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HomeMy WebLinkAboutChapter 12 - FestivalsArticle III. - Outdoor Festivals 12-25 - Reserved.   Editor's note —Section 12-25 , defining "outdoor festivals," derived from Ord. No. 1074, adopted Jan. 27, 1970, was repealed by § 2 of Ord. No. 2830, adopted Apr. 24, 1990. See § 12-25.2 . 12-25.1 - Purpose. The purpose of this article is to regulate outdoor festivals as defined in section 12-25.2. Such festivals are of a temporary nature and shall be exempt from the provisions of chapter 24 of this Code if a license is issued pursuant to this article and complied with. Regulation of outdoor festivals is necessary to ensure that they are not unreasonably incompatible with, or injurious to, surrounding properties or detrimental to the health and general welfare of persons residing or working in the neighborhood or to the general health, welfare and safety of the county. (Ord. No. 2830, § 1, 4-24-90) 12-25.2 - Outdoor festivals defined. For the purpose of this article, "outdoor festivals" shall mean any outdoor gathering which will include for three (3) hours or more one hundred (100) or more individuals for the purpose of participation in or otherwise attending a musical, theatrical or other type of event. An outdoor festival does not include any event conducted at parks, fairgrounds or other outdoor facilities improved with adequate permanent facilities to accommodate the anticipated participants and attendees, with the permission of the person or agency which has ownership or jurisdiction thereof; events of a type which are already permitted under an existing, valid use permit or are otherwise permitted within the applicable zoning district; or any festivities conducted under the auspices of a school district, recreation district, or a county memorial hall. (Ord. No. 2830, § 3, 4-24-90) 12-26 - Application for license and fee—Contents. It shall be unlawful for any individual, partnership or corporation to operate, maintain, conduct, advertise, sell or furnish tickets or other types of written authority for admission to any 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 festival. Application for a license to conduct an outdoor festival shall be made in writing to the board of supervisors of the County of Butte, accompanied by a nonrefundable application fee of one hundred dollars ($100.00), plus a fee of three hundred dollars ($300.00) for environmental review pursuant to section 12-26.1, and filed with the county tax collector and shall contain the following information: (1) The name, age, residence, mailing address and telephone number of the applicant. If the application is made by a partnership, the names and addresses of all general partners shall be included. If the applicant is a corporation, the application shall be signed by the president and attested to by the secretary thereof and shall contain the names and addresses of all corporate officers, and a certified copy of the articles of incorporation shall be attached to the application. The address and telephone number of the principal place of business of the applicant shall also be included in the application. (2) The location and legal description of the premises where the outdoor festival is proposed to be conducted, including all lands to be used for parking or other uses incidental to the outdoor activity. The applicant shall submit proof of ownership of said premises or the written consent of all owners thereof for the proposed use. (3) The date or dates and the hours during which the festival is to be conducted. (4) An estimate of the maximum number of spectators, participants and other persons expected to attend the outdoor festival and each day it is conducted. (5) A detailed explanation of the applicant's program and plans to provide security protection, water supply, food supply, sanitation facilities, medical facilities and services, vehicle parking space, vehicle access (including written permission of property owners on any privately maintained roads which will be utilized for ingress or egress) and on- and off-site traffic control, fire protection and use and control of public address systems. 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 also be explained. The applicant's plans to provide for numbers of individuals in excess of the estimate and provisions for cleanup of the premises and removal of rubbish after the event has concluded shall be included. (6) A detailed explanation of the applicant's plan for policing the activity with particular emphasis on the control and prevention of alcoholic and drug consumption, open fires, fireworks and firearms. Such application shall be filed with the Butte County Tax Collector at least ninety (90) days prior to the time indicated for the commencement of the planned activity. The tax collector shall review and submit such application to the board of supervisors, and no license shall be issued by the tax collector until he is authorized to do so by order of the board of supervisors at a regular meeting of the board. (Ord. No. 1074, 1-27-70; Ord. No. 2830, § 4, 4-24-90) 12-26.1 - Same—Environmental review. Upon receipt of a completed application for an outdoor festival permit, the tax collector shall refer the application to the planning department, which shall review the application to determine whether or not the outdoor festival is a project which is categorically exempt from the California Environmental Quality Act, pursuant to section 15304(e) of the State Guidelines for Implementation of CEQA, as a minor temporary use of land and having negligible or no permanent effect on the environment. If a final determination is made that the outdoor festival is not categorically exempt, then the tax collector shall deny the application. If a final determination is made that the outdoor festival is categorically exempt, then processing of the application shall continue. (Ord. No. 2830, § 5, 4-24-90) 12-27 - License and fee—Fixing time for hearing, investigation and report. Upon receipt of a complete application and the application fee, the tax collector shall request the board of supervisors to set a time and date for a public hearing. The board of supervisors shall set the application for a public hearing at a regular meeting of the board of supervisors, not less than thirty (30) nor more than sixty (60) days thereafter, and shall give not less than ten (10) days' written notice thereof to the applicant. In addition, the clerk of the board of supervisors shall give notice of the time, date and place of said hearing, including a general explanation of the application to be considered and general description of the area affected at least ten (10) days before the hearing in the following manner: (1) Notice shall be published at least once in a newspaper of general circulation, published and circulated in the county. (2) In addition, notice of the hearing shall be given by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment role as either owning real property within three hundred (300) feet of the property which is the subject of the application or owning one of the ten (10) parcels of real property closest to the subject property, whichever results in the most persons being notified. The clerk of the board of supervisors shall give notice of the hearing and copies of the application to the sheriff, the California Highway Patrol, the county health officer, the director of public works, the planning director, the county fire warden, and the county air pollution control officer, who shall investigate the matter and report in writing to the board of supervisors not later than the time set for the hearing, with appropriate recommendations concerning conditions and issuance or denial of the license. (Ord. No. 1074, 1-27-70; Ord. No. 2830, § 6, 4-24-90) 12-28 - Same—Hearing. The board of supervisors shall consider the documentary and testimonial evidence of witnesses presented at said hearing, including all reports of investigation and shall thereafter grant the license without conditions or with conditions which must be met, including security required from the applicant as a guarantee that the conditions will be met, before a license is granted. If conditions are imposed by the board, the applicant shall furnish or cause to be furnished to said tax collector proof that all conditions have been met, and the required security has been given, before the license may be issued by said tax collector. Security required by the board of supervisors may include the posting of an indemnity bond and/or a performance bond in favor of the county in connection with the operation of an outdoor festival as defined in this article. Such bond or bonds shall be prepared by a corporate bonding company authorized to do business in the State of California by the department of insurance, in an amount determined by the board of supervisors of Butte County. Said bond or bonds shall indemnify the County of Butte, its agents, officers, employees, and the board of supervisors of said county against any and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with, said outdoor festival and shall indemnify against loss, injury and damage to both person and property. The board of supervisors may also require that the applicant provide a corporate surety bond prepared by a corporate bonding company authorized to do business in the State of California, indemnifying the County of Butte and the owners of property adjoining the outdoor festival site for all costs necessitated by such activity to clean up and/or remove debris, trash, garbage or other waste from, in and around the premises. Such bond shall be in an amount determined by the Butte County Board of Supervisors in its discretion to be adequate to provide for such indemnification. The board of supervisors may also require the applicant to obtain and maintain public liability and property damage insurance in an amount to be determined at the hearing. (Ord. No. 1074, 1-27-70; Ord. No. 2830, § 7, 4-24-90) 12-29 - Issuance of license. Upon determining that the board of supervisors has ordered the issuance of the license pursuant to section 12-28 and that the conditions, if any, imposed by the said board, has been complied with by the applicant, the tax collector, shall collect a license fee of one hundred fifty dollars ($150.00) per day for each day the festival is scheduled for and he shall issue a license to the applicant for the specific location authorized for the festival and for the specific days for which the festival is authorized. (Ord. No. 1074, 1-27-70) 12-30 - Exemptions from application and fee payments. A neighborhood or community benefit organization, organized for charitable, religious or eleemosynary purposes, shall be exempt from paying the application and license fees provided for in this article provided the net proceeds from any such activity does not inure to the benefit of any private persons, partnership or corporation. (Ord. No. 1074, 1-27-70) 12-31 - Revocation of license. The board of supervisors shall have the right to revoke any license issued pursuant to this article after a public hearing held after oral or written notice is given to the licensee at least twenty-four (24) hours prior to such hearing, for any of the following causes: (1) The licensee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of a license. (2) The licensee permits the outdoor festival to be conducted in a disorderly manner or allows any person to remain on the premises while under the influence of intoxicating liquor or any narcotic or dangerous drug. (3) The licensee violates or attempts to violate any law of the state and provision of this article or any other ordinance of the County of Butte. (4) That the licensee has previously 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. Written notice of such revocation shall be forwarded by the county clerk to the tax collector, the sheriff and the permittee at the address given in the application. Such revocation shall become effective immediately after ordered by the board of supervisors. The sheriff of Butte County may suspend operation and close any outdoor festival prior to the expiration of the license granted under the provisions of this article in the event of the occurrence of a riot, major disorder or serious breach of the peace when in his opinion it becomes necessary to prevent injury to person or persons and/or damage to property. (Ord. No. 1074, 1-27-70) 12-32 - Licenses nontransferable. No license granted under the provisions of this article shall be transferable or removable to another location. (Ord. No. 1074, 1-27-70) 12-33 - Penalty for violation of article. Any violation of this article shall be a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the county jail for not more than six (6) 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. (Ord. No. 1074, 1-27-70)