shall be one (1) traffic control person for each four hundred (400) persons expected or reasonably to be expected to be in attendance at any time during the event.

If at any time during the event the size of the crowd exceeds by twenty (20) percent the number of persons expected to be in attendance, the police department shall have the discretion to require the sponsor to limit further admissions. Any person with more than a ten (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 such person is violating state or city laws. Any such person having a duty to remove law violators who willfully fails to do so shall be deemed to be an aider or abettor of such violation.

F. Condition number 6. Parking facilities. Application for a permit hereunder 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 space for one (1) vehicle for every four (4) 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. If any nonadjacent parking facilities are approved, buses shall be used to transport the public to the event on a no-charge basis.

(Ord. No. 1618, § 5. Formerly Code 1986, § 5.24.050)

4.05.060 Hours of operation.

No outdoor musical assembly shall be conducted in the city limits during the hours of 12:01 a.m. and 9:00 a.m. No permit shall be issued for more than one (1) twenty-four (24) hour period ending at midnight. The participants shall be required to have cleared the area and its immediate environs no later than 1:00 a.m. of the day following the event.

(Ord. No. 1618, § 6. Formerly Code 1986, § 5.24.060)

4.05.070 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. No. 1618, § 8. Formerly Code 1986, § 5.24.080)

4.05.080 Penalties.

Any person who shall violate or fails to comply with any provision of this chapter, or who shall counsel, aid or abet such a violation or failure to comply, shall be deemed guilty of a misdemeanor.

(Ord. No. 1618, § 7. Formerly Code 1986, § 5.24.070)