Chapter 9.08
OUTDOOR PUBLIC MUSICAL ENTERTAINMENTS, AMUSEMENTS, AND ASSEMBLIES
Sections:
9.08.020 Permit required—Fee— Regulation.
9.08.030 Permit application—Procedure.
9.08.040 Submission of plans for approval—Approving agencies.
9.08.050 Penal bond—Bond of indemnity.
9.08.070 Investigation of applicant— Compliance with rules and regulations.
9.08.010 Basic clause.
It shall be 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 100 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.
9.08.020 Permit required—Fee—Regulation.
No public amusement, entertainment or assembly may be held in Skagit County outside the limits of incorporated cities and towns unless the person or persons sponsoring said rock, music, band and/or youth festival shall first obtain a permit as hereinafter provided, and shall comply with all regulations herein provided and that the fee for such permit to meet the cost of administering the same shall be $500.00 for each event.
No license shall be available for an event of more than one (1) day’s duration. No license shall be issued for consecutive days to the same sponsors for the same event on the same premises.
9.08.030 Permit application—Procedure.
Written application for amusement, entertainment or assembly permits shall be made to the Skagit County Board of County Commissioners and said application must be submitted ninety (90) or more days prior to the first day upon which said amusement, entertainment or assembly is to be or may be held. Approval of permits as herein provided for shall be made within sixty (60) days after application therefor unless such permit shall be denied. Permits shall not be denied provided requirements provided in SCC § 9.08.070 are met by the applicant. Denial of the permit 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 ten (10) days of the denial.
9.08.040 Submission of plans for approval— Approving agencies.
Whenever approval by a County government agency other than the Skagit County Board of County Commissioners is required hereunder, application for such approval shall be made in the same manner at the times proved in SCC § 9.08.040 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 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 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.
9.08.050 Penal bond—Bond of indemnity.
No permit shall be issued hereunder until the applicant has on deposit with the Skagit County Treasurer the sum of twenty-five thousand dollars ($25,000.00) 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 damages 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 development of additional county personnel, such added expense shall be recoverable from the principal and/or its surety. The deposit or its balance shall be returned when the Skagit County Sheriff certified 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 have been paid by the licensee.
9.08.060 Conditions.
(1) No permit for an entertainment, amusement, or assembly shall be granted unless the application is accompanied by the written approval of the Skagit County Health Department indicating that the applicants for said permit have complied with the health requirements of said department for like or similar facilities. Said approval shall indicate the type and adequacy of water supply to be provided, the type and adequacy of toilet, waste collection and washing facilities to be provided, and if there is to be food served on the premises the type and adequacy of food preparation and food service facilities to be provided.
(2) Fire Protection: No permit shall be granted hereunder unless the applicant has shown that the Washington State Fire Warden or Washington State Fire Marshall has approved fire protection devices and equipment available at, or near any building, tent, stadium or enclosure wherein or whereupon more than ten (10) persons may be expected to congregate at any time during the course of such entertainment, amusement or assembly for which a permit is hereunder required.
(3) Traffic Control - Police Protection: No permit shall be granted hereunder unless it shall be in an application to the Skagit 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 (1) traffic control person for each one-hundred (100) persons expected or reasonably expected to be in attendance at any time during the event. There shall be provided one (1) crowd control person for each one-hundred (100) persons expected or reasonably expected to be in attendance at any time during the event. It shall be the duty of such policing personnel to report any violation of the laws to the Skagit County Sheriff or his deputies.
(4) Parking: Application for a permit under this title shall be accompanied by scale drawing showing adequate parking facilities having been available adjacent to the location for which the permit is requested. Such parking facility shall provide parking space for one (1) vehicle per every four persons expected or reasonably 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.
(5) Inspection: No permit shall be granted hereunder unless the applicant shall in writing upon the application for such a 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.
(6) Location: No amusement, entertainment or assembly shall be operated in a location which is closer than one-thousand (1,000) yards from any schoolhouse, church, house, residence or other human habitation.
9.08.070 Investigation of applicant— Compliance with rules and regulations.
No application for an entertainment, amusement or assembly permit shall be issued until the Skagit County Board of County Commissioners shall have had an investigation and report by the Sheriff of Skagit County, as to the character and reputation of the applicant or applicants, and his or their fitness to conduct such business; and whether the location or place to be used as a site for an entertainment, amusement or assembly conforms to all rules and regulations of this Chapter and the state law, particularly in regard to fire, health, ventilation, lighting, sanitary conditions, and toilet conveniences.
Every application shall be accompanied by the fingerprints, and 3″x 5″ photograph and a sworn statement or statements setting forth the complete personal history, including the last preceding ten (10) years from the date of application of each and every person having any proprietary interest in said licensed activity. The Skagit County Sheriff shall be empowered to obtain adequate photographs of all persons having any proprietary interest.
9.08.075 Variances.
Variances from the provisions of this chapter may be authorized in specific cases where such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.
It shall be the duty of the Board of County Commissioners to hear and decide on all variance requests.
(1) Application Procedures. A variance from the terms of this chapter shall not be considered unless and until a written application for a variance is submitted to the county containing:
(a) Name, address and phone number of applicant;
(b) Name and notarized signature, address and phone number of legal owner of subject property;
(c) Legal description of property;
(d) Date of the proposed event;
(e) Description of variance being requested;
(f) A narrative statement demonstrating that the requested variance conforms to the following standards:
(i) That special conditions and circumstances exist which are peculiar to the event, land, structure, or building involved and which are not applicable to other events, lands, structures, or buildings in the same area,
(ii) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties under the terms of this chapter,
(iii) That the special conditions and circumstances do not result from the actions of the applicant,
(2) Public Hearing and Notification. The Board of County Commissioners shall hold a public hearing on all variance requests. Notification of such hearings shall follow the same procedure as outlined in Section 14.04.150(3)(d) of this code.
(3) Conditions of Variance.
(a) The Board of County Commissioners shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the proposed event.
(b) The Board of County Commissioners shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to public welfare.
(c) Under no circumstances shall the Board of County Commissioners grant a variance to allow a use not permissible under the terms of this chapter, or any use expressly or by implication prohibited by the terms of this chapter.
(4) General Conditions and Safeguards. In granting any variance, the Board of County Commissioners may prescribe such conditions and safeguards as are necessary to secure adequate protection for the locality in which the use is to be permitted. (Ord. 12398, 1990)
9.08.080 Enforcement.
The Sheriff or any peace officer is hereby authorized and directed to see that all provisions of the state law and these rules and regulations are enforced, and that all grounds and any building, room or other structure wherein any permittee hereunder conducts his business shall at all times be left to inspection by the Sheriff, his deputies, or any peace officer.
9.08.090 Violation—Penalty.
Any person who shall violate or fail 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 gross misdemeanor and shall, upon conviction thereof, be fined in the sum of not more than one thousand dollars ($1,000.00) or imprisoned in the County Jail for not more than one (1) year, or both. Such violation if committed by the permittee or those persons working in his behalf shall work an automatic forfeiture of not less than one thousand dollars ($1,000.00) of the bond provided for in § CC S 9.08.050. Compliance shall constitute minimum health, sanitation and safety provisions and failure to comply with the terms and conditions shall constitute a public nuisance and shall be subject to all criminal, civil and equitable remedies as such.
9.08.100 Severability.
If any section of this Chapter or its application to any person or circumstances is held invalid, the remainder of this Chapter, or the application of the Section to other persons or circumstances is not affected. (Ord. 5213, 1970; 37 CJ 335)