Sec. 10-81. - Required.

No person shall operate, maintain, conduct, advertise, or sell or furnish tickets for an outdoor festival in the county unless he shall first obtain a license from the county to operate or conduct such festival.

(Ord. No. 70-11, § 2)

Sec. 10-82. - Application—Generally.

Application for a license to conduct an outdoor festival shall be made in writing to the clerk of the board of county commissioners at least 60 days prior to the time indicated for the commencement of the planned activity and shall be accompanied by a nonrefundable application fee of $100.00 and shall contain the following information:

(1)

The name, age, residence and mailing address of the person making said application. If the application is made by a partnership, the names and addresses of the partners must appear. Where the applicant is a corporation, the application must be signed by the president, vice-president, and secretary thereof and must contain the addresses of said corporate officer; and a certified copy of the articles of incorporation shall be submitted with the application.

(2)

A statement of the kind, character, or type of festival which the applicant proposes to conduct, operate or carry on.

(3)

The address or legal description of the place where the proposed festival is to be conducted, operated or carried on. Additionally, the applicant must submit proof of ownership of the place where the festival is to be conducted or a statement signed by the owner of the premises indicating his consent that the site be used for the proposed festival.

(4)

The date or dates and the hours during which the festival is to be conducted.

(5)

An estimate of the number of customers, spectators, participants and other persons expected to attend the festival for each day it is conducted.

(6)

The applicant shall provide names and addresses of anyone contributing, investing or having a financial interest greater than $500.00 in producing the festival.

(7)

At the time of making application the applicant shall arrange to be fingerprinted by the office of the county sheriff.

(Ord. No. 70-11, § 3)

Sec. 10-83. - Same—Festival plans.

A detailed explanation of the applicant's plans to provide security and fire protection, water supply and facilities, food supply and facilities, sanitation facilities, medical facilities and services, vehicle parking space, vehicle access and on-site traffic control, and, if it is proposed or expected that spectators or participants will remain at night or overnight, the arrangements for illuminating the premises and for camping or similar facilities shall accompany the application. The applicant's plans shall include what provisions shall be made for numbers of spectators in excess of the estimate, provisions for cleanup of the premises and removal of rubbish after the event has concluded. A plot plan showing arrangement of the facilities including those for parking, egress and ingress shall be submitted with said application.

(Ord. No. 70-11, § 4)

Sec. 10-84. - Same—Processing; hearing; notices.

Upon receipt of a complete application for a license under this article and the application fee, the clerk of the board of county commissioners shall set the application for public hearing at a regular meeting of the board of county commissioners, not less than 15 days nor more than 30 days thereafter, and shall give not less than ten days' written notice thereof to the applicant. He shall promptly give notice of hearing and copies of the application to the sheriff, the county health officer, and the county manager, who shall investigate the application and report in writing to the board of county commissioners not later than the hearing, with appropriate recommendations related to their official functions as to granting a license and conditions thereof.

(Ord. No. 70-11, § 5)

Sec. 10-85. - Grant or denial of license.

Based upon the testimony of the witnesses and evidence presented at said hearing, including the report of said department heads, the board of county commissioners shall grant the license required by this division, deny the license, or set conditions which must be met, or security given that they will be met, before a license may be granted. If conditions are imposed by the board the applicant shall furnish or cause to be furnished to said clerk proof that all conditions have been met before the license may be issued by said clerk.

(Ord. No. 70-11, § 6)

Sec. 10-86. - Issuance of license; fee; nontransferable.

When the county clerk certifies that conditions have been met for the issuance of a license under this division, the board of county commissioners shall, upon payment of $100.00 per day of operation, issue a license specifying the name and address of the licensee, the kind of festival licensed and the number of days' operation authorized. The licensee shall keep said license posted in a conspicuous place upon the premises at which the festival is conducted. No license issued pursuant to this division shall be transferable or removed to another location.

(Ord. No. 70-11, § 7)

Sec. 10-87. - Conditions.

At the hearing required under section 10-84, the board of county commissioners may establish conditions which must be met prior to the issuance of any license under this division, except that the board may take a matter under consideration before determining which conditions shall be imposed. Where the board takes a matter under consideration, written notice of any conditions imposed as prerequisite to the issuance of a license must be mailed to the applicant within 15 days of the original hearing. The conditions which may be imposed by the board of county commissioners pursuant to the county's general police power for the protection of health, safety, and property of local residents and persons attending festivals in the county, are as follows:

(1)

Police protection. Every licensee shall employ at his own expense, police protection. The number and type of officers shall be determined and specified by the county sheriff to provide for the protection of property in and around the place of the festival. Funds to employ this specified number of law enforcement officers at the current hourly salary rate for sheriff's deputies shall be deposited with the county at least ten days prior to the specified date the activity is to occur. A minimum of one law enforcement officer for every 500 persons expected to be in attendance shall be required.

Where the sheriff specified the employment of off-duty peace officers to meet the requirements of this division, said peace officers shall be under the complete direction and control of the sheriff. The sheriff must be satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to and following the event, before a license is issued.

(2)

Water facilities. Every licensee shall provide, from a water purveyor operating under a permit as required by regulations of the state division of health, an ample supply of potable water for drinking and sanitation purposes on the premises of the festival. Location of water facilities on the premises must be approved by the county health officer prior to issuance of a license.

The minimum supply of water to outdoor festivals shall be 15 gallons of water for each person in attendance per day. All water shall meet United States Public Health Service standards. Public and private flush-type water closets, lavatories and drinking facilities shall be required as determined by the county health officer. Sewage and drainage systems relating to such facilities shall meet the requirements of the state division of health and be subject to the prior approval of the county health officer and county building official.

(3)

Food concessions. Where the proposed festival is to be held a substantial distance from public eating places, food handling places or like establishments, applicant shall be required to demonstrate that food will be available at the premises for each day of operation to adequately feed the number of persons expected to be in attendance. Concessionaires must be licensed and operated under a valid health department permit pursuant to local ordinances and state laws. Every licensee shall provide at least one flush-type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation unless otherwise approved by the county health officer. Under no circumstances shall the county health officer allow such flush-type water closets and lavatories to be located more than 50 feet from the food concession or operation. All lavatories required in conjunction with food concessions and food operations shall be provided with hot and cold water under pressure which shall be dispensed by an approved type mixing faucet.

All sewage, sink waste and waste water from water closets, lavatories, sinks operated in connection with food concessions or food operation shall be disposed of to a public sewer or a sewage disposal system approved by the county health officer and county building official.

(4)

Sanitation facilities required. Every licensee shall provide at least one enclosed flush-type water closet facility marked "Men" and one such facility marked "Women" on the premises of a festival on the basis of one flush-type water closet for each 40 males and one for each 40 females expected to be in attendance. Urinals may be substituted for the required flush-type water closets for men on the ratio of one urinal and one flush-type water closet per 60 males.

a.

Lavatories provided with cold water under pressure, soap, and paper towels shall be provided on the basis of one lavatory for each 75 persons expected to be in attendance.

b.

Where flush-type water closets cannot be made available for the persons in attendance, the board of county commissioners may allow the use of portable chemical toilets. Such chemical toilets must meet the approval of the county health officer before any license may be issued. Chemical toilets shall be emptied and recharged at the licensee's expense as necessary pursuant to procedures established by the county health officer.

c.

The requirement for water flush-type water closets for food concessions, food operations and for the use of employees may not be waived.

d.

Every licensee shall be required to furnish at least one trash can with 36 gallon capacity with a tight-fitting lid for each 25 persons expected to be in attendance, an adequate supply of plastic bag liners to fit the trash receptacles shall be provided and each container shall at all times have a plastic bag liner inserted and when full it shall be tied, removed and a new plastic bag liner inserted. The pickup and removal of refuse, trash, garbage and rubbish shall be at least once a day and more often if required by the county health officer. A signed contract with a franchised refuse collector shall be submitted to the county health officer and a copy of same filed with the county health officer. Removal of all trash and refuse shall be at the licensee's expense.

(5)

Medical facilities. Where a proposed festival is expected to attract a large number of persons for a site located a substantial distance from adequate existing treatment facilities the applicant shall be required to provide emergency medical treatment facilities on the premises of the festival. Where the proposed festival is located close to adequate existing facilities the applicant shall provide as required by the county health officer emergency treatment facilities on the premises of the festival.

a.

The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff said facilities and the quantity of medical supplies, drugs, ambulances, and other equipment that must be on the site shall be approved by the county health officer prior to the issuance of any license under this chapter. The county health officer shall calculate the need for medical services, based on the number of persons expected to attend a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements.

b.

Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter, and other emergency vehicles to transport patients, or staff to appropriate on and off-site treatment facilities.

(6)

Parking areas. Every licensee shall provide adequate parking space for persons attending the festival by motor vehicle. Persons desiring to operate or conduct a festival may be called upon to provide a separate parking space for every two persons expected to attend the festival by motor vehicle. Such individual parking spaces shall be clearly marked and shall not be less than 12 feet wide and 20 feet long. The county building official must approve an applicant's parking plan before license shall be issued.

(7)

Access and parking control. Every licensee shall provide adequate ingress and egress to festival premises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to insure orderly flow of traffic into the premises from a highway or road which is a part of the county or state system of highways or which is a highway maintained by the state. A special accessway for fire equipment, ambulances and other emergency vehicles may be required. The director of the road department must approve the licensee's plan for ingress and egress before a license shall be issued. Additionally, any applicant may be required to show that traffic guards are under his employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area.

(8)

Hours of operation. All festivals which are subject to license under this article shall close and cease operation continuously between the hours of 2:00 a.m. and 6:00 a.m. of each and every day.

(9)

Illumination. Every licensee planning to conduct a festival after dark, or planning to allow persons who attend the festival to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied are lighted at all times. The director of building and safety must approve an applicant's lighting plan as a prerequisite to issuance of a license hereunder.

A licensee may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:

(10)

Overnight camping facilities. Every licensee authorized to allow persons who attend the festival to remain on the premises overnight shall provide camping facilities and overnight areas that meet the requirements of the county zoning regulations for mobile home parks, special occupancy trailer parks and campgrounds including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps. Such areas and facilities shall be approved by the county health officer and county building official prior to the issuance of any license.

(11)

Bonds. Any licensee may be called upon to post an indemnity bond and a performance bond in favor of the county in connection with the operation of a festival. Bonds required by this article must be approved by the board of county commissioners prior to the issuance of a license. An applicant may be required to submit a surety bond written by a corporate bonding company authorized to do business in the state, in a penal amount determined by the board of county commissioners. Said bond shall indemnify the county, its agents, officers, servants and employees and the board of county commissioners against any and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with said festival, and shall indemnify against loss, injury, and damage to both person and property. Additionally, the county may demand that applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the state, indemnifying the county and the owners of property adjoining the festival site for any costs necessitated for cleaning up and removing debris, trash or other waste from, in, and around the premises. Said bond shall be in an amount determined by the board of county commissioners.

(12)

Fire protection. Every licensee shall provide, at his own expense adequate fire protection as determined by the fire protection agency or agencies having jurisdiction where the event is to be conducted. If the event is located in a hazardous fire area as defined by the county sheriff, a suitable number of fire guards shall be employed by the licensee who shall be approved by the sheriff. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the sheriff. First aid and fire extinguishment equipment shall be provided as directed by the sheriff.

(13)

Financial statements. Each licensee shall be required to provide a financial statement to give assurance of the ability of the promoters and applicants to meet the conditions of the permit.

(14)

Communication. Licensee shall be required to establish a communication system for public use where ordinary communications are not available.

(15)

Miscellaneous. Any applicant may be required to meet any other condition prior to receiving a license to conduct a festival which is reasonably calculated as necessary to protect the health, welfare, and property of local residents and persons attending a festival.

(Ord. No. 70-11, § 8)

Sec. 10-88. - Grounds for denial; notice of denial.

(a)

After holding the required public hearing, the board of county commissioners may deny issuance of a license under this division if it finds any of the following:

(1)

That the applicant fails to meet the conditions imposed pursuant to this article.

(2)

That the proposed festival will be conducted in a manner or location not meeting the health, zoning, fire or building and safety standards established by this article or the laws of the state.

(3)

That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license or in any other document required pursuant to this article.

(4)

That the applicant, his employee, agent, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate, or manager has previously conducted the type of festival being applied for which resulted in the creation of a public or private nuisance.

(5)

That the applicant, his employee, agent, or any person associated with applicant as partner, director, officer, stockholder, associate, or manager has been convicted in a court of competent jurisdiction, by final judgment of:

a.

An offense involving the presentation, exhibition, or performance of an obscene production, motion picture or play; or of selling obscene matter;

b.

An offense involving lewd conduct;

c.

An offense involving the use of force and violence upon the person of another;

d.

An offense involving misconduct with children; or

e.

A felony offense.

(b)

Where the application is denied, the clerk of the board of county commissioners shall mail to the applicant written notice of denial within 14 days of said action, which notice shall include a statement of the reasons the application was denied.

(Ord. No. 70-11, § 9)

Sec. 10-89. - Complaints.

Any person may file a complaint with the clerk of the board of county commissioners or may petition the board to conduct a hearing concerning the revocation of any license. The clerk of the board shall notice the petition for hearing in accordance with the provisions of section 10-49.

(Ord. No. 70-11, § 10)

Sec. 10-90. - Revocation.

The board of county commissioners shall have the power to revoke any license, or to revoke and reinstate any license upon suitable conditions, when the following causes exist:

(1)

The licensee fails, neglects or refuses to pay to the board of county commissioners the fee prescribed by this article.

(2)

The licensee, his employee or agent, fails, neglects or refuses to fulfill any or all of the conditions imposed pursuant to this article.

(3)

The licensee allows the festival to be conducted in a manner which violates any law or regulation established by the ordinances of the county or the laws of the state.

(4)

The licensee allows the festival to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the festival while under the influence of intoxicating liquor, or any narcotic or dangerous drug.

(5)

The licensee, his employee or agent, is convicted of any of the offenses enumerated under section 10-88

(Ord. No. 70-11, § 11)

Sec. 10-91. - Notice of intent to revoke.

Notice of intent to revoke any license issued under this division shall be given and the licensee shall be entitled to a hearing. The clerk of the board of county commissioners shall give notice, setting forth the causes for revocation and shall state the time and place at which the matter of revocation will be heard before the board. Said notice shall be mailed not later than ten days prior to the date set for hearing. The board of county commissioners shall hear all interested parties and may revoke a license only for one or more causes enumerated by section 10-88.

(Ord. No. 70-11, § 12)