Sec. 10-26. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Musical or entertainment festival means any gathering of groups or individuals on private property for the purpose of listening to, watching or participating in entertainment which consists primarily of musical renditions conducted in open spaces not within an enclosed structure; however, a musical or entertainment festival shall not include a musical performance where overnight camping is not allowed or where attendance will not exceed 500 people.

Overnight camping means patrons are allowed to camp or sleep on the festival premises or otherwise to remain on the premises between the hours of 2:00 a.m. and 6:00 a.m. The term does not include festivals in which only festival personnel, security personnel, etc. are permitted to remain on the premises.

(Ord. No. 04-28, § 3, 7-13-04)

Sec. 10-27. - Purpose and applicability.

This article is enacted for the purpose of providing necessary regulations for any gathering of groups or individuals on private property for an event at which more than 500 persons are expected to temporarily gather, for the purpose of listening to, watching or participating in entertainment which consists primarily of musical renditions conducted in open spaces not within an enclosed structure, and where festival patrons are allowed to camp or sleep on the premises or otherwise to remain on the premises between the hours of 2:00 a.m. and 6:00 a.m.

(Ord. No. 04-28, § 3, 7-13-04)

Sec. 10-28. - Special entertainment permit

(a)

Special entertainment permit required. No person, firm, partnership, or corporation shall sell tickets to, stage, promote, conduct, or manage, in the unincorporated areas of the county a musical or entertainment festival unless he or she shall first secure from the board of county commissioners a special entertainment permit for such event. A musical or entertainment festival held at a publicly owned park or a venue that is publicly owned does not require a special entertainment permit. A musical or entertainment festival that prohibits patrons from camping overnight or remaining on the festival grounds between the hours of 2:00 a.m. and 6:00 a.m. does not require a special entertainment permit. A musical or entertainment festival where attendance is not expected to exceed 500 persons does not require a special entertainment permit.

(b)

Application; time for submission; determination of completeness. At least 60 days prior to the proposed start date of the festival, a written application, in the form provided by the county administrator, or his designee, shall be filed with the county administrator, or his designee, together with the information required by section 10-29. Upon filing of an application, staff shall have ten business days to determine whether it is complete. If staff finds that the application is not complete, they shall provide the applicant with written notice of the deficiencies within the ten-day period. Upon resubmission of the application, staff shall have five (5) additional business days to determine whether the applicant's revisions are sufficient to complete the application. If they are not, staff will again inform the applicant of any remaining deficiencies in writing. This process shall continue until the applicant has submitted a complete application, or demands in writing that the application be reviewed "as is."

(c)

Application fee. A fee of $500.00 shall be filed with each application, to offset the administrative costs of processing the application, which fee may be amended from time for time by resolution of the board of county commissioners. The fee is non-refundable, and will not be returned if an application is withdrawn or a permit is denied by the board.

(d)

Issuance or denial of permit. Upon determination by staff of a completed application, or an application that the applicant has demanded in writing be reviewed "as is," the board shall, within 30 days of the determination or demand, issue a special entertainment permit for the event at the time and location named in the application, except that the board shall deny the permit if:

(1)

The applicant:

a.

Has been convicted within the last three years preceding the date of the application of a violation of this article;

b.

Has been convicted within the last three years preceding the date of the application of a violation of an ordinance or law regulating events and similar activities;

c.

Is a successor entity to, or shares an officer, partner, or principal with, a person, firm, or corporation that:

1.

Has been convicted within the last three years preceding the date of the application of a violation of this article; or

2.

Has been convicted within the last three years preceding the date of the application of a violation of an ordinance or law regulating events and similar activities; or

d.

Is a person under 18 years of age.

(2)

The board determines the application is incomplete, unexecuted, or lacks required attachments or information;

(3)

Without regard to the content or message to be conveyed at the event, the use or activity for which a permit is sought would present an unreasonable danger to the health or safety of event attendees or the general public;

(4)

Granting the permit sought would conflict with an application for the same general time and geographical location which has been or will be granted to a prior applicant authorizing uses which do not reasonably permit multiple occupancy of the area;

(5)

The required application fee has not been paid; or

(6)

The board determines that the applicant has made a false representation in the application.

The board shall state the reason for denial of a permit on the record during a public meeting or in writing. Prior to denial of a permit application, the applicant shall have the opportunity to speak in a public meeting. Denials of permits may be reviewed as a matter of right by the circuit court for the county upon the filing of an appropriate pleading by the applicant, as provided by law.

(Ord. No. 04-28, § 3, 7-13-04)

Sec. 10-29. - Contents of application.

The following plans and information must be submitted with the written application for a special entertainment permit:

(1)

Food hygiene: A statement that each contract with a proposed temporary food service establishment will require that those vendors ensure that all state and local laws, rules, and ordinances concerning food hygiene will be followed, and specifically requiring the vendor to provide the notifications required by FAC 64E-11.009 to the county health department at least three days prior to the scheduled start of the event.

(2)

Wastewater collection and disposal: Plans showing either (1) municipal sewer and permanent sanitary facilities permitted by the department of environmental protection are available at the site, or (2) a statement that the applicant will contract with a portable toilet service company. The statement must provide that the minimum number of portable toilets and hand washing facilities required by FAC 64E-6 will be provided on site, the date the facilities will be on the event site, and the service frequency, which may be "daily, or as often as needed to maintain and ensure sanitary conditions, whichever is greater." Further, the applicant must provide a statement that provision has been made for holding tank(s) of the minimum required capacity for the collection and the appropriate disposal of the proposed food service operations' wastewater and the wastewater from hand washing facilities and, if applicable, self-contained showers. The statement must provide that the number of portable toilets, hand-washing facilities, the number and volume of holding tanks, and service frequencies shall be in compliance with the minimum requirements specified in chapter 64E-6 of the Florida Administrative Code. Copies of contracts with vendors hired to provide the services may be submitted instead of the statements required by this subsection, providing that the contracts demonstrate that the facilities to be provided meet the requirements outlined above.

(3)

Potable water supply. The applicant shall submit a statement that free drinking water, from an approved source pursuant to FAC 64E-11.007, will be available to the public attending the event, at all times.

(4)

Garbage and refuse collection and disposal: Applicants must provide a statement that garbage and refuse will be disposed by dumpster and must state that the event site will be cleaned and litter, refuse, and debris disposed of, within 14 days of the conclusion of the event.

(5)

Camping areas: Applicants must submit a statement providing the estimated number of campers that will camp on the site during the event. Applicants must provide a statement that construction and/or operation of homemade toilet and shower facilities will be prohibited and that campers will be notified of the prohibition, by posting a sign or otherwise. Applicants must provide a statement that self-contained showers for the use of the campers will be provided at the ratio of one self-contained shower for every 1,500 patrons that camp for more than one night. "Self-contained shower" means a shower designed to collect and store the wastewater produced.

(6)

Public swimming pools and bathing places: The applicant must provide a statement that either (1) bathing and swimming in bodies of water on the site is allowed because under FAC64E-9 there is a permit to operate as a public swimming pool or a public bathing area, or (2) swimming or bathing in bodies of water on the site will be prohibited and that attendees will be notified of the prohibition.

(7)

Scaled site plan: Applicants shall submit a site plan or scaled rendering of the proposed event location, showing the location of the following areas and facilities: drainage facilities, location of camping areas, location of food service vendors, location of portable toilets, location of hand washing facilities, locations of potable and drinking water supply stations, location of holding tanks for wastewater, locations of garbage and refuse dumpsters, location of showers, location of emergency services personnel, command post, public entrances and exits, methods and/or areas of ingress and egress through the site by law enforcement and other public service vehicles, stage, areas off limits to attendees, fire lanes throughout the site, a helicopter landing area, and parking areas.

The helicopter landing zone shown on the site plan must be of a minimum dimension of 100 feet by 100 feet and be located in an area pre-approved by the county's emergency services director or his/her designee. The location of fire lanes shown on the site plan must be pre-approved by the county's fire marshall or his/her designee.

An aerial map is preferred as a site plan, but not required. To the extent one or more of the areas or facilities listed above are not applicable to the event, the applicant shall note such on the face of the site plan, rendering, or map. A numbering system or legend shall be used to identify the locations of required areas and facilities on the site plan.

(8)

Emergency services: Applicants must provide a statement that the following fire and EMS resources will be on site during all time periods attendees are allowed on the event premises:

a.

Events for which 0—9,999 people are expected to attend, or are in attendance, whichever is greater: One advanced life support (ALS) ambulance staffed with one paramedic and one EMT;

b.

Events for which 10,000—14,999 people are expected to attend, or are in attendance, whichever is greater: One advanced life support (ALS) ambulance staffed with one paramedic and one EMT and one BLS ambulance staffed with two EMTs;

c.

Events for which 15,000—19,999 are expected to attend, or are in attendance, whichever is greater: One advanced life support (ALS) ambulance staffed with one paramedic and one EMT; One ALS ambulance staffed with two paramedics and one EMT; one BLS ambulance staffed with two EMTs; one supervisor in addition to the individual personnel assignments to the ambulances, for the purpose of coordinating these resources.

d.

Events for which 20,000—24,999 people are expected to attend, or are in attendance, whichever is greater: One advanced life support (ALS) ambulance staffed with one paramedic and one EMT, One ALS ambulance staffed with two paramedics and one EMT; two BLS ambulances staffed with two EMTs each; one supervisor in addition to the individual personnel assignments to the ambulances, for the purpose of coordinating these resources.

e.

Events for which 25,000 or more people are expected to attend, or are in attendance, whichever is greater: One advanced life support (ALS) ambulance staffed with one paramedic and one EMT; One ALS ambulance staffed with two paramedics and one EMT; two BLS ambulances staffed with two EMTs each; one supervisor in addition to the individual personnel assignments to the ambulances, for the purpose of coordinating these resources. Also, for every 5,000 people expected above 25,000, two paramedics and one additional EMT with all affiliated medical equipment will be required. These additional paramedics may work from existing ambulances. Also, for every 10,000 people expected above 25,000, one additional ALS ambulance and one BLS ambulance staffed with two EMTs and an additional supervisor uncommitted to any other assignment to assist in the coordination of resources will be required.

(9)

Law enforcement or security: Applicants must provide a statement that four law enforcement officers and one security officer (three law enforcement officers and two security officers if the security officers or licensed and bonded, or if alcohol is prohibited on festival grounds) for every 1,000 persons expected to attend, or in attendance, whichever is greater, will be maintained at all times during the event, and that ingress and egress through the site for law enforcement/security vehicles will be maintained for all time periods attendees are allowed on the premises.

(10)

Wrecker: Applicants must provide a statement that at least one wrecker will be stationed at the event site at all times attendees are allowed on the event premises, and at all time attendees are reasonably expected to arrive or leave the event.

(11)

Fire lanes: Applicants must provide a statement that fire lanes will be kept clear during the event, that the site will be plainly marked for fire lanes, and that the site will be patrolled to maintain the integrity of the lanes at all times during the event.

(12)

Emergency helicopter landing: Applicants must provide a statement that at least one landing area for emergency use by a helicopter will be kept clear during the event and during times persons are entering and exiting the event, that the site will be plainly marked for the helicopter landing, and that the site will be patrolled to maintain the integrity of the landing area at all times during the event and during times persons are entering and leaving the event.

(13)

Command post: Applicants must submit a statement that a designated area with operable phone service will be used as a command post facility, and that a copy of the permit and application will be kept in the command post at all times during the event.

(14)

Lighting: If attendees may be reasonably expected to arrive or leave the event before sunrise or after sunset, the applicant must provide a statement that overhead and area lighting will be provided for the public entrances and exits, the helicopter landing pad, the fire lanes, and the ingress/egress areas through the site reserved for law enforcement or other public service vehicles. The statement must provide that the lighting will, at a minimum, provide lighting measured at three footcandles at face level with vertical illuminance uniformity ratios no higher than 5:1.

(15)

Swimming: If the site contains any body of water permitted as a public swimming pool or bathing area, the applicant must provide a statement that lifeguard facilities will be provided and that at least one certified lifeguard will remain on duty during the period of sunrise to sunset. The statement must also provide that attendees will be informed in advance that swimming is prohibited after sunset or before sunrise, and the statement must provide that the event site will be patrolled to prevent swimming during these periods.

(16)

Indemnity agreement: Applicants shall provide an indemnity agreement to the county, in a form approved by the county administrator, or his designee, and the county attorney's office. In the agreement, the applicant shall indemnify, defend, and hold harmless the county and all of its agents and employees from any claim, loss, damage, costs, charge, or expense, including attorney's fees and costs, arising from or in connection with: the festival; and any condition created by the festival; any act, omission or negligence of applicant or any of applicant's licensees or the partners, directors, officers, agents, employees, invitees, or contractors of applicant or of applicant's licensees. Applicant shall expressly indemnify the county for the consequences of any negligent act or omission of the county, its agents, servants and employees, except that applicant will not be liable under this provision for damages arising out of the injury or damage to persons or property directly caused or resulting from the sole negligence of the county or any of its agents, servants or employees. Applicant's obligation to defend and indemnify shall not be excused because of applicant's inability to evaluate liability or because applicant evaluates liability and determines applicant is not liable or determines the county is solely negligent. Only a final adjudication or judgment finding the county solely negligent shall excuse performance of this provision by the applicant. If a judgment finding the county solely negligent is appealed and the finding of sole negligence is reversed, applicant will be obligated to indemnify the county for the cost of the appeal(s). Applicant shall pay all costs and fees related to this obligation and its enforcement by the county. This provision shall also pertain to any claims brought against the county by any employee of applicant, contractor, subcontractor, or anyone directly or indirectly employed by any of them. Applicant's obligation under this provision shall not be limited in any way by applicant's limit of or lack of sufficient insurance protection.

(17)

Insurance: Applicant shall procure and maintain for the duration of the festival insurance as provided herein, and shall furnish certificate(s) of insurance in a form approved by the county administrator, or his designee. The certificate(s) shall clearly indicate the applicant has obtained insurance of the type, amount, and classification required for strict compliance with this article and that no reduction in coverage or in limits, suspension, or cancellation of the insurance shall be effective for the duration of the festival. A person authorized by that insurer to bind coverage on its behalf shall sign the certificate(s). The county administrator, or his designee, reserves the right to require complete, certified copies of all required policies, at any time. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits for the duration of the festival. Neither approval by the county nor a failure to disapprove insurance certificates or policies furnished by applicant shall release applicant of full responsibility for all liability or its indemnity obligations to the county under this article.

All insurance policies shall be issued by responsible companies authorized to do business under the laws of the state, have an "A" policyholders' rating, have a financial rating of at least class VIII in accordance with the most current Best's Key Rating Guide and shall be satisfactory to the county administrator, or his designee. The minimum kinds and limits of coverage to be carried by applicant shall be as follows:

a.

Comprehensive general liability: Shall include premises and/or operations, broad form property damage, independent contractors, and contractual liability, and shall be written on an "occurrence basis."

Bodily injury and personal injury, including death: $1,000,000 each person, $2,000,000 aggregate.

Property damage: $1,000,000 each occurrence, $2,000,000 aggregate.

b.

Comprehensive automobile liability, if autos used as part of the event: Comprehensive automobile liability shall included owned vehicles, hired, and non-owned vehicles, and employees' non-ownership.

Bodily injury and personal injury, including death: $1,000,000.00 combined single limit,

Property damage: $1,000,000.00 combined single limit

c.

Workers' compensation and employer's liability: If the state workers' compensation law applies to the applicant's operations, the applicant shall provide coverage for all employees. The coverage shall be for the statutory limits in compliance with the applicable state and federal laws. The policy must include employer's liability with a limit of $100,000 each accident. The applicant shall agree to waive all rights of subrogation against the county, its officials, agents and employees for losses relating to or in connection with the event and/or arising from the premises.

(18)

Landowner release: The applicant for a permit required under this article must provide a statement in writing from the owner of the fee title in and to the lands the applicant intends to use during the event certifying that permission to use the land has been obtained for the proposed dates, location, and times of the event.

(19)

Times, dates, location, and attendance: The applicant must provide a statement of the proposed start and end times for the event, the exact location of the event, the expected number of patrons, and the maximum number of patrons the applicant will permit or allow at the festival.

(20)

Persons responsible: The applicant must provide a statement listing his or her name, address(es), and the contact numbers (including applicant's cell phone or Nextel numbers, if any) where he or she can be reached before, during, and for 30 days after the festival.

(Ord. No. 04-28, § 3, 7-13-04)

Sec. 10-30. - Letter of credit.

The permit holder shall deliver to the county, within five business days of the issuance of a special entertainment permit, a $50,000.00 letter of credit in a form approved by the county administrator, or his designee, and the county attorney's office. The letter of credit shall be drawn on a bank authorized to do business in the state with a branch located in the county, and shall be effective and irrevocable from the start date of the festival to 60 days from the last date of the festival. The letter of credit shall guarantee that the permit holder shall pay upon demand to the county all costs incurred in connection with the festival for (1) law enforcement or other public services in excess of normal operations expended by the county to preserve public health, order and safety; and (2) removal of all debris, paper, litter or trash left by persons connected with the event within seven days of the end of the festival.

(Ord. No. 04-28, § 3, 7-13-04)

Sec. 10-31. - Record of number in attendance.

The permit holder shall keep an accurate accounting of the number of persons in actual attendance at the event, and shall report such information to the county upon request. In no case does this section permit or excuse attendance in excess of the maximum allowed by law, other local ordinance, or as stated in the permit holder's application under section 10-29.

(Ord. No. 04-28, § 3, 7-13-04)

Sec. 10-32. - Permit requirements cumulative; compliance with other laws and regulations.

The special entertainment permit required by this article shall be in addition to any other permits of licenses required by law, including occupational licenses required under section 102-84 of this Code. The staging, advertising, promotion, management, or conduct of events shall be in full and complete compliance with all zoning and land use laws, beverage license laws, and other laws, ordinances, and regulations applicable to such activities in the county.

(Ord. No. 04-28, § 3, 7-13-04)

Sec. 10-33. - Provision of sanitary facilities and compliance with other health regulations; inspections and access to the event.

The permit holder shall provide and keep in proper working order during the entire term of the event the minimum number of toilets, sinks, showers, and water facilities required by ordinance or the Florida Administrative Code. All regulations of the health department, specifically those in the Florida Administrative Code, shall be observed.

Site inspections or investigations by the the county health department staff necessary to verify compliance with sanitation requirements shall be allowed at any time before, during, or after the event. Upon presentation of a county, state, or other government identification, such staff shall be provided access to the extent necessary to conduct required inspections relating to sanitation. The the county health department shall confine inspections of backstage areas, or other areas off-limits to patrons, to times before the festival begins or other times when there are no performances occurring, except in cases of a suspected immediate, serious threat to public health.

(Ord. No. 04-28, § 3, 7-13-04)

Sec. 10-34. - Disorderly conduct, illegal activities, public nuisances.

(a)

No permit holder shall engage in, encourage, or aid other persons to engage in, disorderly conduct or illegal activities prohibited by the laws of this state on the property used in connection with the event, nor operate or permit the operation of the event in such a manner as to constitute a public nuisance.

(b)

For the purposes of this article, a "public nuisance" shall include, but is not limited to, making or causing to be made any noises violate chapter 66 of the the County Code of ordinances.

(Ord. No. 04-28, § 3, 7-13-04)

Sec. 10-35. - Violations and penalties.

(a)

Any permit holder violating any provision of this article shall be punished by a fine of not more than $500.00, or 60 days in jail, or both. Enforcement of this article shall be in accordance with section 1-6 and 1-11 of this Code.

(b)

Violations of this article include, but are not limited to, the following acts or omissions by a special entertainment permit holder:

(1)

Deviation or violation of or from the plans submitted in the application upon which a special entertainment permit was granted by the board. Each deviation or violation is a separate offense;

(2)

Failure to timely notify the county, in writing, of any material changes to information submitted in the application;

(3)

Any material misrepresentation in the application for the permit. Each misrepresentation is a separate offense;

(4)

Any falsehood in the application for the permit. Each falsehood is a separate offense;

(5)

Failure to permit access to the event premises or to an area of the premises to a government employee seeking entry onto the premises to conduct a necessary inspection related to protection of public health or safety. Each refusal to permit unrestricted access is a separate offense as to each government employee seeking entry;

(6)

Engaging in, encouraging, or aiding disorderly conduct, illegal acts, or public nuisances on event premises. Each act of disorderly conduct and each illegal act engaged in, encouraged, or aided is a separate offense;

(7)

Allowing or permitting attendance in excess of that allowed by law, local ordinance, or in excess of the maximum stated in the applicant's plans submitted to the board;

(8)

Failure to submit attendance information upon request by the county administrator or his designee;

(9)

Failure to provide a letter of credit or to condition it as required by section 10-30

(10)

Failure to complete cleanup of all debris, paper, litter, or trash from the premises on which the event was held within seven days of the designated conclusion time of the event;

(11)

Failure to obtain additional permits or licenses as required by law, in connection with the operation of the event; and

(12)

Failing to provide the required minimum numbers of working sanitation devices throughout the duration of the event.

(c)

In addition to other remedies, the county may bring suit to restrain, enjoin, or otherwise prevent violation of this article in any court of competent jurisdiction, or to recover costs and fees incurred by the county in whole or in part because of violation of this article.

(Ord. No. 04-28, § 3, 7-13-04)

Sec. 10-36. - Liberal construction.

The provisions of this article shall be liberally construed in order to effectively carry out the purpose of this article in the interest of the health, welfare, and safety of the public.

(Ord. No. 04-28, § 3, 7-13-04)

Secs. 10-37—10-50. - Reserved.