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HomeMy WebLinkAbout1074BUTTE COUNTY ORDINANCE N0. 1074 AN ORDINANCE OF THE COUNTY OF BUTTE REGULATING AND LICENSING OUTDOOR FESTIVALS s 1 2 3 4 5 6 I 8 9 10 Z1 12 z l~k 15 16 17 18 19 2d 21 22 23 24 25 26 27 28 29 30 31 32 THE B(}ARD OF SUPERVISORS of the County of Butte, State of California, do ordain as follows: That the Butte County Code is hereby amended by adding Article III to Chapter 12, as follows: "Sec. 12-25. Outdoor festivals defined For the purpose of this article, outdoor festivals shall mean and include any outdoor gathering of individuals for the purpose of participation in "rock" dances and similar musical and/ or theatrical type performances which are of a periodic nature and to which the public is admitted with or without the payment of admission charges. An outdoor festival does not include any festivities conducted under the auspices of a school district, recreation district, or a County Memorial Hall. Sec. 12-26. Application fcr license and fee ~' It shall be unalwful for any individual, partnership or corporation to operate, maintain, conduct, advertise, sell or furnish tickets or other types of written authority for admission to an outdoor festival in the unincorporated area of the County of Butte, California, unless he, they or it shall first obtain a license from the County of Butte to operate or conduct such festi- val. Application for a license to conduct an outdoor festival shall be made in writing to the Board of Supervisors of the Count of Butte, accompanied by a non-refundable application fee of $100.00 and filed with the County Tax Collector and shall contain the following information: (1) The name, age, residence, mailing address and tel number of the applicant. If the application is made by a partner-~ ship, the names and addresses of all general partners shall be included. If the applican~.is a corporation, the application shall be signed by the president and attested to by the secretary I G~r/~' 1 thereof and shall contain the names and addresses of all corporate 2 officers and a certified copy of the articles of incorporation 3 shall be attached to the application. The address and telephone 4 number of the principal place of business of the applicant shall 5 also be included in the application. 6 (2) The location and legal description of the premises 7 where the outdoor festival is proposed to be conducted, including g all lands to be used for parking or other uses incidental to the g outdoor activity. The applicant shall submit proof of ownership 10 of said premises for the written consent of all owners thereof fox 11 the proposed use. '12 (3) The date or dates and the hours during which the festi- 13 vat is to be conducted. 14 (4) An estimate of the maximum number of spectators, parti- 15 cipants and other persons expected to attend the outdoor festival 16 for each day it is conducted. 17 (5} A detailed explanation of the applicant's program and 18 plans to provide security protection, water supply, food supply, 19 sanitation facilities, medical facilities and services, vehicle 20 parking space, vehicle access and on site traffic control, and if 21 it is proposed or expected that spectators or participants will 22 remain at night or overnight, the arrangements for illuminating tt 23 premises and for camping or similar facilities, applicant's plans 24 to provice for numbers of spectators in excess of the estimate, 2g and provisions for cleanup of the premises and removal of rubbish 2B after the event has concluded. 27 (6) A detailed explanation of the applicant's plan for 28 policing the activity with particular emphasis on the control and 29 prevention of alcholic and drug consumption. 30 Such application shall be filed with the butte County Tax 31 Collector at least 60 days prior to the time indicated for the 32 commencement of the planned activity. The Tax Collector shall -2- 1 review and submit such application to the Board of Supervisors and 2 no license shall be issued by the Tax Collector until he is 3 authorized to do so by order of the Board of Supervisors at a ~ regular meeting of the said Board. 5 Sec. 12-27. Same - Fixing time for hearing, investigation 6 and report. 7 Upon receipt of a complete application and the application 8 fee, the Tax Collector shall request the Board of Supervisors to 9 set a time and date for a public hearing anal the Board of Super- 10 visors shall set the application for a public hearing at a regular 11 meeting of the Board of Supervisors, not less than 15 nor more tha 12 30 days thereafter, and shall give not less than 10 days written 13 notice thereof to the applicant. The Clerk of the Board of Super- 14 visors shall give notice of the hearing and copies of the applic- 15 ation to the Sheriff, the County Health Officer, the Director of 16 Public Works and the Planning Administrator, who shall investigate 17 the matter and report in writing to the Board of Supervisors not ,18 later than the time set for the hearing, with appropriate recommen - 19 ations concerning the activity. 20 Sec. 12-28. Same - Hearing 21 The Board of Supervisors shall consider the documentary and 22 testimonial evidence of witnesses presented at said hearing, includ- '23 ing all reports of investigation and shall thereafter grant the 24 license without conditions or with conditions which must be met, 25 including security required from the applicant as a guarantee that 26 the conditions will be met, before a license is granted. 27 If conditions are imposed by the Board, the applicant shall 2$ furnish or cause to be furnished to said Tax Collector proof that a 1 29 conditions have been met, and the required security has been given, 30 before the license may be issued by said Tax Collector. 31 Security required by the Board of Supervisors may include 32 the posting of an indemnity bond and/or a performance bond in favor of the County in connection with the operation of a public outdoor _.~_ I1~ 1• festival as defined in this ordinance. Such bond or bonds shall b ~ prepared by a corporate bonding company authorized to do business in 3 the State of California by the ]]epartment of Insurance, in an amou t ~ determined by the Beard of Supervisors of Butte County. Said bond ~ or bonds shall indemnify the County of Butte, its agents, officers, 6 employees and the Board of Supervisors of said County against any 7 and all loss, injury and damage of any nature whatsoever arising g out of, or in any way connected with, said outdoor festival and g shall indemnify against loss, injury and damage to both person and 10 property. 11 The Board of Supervisors may also require that the applicant 12 provide a corporate surety bond prepared by a corporate bonding 13 company authorized to do business in the State of California, in- I4 demnifying the County of Butte and the owners of property adjoin- 15 ing the outdoor festival site for all costs necessitated by such 16 activity to clean up and/or remove debris, trash, garbage or other 17 waste from, in and around the premises. Such bond shall be in an lg amount determined by the Butte County Board of Supervisors as in ~g its discretion will adequately provide for such indemnification. 20 Sec. 12-29. Same - Issuance of License 21' Upon determining that the Board of Supervisors has ordered 22 the issuance of the license pursuant to Sec. 12-28 and that the 23 conditions, if .any, imposed by the said board, has been complied 24 with by the applicant, the Tax Collector, shall collect a license 2g fee of $150.00 per day for each day the festival is scheduled for 26 and he shall issue a license to the applicant for the specific 2~ location authorized far the festival and for the specific days fo 2g which the festival is authorized. 29 Sec. 12-30. 5a me - Exem tions from A lication and Fee 3p Payments. 3~, A neighborhood or community benefit organization, organized 32 for charitable, religious or eleemosynary purposes, shall be exem t from paying the application and license fees provided for in this -/+- 1 ordinance provided the net proceeds from any such activity does not $ inure to the benefit of any private persons, partnership or corpor- 3 ation. g; Sec. 12-31. Same - Revocation of License ~ The Board of Sup?rvisors shall have the right to revoke any 6 license issued pursuant to this article after a public hearing held 7 after oral or written notice is given to the licensee at least 24 8 hours prior to such hearing, for any of the following causes: 9 CL) The licensee fails, nelgects or refuses to fulfill any 10 of the conditions imposed upon the granting of a license. 1~ (2) The licensee permits the outdoor festival to be conduct• 12 ed in a disorderly manner or allows any person to remain on, the 13 premises while under the influence of intoxicating liquor or any 14 'narcotic or dangerous drug. 15 (3) The licensee violates or attempts to violate any law of 16 the state and provision of this ordinance or any other ordinance of 17 the County of Butte. lg (4) That the licensee has previously made a false, mislead- 19 ing or fraudulent statement of material fact in the application for,, 2p license, or in any other document required pursuant to this ordin- 21 once. 22 Written notice of such revocation shall be forwarded by the' 23 County Clerk to the Tax Collector, the Sheriff and the permittee 24 at the address given in the application. Such revocation shall 25 became effective immediately after ordered by the Board of Super- 26 visors. 27 The Sheriff of Butte County may suspend operation and close 28 any outdoor festival prior to the expiration of the license granted 29 under the provisions of this ordinance, in the event of the occurr- 30 ence of a riot, major disorder or serious breach of the peace when '', 31 in his opinion it becomes necessary to prevent injury to person or 3211 persons and/or damage to property. ;j 5 . 1 2 3 6 s 8 9 10 ].1 12 13 14 15 16 17 '~ 18 19 20 21 22 23 24 25 26 2'~ 28 29 30 31 32 I~ Sec. 12-32. Non-transferable No license granted under the provisions of this article shall be transferable or removable to another location. Sec. 12•-33. Any violation of this ordinance shall be a mis- demeanor, punishable by a fine of not more than $500.00, or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. A separate offense shall be deemed to have been committed for each day that such violation continues. Sec. 12-34. This ordinance shall be published once before the expiration of fifteen (15) days after its passage in the Chico Enterprise , a newspaper of general circulation printed and published in Butte 'County, and shall. be in full force and effect thirty (30) days after its passage. ATTEST: CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board of Supervisors .~- ~~ ~~/C O.E. UNAWAY, Chairman the Butte County Board of 5~• pervisors 6.