means any music festival, dance, festival, public dance,
or similar gathering, to which music or entertainment is provided
by professional or amateur performers, or by prerecorded means, which
is held at any place other than in a public building or permanent
installation, which permanent installation has been constructed for
the purpose of, or so constructed that it can be used for the conducting
of such activities, as determined by the director of building and
safety, to which members of the public are invited or admitted for
a charge or free of charge and which is attended by more than twenty-five
hundred persons. Parades, art festivals, outdoor athletic contests
and sponsored street dances which are otherwise licensed or approved
by proper governmental authorities are not included within this definition
of outdoor gathering.
as used in this chapter means and includes all of the persons and entities as set forth in Section 1.04.140 of this code.
(Ord. 665 § 2, 1971)
No person shall conduct, maintain, organize, advertise or permit
the use of his premises for any outdoor gathering without first obtaining
a license and paying the fee therefor. No outdoor gathering shall
be held, conducted or maintained in any public park or on any public
beach or street unless and until a license therefor is first obtained
and the fees for such license paid. The license fee which must be
paid by the applicant at the time of filing the application shall
be established and may from time to time be amended by resolution
of the city council. Such license fee shall be in addition to all
other charges and deposits as required in this chapter. In addition
to the fees provided hereby, the applicant shall also pay a fee to
the Orange County health officer according to the rate schedules of
the county of Orange then in effect.
(Ord. 665 § 22, 1971; Ord. 880 § 2, 1976)
The following information shall be contained in applications
for outdoor gatherings:
(a)
The
exact location by street address and legal description of the premises
at which it is planned to conduct the outdoor gathering, including
therein all land to be used for parking or other uses necessary or
incidental to the outdoor gathering, together with such leases, licenses,
contracts or other written permission from the owner or owners of
such property authorizing or permitting such use.
(b)
The
names and residence and business addresses of all persons acting as
promoters, proprietors, presenters or financial backers of the outdoor
gathering, together with financial statements of such persons sufficient
to give assurance of the ability of such persons to meet the conditions
of the permit and respond in damages which may arise out of the outdoor
gathering.
(c)
The
date or dates and hours during which the outdoor gathering is to be
conducted, and during which the premises will be under the control
of the applicant, together with an estimate or schedule of the dates
and hours of performances, entertainments, or other events.
(d)
The
type and nature of performance, entertainment, or floor show, together
with the names and addresses of the expected performers and their
agents, if any.
(e)
An
estimate of the minimum and maximum number of customers, spectators,
participants and other persons expected to attend the outdoor gathering
for each day it is conducted, together with detailed information supporting
such estimate. The applicant's estimate shall not be binding upon
the city council, who may independently estimate such numbers.
(f)
A
plot plan of the premises to be used, together with a detailed written
explanation, showing the location and plan to supply or maintain the
following systems or services:
(1)
Police and security protection and facilities;
(2)
Water supply and facilities;
(3)
Food supplies and facilities;
(4)
Sanitation facilities;
(5)
Medical and first-aid facilities and services:
(6)
Vehicle ingress, egress and parking facilities;
(7)
The areas for performances, grandstands or seats, showing the location
of all aisles for pedestrian travel and other crowd control measures;
(8)
The location, capacity and nature of all temporary lighting, sound,
and public address facilities;
(9)
The nature, source, and location of fire-fighting equipment;
(10)
The location and means of access for emergency vehicles;
(11)
The system of marking and signs used to designate or delineate various
areas on the premises;
(12)
All physical facilities existing or to be constructed or placed on
the premises, including, but not limited to, fences, ticket booths,
grandstands, and stages;
(13)
If it is proposed or expected that spectators or participants will
remain on the premises overnight, the arrangements for illuminating
the premises and for camping or similar facilities, including, but
not limited to, cooking, bathing, washing, and the placement of tents.
The provisions of this chapter are not intended to supersede, overrule,
or repeal any of the provisions of Chapter 7.28 pertaining to campgrounds,
but are intended to be in addition to such regulation;
(14)
Drainage facilities and proposed disposition of drainage.
(Ord. 665 § 2, 1971)
An application for a license for an outdoor gathering shall
be filed not less than sixty days prior to the beginning of such outdoor
gathering.
(Ord. 665 § 2, 1971)
At the time of filing of an application for an outdoor gathering,
the applicant shall also file:
(a)
If
the applicant is not the owner of the premises where the outdoor gathering
is proposed to be held, then applicant shall file with the city a
written permission and authorization signed by the owner of the premises
authorizing and permitting the holding of the outdoor gathering on
the owner's premises specifying the dates for which the outdoor gathering
is permitted and authorized and releasing and relieving and holding
the city harmless from any loss, cost, claim or damage to the premises
resulting from such outdoor gathering. The agreement shall set forth
the name, address, and telephone number of the owner and shall be
acknowledged by a notary public;
(b)
A
written agreement specifically for the benefit of the city and all
persons to whom the licensee or owner may become liable because of
the agreement or arising out of the conduct of the licensee of the
outdoor gathering signed and acknowledged by the applicant that within
seventy-two hours after the conclusion of the outdoor gathering, he
will clean up the premises and remove all trash and debris therefrom.
Such agreement shall, at the option of the city manager, be secured
by a cash deposit or an undertaking or an assignment of savings and
loan shares or certificates or by all of them, in an amount not less
than five thousand dollars, plus one hundred dollars for each additional
one thousand persons estimated to attend the outdoor gathering over
five thousand persons;
(c)
An
agreement signed by the applicant and by the owners of the subject
premises that they will reimburse all owners and occupants of property
adjoining the subject premises for all damages of any kind to such
owner or occupant or their property caused by the applicant, owner
of the subject premises, or by any person attending the outdoor gathering,
which damage would not have occurred, had the outdoor gathering not
been held, and an undertaking, policy of insurance, or agreement accompanied
by the assignment of savings and loan shares or certificates, or a
combination of any two or all of the above.
The undertaking required by this section shall be for the benefit
of the city and all persons to whom the licensee or owner may become
liable because of the agreement required hereby or arising out of
the conduct of the licensee at the outdoor gathering. Any cash deposit,
undertaking, bond, insurance policy, or agreement assigning savings
and loan shares shall be subject to approval by the city as to form,
content, and financial ability of the insurer or surety. If a cash
deposit is made, such portions thereof as are not required to be used
to perform the obligations of applicant or owners of the subject premises
or both as required by the agreements shall be subject to reimbursement
to applicant.
The insurance policy, undertaking or agreement as provided by subsection (c) of this section shall insure the licensee and owner of the subject property against all liability incurred by them to the city or to any person, which liability arises pursuant to the agreement required by this section or arising from the conduct of the licensee of the outdoor gathering, and shall be in an amount not less than one million dollars.
(Ord. 665 § 2, 1971)
If an application is filed prior to February 24, 1971, for a
license to conduct an outdoor gathering, it shall be valid and treated
as if it were filed after February 24, 1971, if, in all other respects,
it complies with the provisions of this chapter.
(Ord. 665 § 2, 1971)
Upon receipt of a complete application and application fee,
the city manager shall set a time for a public hearing not less than
fourteen nor more than forty-five days thereafter, and shall give
not less than ten days' written notice thereof to the applicant. The
city clerk shall give notice of the hearing and copies of the application
to the chief of police, fire chief, director of public health, planning
director and director of building and safety, who shall investigate
the matter and report in writing to the city manager not later than
the time set for hearing, with appropriate recommendations concerning
the application.
(Ord. 665 § 2, 1971; Ord. 850 § 12, 1975)
The city manager shall consider the documentary and testimonial
evidence of witnesses presented at the hearing, including all reports
of investigation, and thereafter the city manager, in accordance with
the standards set forth in this chapter, shall grant the license in
accordance with the application and program and plans approved by
the council, deny the license, or set conditions which must be met,
or security shall be given that they will be met, before a license
may be granted.
If conditions are imposed by the city manager, the applicant
shall furnish or cause to be furnished to the city clerk proof that
all conditions have been met or that security has been given that
they will be met, before the license may be issued by the clerk.
(Ord. 665 § 2, 1971; Ord. 850 § 12, 1975)
The city manager shall grant a license for an outdoor gathering
if he find that:
(a)
The
outdoor gathering will be held at a location which complies with and
meets all of the health, zoning, fire and safety requirements and
standards of the laws of the state of California and ordinances of
this city and this code applicable thereto;
(b)
All
information required by this chapter in the application and all documents
required by this chapter have been filed, and all license fees and
other required fees paid;
(c)
The
proposed outdoor gathering will not in any way substantially jeopardize,
adversely affect, endanger or otherwise constitute a menace to the
public health, safety or general welfare, or be materially detrimental
to the property of other persons located in the vicinity of such use.
The city council may find that the location is unsuitable even if
in the proper zone;
(d)
The
applicant, his employees, agent or any other person connected or associated
with the applicant as manager in the operation of the outdoor gathering:
(1)
Has not been convicted within the last five years in any court of
competent jurisdiction of:
(i)
Any crime requiring registration under Section 290 of the Penal Code,
or
(ii)
Any violation of Chapter 7.5 (beginning with Section 311) of
Title 9, Part 1 of the Penal Code, or
(iii)
Any violation of Chapter 7.6 (beginning with Section 313) of
Title 9, Part 1 of the Penal Code, or
(iv)
Any violation of paragraphs (a), (b) or (d) of Section 647 of
the Penal Code, or
(v)
Any violation of Sections 315, 316 or 318 of the Penal Code, or
(vi)
Any offense involving the use of force or violence on the person
of another, or
(vii)
Any offense involving the maintenance of a nuisance in connection
with the same or similar type of business operation;
(2)
Has not committed within the last five years any offense described
in paragraphs (i), (ii), (iii), (iv), (v), (vi) or (vii) of subdivision
(1);
(3)
Has not allowed or permitted any illegal possession, use, sale or
delivery of narcotics or any act of sexual misconduct within prior
business operations.
(Ord. 665 § 2, 1971; Ord. 850 § 12, 1975)
The license for an outdoor gathering shall state the maximum
number of persons permitted as the audience thereof. In deciding this
maximum number, the council may be guided by, but it not bound by,
the estimate stated in the application for a license. No license granted
under the provisions of this chapter shall be transferable or movable
to another location or another licensee.
(Ord. 665 § 2, 1971)
A license for an outdoor gathering shall state the dates and
hours during which the outdoor gathering may be conducted. The dates
and hours during which performances, entertainment or floor shows
may take place, and during which sound amplification equipment may
be used for other than necessary public announcements, shall also
be specified.
(Ord. 665 § 2, 1971)
The licensee shall comply with the following minimum standards
in preparing for and conducting the outdoor gathering:
(a)
Water
supply. Every licensee shall provide an ample supply of potable running
water for drinking and sanitation purposes on the premises of the
gathering. Location of water facilities on the premises, and method
of dispensing water, must be approved by the health officer prior
to issuance of a license,
The minimum supply of water to an outdoor gathering shall be
fifteen gallons of water for each person in attendance per day. All
water shall meet U. S. Public Health Service Drinking Water Standards,
1962, and shall be obtained from a purveyor holding a permit to supply
domestic water in accordance with Section 4011 of the California Health
and Safety Code. Water shall be delivered to the point of use in an
enclosed sanitary piping system or by other sanitary methods meeting
the requirements of the health officer. The licensee shall provide
ten sanitary angle-jet type drinking fountains for the first five
thousand persons plus one additional drinking fountain for each additional
five hundred persons or fraction thereof attending. Drainage from
drinking fountains shall be disposed in a sanitary, nuisance-free
manner;
(b)
Sanitary
facilities. 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 an outdoor gathering on the basis of one flush-type
water closet for each two hundred and fifty males and one for each
one hundred seventy-five females expected to be in attendance. If
urinals are provided, one water closet less than the number specified
may be provided for each urinal installed, except the number of water
closets in such cases shall not be reduced to less than two-thirds
of the minimum specified,
Lavatories shall be provided with cold water under pressure
on the basis of one lavatory for each two hundred persons expected
to be in attendance; soap and paper towers shall be provided,
Where flush-type water closets cannot be made available for
the persons in attendance, the city council 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. The requirement for flush-type water closets for food concessions,
food operations, and for the use of employees may not be waived. Every
licensee shall be required to furnish at least one trash can with
a thirty-six gallon capacity for each one hundred persons expected
to be in attendance, an adequate supply of plastic bag liners to fit
the trash receptacle 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. When removed
from trash containers, full liners shall be promptly taken from the
premises to a sanitary landfill site operated by the county of Orange
in a vehicle approved by the health officer. If full liners are held
temporarily before removal from the premises, they shall be stored
in a rodent-proof metal refuse bin. The pickup and removal of refuse,
trash, garbage and rubbish and the servicing of portable chemical
toilets shall be at least once a day and more often if required by
the health officer. Removal of all trash and refuse shall be at the
licensee's expense. The licensee shall employ measures approved by
the health officer for the control of insects and rodents if, in the
opinion of the health officer, such measures are necessary for the
health and comfort of persons attending the gathering;
(c)
Drainage
facilities. Every licensee shall provide at his own expense adequate
drainage facilities as deemed by the department of public works;
(d)
Medical
facilities. Where a proposed outdoor gathering is expected to attract
a large number of persons to a site located a substantial distance
from existing medical treatment facilities, the city council may require
the applicant to provide emergency medical treatment facilities on
the premises of the gathering,
Where the proposed gathering is located close to adequate existing
medical facilities, the applicant shall provide, as required by the
health officer, emergency treatment facilities on the premises of
the gathering,
The location of medical treatment facilities and emergency treatment
facilities, the number of doctors, psychiatrists, psychologists, nurses
and other aides needed to staff the facilities and the quality 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 upon the
number of persons expected to attend the gathering, their expected
age group, the duration of events planned, and the possibility of
exposure to inclement weather and the elements,
Traffic lanes and other adequate parking space shall be designated
and kept open for access and travel by ambulance, helicopter, and
other emergency vehicles to transport patients or staff to appropriate
on and off-site treatment facilities;
(e)
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 proposed
site of the event is located at or in a hazardous fire area, the license
and permit may be denied or at the option of the city granted only
during those periods of the year which are not determined by the city
to be high fire hazard seasons. If a permit or license is granted
for such an event in an area which the city council deems to be a
hazardous fire area, a suitable number of fire guards shall be employed
by the licensee who shall be approved by the chief of the responsible
fire protection agency or agencies. Flammable vegetation and other
fire hazards shall be removed in a manner and in such quantity as
determined by the fire chief. First aid fire extinguishment equipment
shall be provided as directed by the fire chief, including, but not
limited to, four-wheel drive firefighting vehicles, if required;
(f)
Vehicular
access control. Every licensee shall provide adequate vehicular ingress
and egress to the outdoor gathering premises, and parking areas thereat.
No license shall be granted where necessary roads, driveways and entrance
ways sufficient to insure orderly flow of traffic into and away from
the premises from a city, county or state highway do not exist. A
licensee may be required to show that traffic guards under his control
will be employed to insure orderly traffic movement and relieve traffic
congestion in the vicinity of the outdoor gathering area;
(g)
Parking
areas. Every licensee shall provide adequate parking space for persons
attending the gathering by motor vehicle. A separate parking space
shall be provided for every three persons expected to attend the gathering.
Such parking spaces shall be clearly marked and shall not be less
than ten feet wide and twenty feet long. The directors of building
and safety and planning must approve an applicant's parking plan before
a license may be issued;
(h)
Security
guards. At every outdoor gathering, there shall be one male security
guard, either approved by the chief of police or supplied by licensed
private security system, for each two hundred persons permitted by
the license to attend, whether actually present or not. Such guards
shall be constantly in attendance during the entire time the outdoor
gathering is in progress, and each shall devote his entire time and
attention to keeping order and observing and enforcing all applicable
statutes and ordinances, including this chapter,
The employment of off-duty police officers shall be deemed to
meet the requirements of this section. These peace officers shall
be under the complete direction and control of the chief of police;
(i)
Food service and concessions. If the city council determines that the proposed outdoor gathering is to be held a substantial distance from public eating places, food handling places, or like establishments, licensee 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 hold valid permits as required by Chapter 7.04 and shall meet all pertinent requirements of this chapter. Every licensee shall provide at least one flush-type water closet and lavatory for each sex in each area set aside for food concessions or operations on the premises unless otherwise approved by the health officer,
Such flush-type water closets and lavatories shall not be located
further than fifty feet from a food concession or operation. All lavatories
required in connection 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 operations shall be disposed
of to a public sewer or sewage disposal system approved by the county
health officer and director of building and safety of the city;
(j)
Hours
of operation. No entertainment, floor show, or other event shall take
place between eleven p.m. and seven a.m. unless the city council determines
that other hours of operation will not constitute a serious disturbance
to the residents neighboring the site of the outdoor gathering;
(k)
Illumination.
Every licensee planning to conduct a portion of the gathering after
dark, or planning to allow persons attending the outdoor gathering
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 examine and approve the applicant's
proposed lighting plan prior to the issuance of the license hereunder.
A licensee may be required to illuminate the specific areas on the
premises in accordance with the following scale of lighting intensity:
|
Illumination
|
Watts per Square Foot
|
|---|---|
|
Open areas reserved for spectators
|
0.50
|
|
Stage areas
|
5.00
|
|
Parking and overnight areas
|
0.25
|
|
Restroom and concession areas
|
1.00
|
(l)
Overnight camping facilities. Every licensee authorized to allow persons who attend the outdoor gathering to remain on the premises overnight shall provide camping facilities and overnight areas that meet the requirements of the California Administrative Code Title 25 for mobile home parks, special occupancy trailer parks, and campgrounds, including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas, and test camps, and that also meet the requirements of Chapter 7.28 of this code pertaining to campgrounds. The provisions of this chapter are not intended to supersede, overrule, or repeal any of the prohibitions against sleeping or camping as set forth in Section 18.04.020. Such areas and facilities shall be approved by the county health officer and the director of building and safety prior to the issuance of any license;
(m)
Communications
facilities. The licensee shall install and, at all times during which
the outdoor gathering is in progress, shall maintain an emergency
communications system which both the chief of police and fire chief
find adequate for police and fire protection. Licensee may also be
required to establish a communications system for public use where
ordinary communications are not available;
(n)
Dust
control. The licensee shall use such methods of dust control as approved
by the health officer and director of building and safety;
(o)
Alcohol
or drugs. A person shall not enter, be, or remain on any part of the
premises on which an outdoor gathering is conducted while in the possession
of, consuming, using, or under the influence of, any alcoholic beverage
or drug. The licensee shall not permit any such person to enter or
remain upon the licensed premises;
(p)
Noise control. Sound levels to which the audience is exposed shall not exceed the levels permitted for industrial workers as specified in the California Administrative Code, Title 8, Group 6.1, Article 55, Standards for Noise Control. In occupied areas adjacent to an outdoor gathering, noise levels resulting from the gathering shall not exceed the normal ambient noise level of the area between eleven p.m. and seven a.m. At all other times, the noise level produced by the outdoor gathering shall not exceed normal ambient sound levels in adjacent occupied areas by more than five decibels, nor shall such noise levels annoy or injure the health and safety of the occupants of the adjacent areas as determined by the health officer using appropriate methods of sound level measurement. The provisions of this chapter shall not be deemed to supersede or repeal the provisions of Chapter 7.25 of this code pertaining to noise, but shall be in addition to the requirements and provisions of Chapter 7.25;
(q)
Miscellaneous.
Any applicant may be required to meet any other conditions prior to
receiving a license to conduct an outdoor gathering which are reasonably
calculated as necessary to protect the health, safety and general
welfare of the persons attending such gathering, local residents,
or the public in general.
(Ord. 665 § 2, 1971)
No person shall advertise, or announce by any means or medium,
including but not confined to pamphlets, handbills, newspapers, radio
or television, the holding of an outdoor gathering prior to the granting
of a license permitting such outdoor gathering. The licensee or other
persons shall not print, distribute, broadcast or use any such advertising
or announcement, or any other advertising of the outdoor gathering,
which has not first been approved by the city council. The city council
shall approve such advertising if it states that the admission is
by ticket only, if all statements contained in the advertisement are
true, and if there is no statement which might imply any conclusion
contrary to fact.
(Ord. 665 § 2, 1971)
No person may advertise or sell, within the incorporated territory
of the city, any ticket to any outdoor gathering, festival, rock festival,
or similar function, regardless of where situated, whether in this
state or otherwise, in any manner contrary to any statute, ordinance
or regulation of the jurisdiction in which the function is to be held.
(Ord. 665 § 2, 1971)
The licensee shall not admit, and shall prevent the entrance
of, to the premises on which the outdoor gathering is held, any person
who does not possess a ticket, except a police officer or other public
officer in the performance of his duties. Admission shall be by ticket
only. The licensee shall not sell, give or distribute a greater number
of tickets than the number which the license permits to attend. The
licensee shall not admit any persons to an outdoor gathering if such
admission would result in a greater number of persons present than
permitted by the license. If the city manager finds that the number
of persons who may seek to attend the outdoor gathering is larger
than authorized by the permit and that the congregation of such excessive
numbers of persons at the site seeking admittance may cause traffic
or crowd control problems, he may immediately prohibit sale of tickets
at the site and require that tickets be sold at some other specified
location or locations or in such other manner as may be approved by
the city manager. The city council may require that all advertising
for the outdoor gathering specify that tickets will not be sold at
the location of the outdoor gathering. In such event, the licensee
shall take steps to insure that ticket scalpers and persons other
than the licensee will not sell tickets at the site of the outdoor
gathering.
(Ord. 665 § 2, 1971)
The city manager may revoke any license issued pursuant to this
chapter at a public hearing pursuant to twenty-four hours' written
notice to the licensee for any of the following causes:
(a)
The
licensee fails, neglects or refuses to fulfill any of the conditions
imposed upon the granting of the license;
(b)
The
licensee fails, neglects or refuses to fulfill any of the provisions
of the program or plans approved by the city manager;
(c)
The
licensee knowingly permits the outdoor gathering to be conducted in
a disorderly manner or knowingly allows any person to remain on the
premises while under the influence of alcohol or any narcotic or dangerous
drug;
(d)
The
licensee has previously made a false, misleading or fraudulent statement
of material fact in the application for the license or any other document
required pursuant to this chapter.
Such revocation shall become effective immediately after ordered
by the city manager.
(Ord. 665 § 2, 1971; Ord. 850 § 12, 1975)
Any person aggrieved by any administrative decision made under this chapter may, upon the payment of a fee to be established by resolution or minute order, appeal the decision to the city council. The city council may also review any such decision on its own motion. The procedures for filing and hearing such appeals and reviews are set forth in Chapter 2.02 of this code, incorporated herein by reference.
(Ord. 850 § 12, 1975)
