It is the intent of the city of Waterford in enacting this chapter to accomplish the following:
A. 
To provide individuals and organizations who desire to conduct occasional outdoor entertainment-activities of short duration with a concise, responsive and prompt license application process which clearly identifies the requirements for obtaining a license;
B. 
To exercise the police power of the city to the fullest extent in order to regulate outdoor entertainment activities in recognition that such activities can pose a serious threat to the safety, health and welfare of the public; and
C. 
To adopt a licensing procedure pursuant to the provisions of Sections 16100 et seq., of the California Business and Professions Code as the exclusive method of regulating the activities governed by this chapter.
(Ord. 99-02 §1, 1999)
This chapter is adopted pursuant to the police power of the city of Waterford, as embodied in Article XI, Section 7, of the California Constitution for the purpose of regulating the activities described herein so as to assure that the public's health, safety and general welfare are not threatened or harmed. The requirement of a license for which a fee is charged is adopted herein pursuant to said police power and pursuant to Sections 16100 et seq., of the California Business and Professions Code in recognition by the city council of the city of Waterford that the investigation of an application for a license and other actions taken to enforce the provisions of this chapter, including, but not limited to, the enforcement of conditions associated with an issued license, are tasks which consume city resources and are beyond the tasks ordinarily provided by the city.
(Ord. 99-02 §1, 1999)
The provisions of this chapter shall supersede the provisions of any other chapter, and the issuance of a license pursuant to the provisions of this chapter shall be deemed to satisfy and supersede any and all other chapters which would otherwise be applicable to the activities governed by this chapter.
(Ord. 99-02 §1, 1999)
"Outdoor entertainment activity"
means any musical, theatrical or other entertainment activity to which members of the public are invited or admitted and which is held at any place other than a facility for which a valid use permit has been issued by the city of Waterford which authorizes the activity to take place at said location and such permit regulates outdoor entertainment activity.
(Ord. 99-02 §1, 1999)
As used herein, any and all references to "chief of police services" shall be understood to mean the chief of police, or if law enforcement services are being provided by the sheriff of Stanislaus County, the officer designated by the sheriff providing chief of police services in the city of Waterford, and any person designated by the chief of police or sheriff, whichever is applicable.
(Ord. 99-02 §1, 1999)
As used herein, any and all references to "city manager" shall be understood to mean the city manager of the city of Waterford and any person designated by the city manager of the city of Waterford.
(Ord. 99-02 §1, 1999)
A. 
It is unlawful for any individual or organization to operate, maintain, conduct, advertise, sell or furnish tickets for admission to an outdoor entertainment activity in the incorporated area of the city unless the license required by this chapter has been obtained from the city.
B. 
It is unlawful for the owner or possessor of any real property to knowingly engage in any of the activities set forth in subsection A of this section or to knowingly allow any other person to do so without a license having been obtained pursuant to this chapter.
(Ord. 99-02 §1, 1999)
A. 
Application for a license required by this chapter shall be made in writing to the city manager, or designee, at least fourteen days prior to the proposed date of the activity and shall be accompanied by a nonrefundable application fee in the amount as may be set from time to time by resolution of the city and shall contain the following information:
1. 
The name, age, residence, mailing address and telephone number of:
a. 
The person(s) making the application;
b. 
The property owner(s).
2. 
If the property owner(s) is not an applicant for the license, then the applicant(s) shall obtain and provide the city with a statement signed by the property owner which confirms that the property owner has given his or her permission for his or her property to be used as the site for the outdoor activity.
3. 
A description of the location of the premises, including a map or diagram, where the activity is proposed to be conducted, and which includes an indication of all land to be used for parking or other uses incidental to the activity.
4. 
The proposed date or dates and hours of operation of the activity.
5. 
A description of the nature of the activities.
6. 
An estimate of the maximum number of persons expected to be admitted to the activity, including spectators, participants and vendors, if any.
7. 
A statement of the applicant's program and plans to provide the following:
a. 
Fire protection;
b. 
Security;
c. 
Potable water supply and facilities;
d. 
Food supply and concessions;
e. 
Rest rooms and sanitation facilities;
f. 
Medical facilities and services;
g. 
Vehicle parking, access for vehicles and traffic control;
h. 
Overnight facilities and ground illumination in the event that arrangements are made for participants to remain at night or overnight; and
i. 
Provisions for clean-up of the premises and removal of all trash, rubbish, etc.
8. 
A statement of the applicant's plan for public safety and security for the activity.
B. 
The completed application shall be presented to the city manager or designee, who will provide a copy of the application to chief of police services, or designee.
(Ord. 99-02 §1, 1999)
Upon receipt of a complete application and the application fee, chief of police services shall investigate the matter with particular attention to the concerns related to the public's safety, health and welfare as may be discovered. Chief of police services has the authority to issue a license, with or without conditions, or to deny an application in the exercise of his or her discretion.
(Ord. 99-02 §1, 1999)
A. 
Chief of police services may require that the applicant meet reasonable conditions and may issue a license provided that said conditions are met at any and all times during the operation of the outdoor entertainment activity. Conditions may include, but are not limited to, provisions to address or regulate any or all of the following subjects:
1. 
Fire protection;
2. 
Security;
3. 
Potable water supply and facilities;
4. 
Hours of operation;
5. 
Noise level;
6. 
Food supply and concessions;
7. 
Rest rooms and sanitation facilities;
8. 
Medical facilities and services;
9. 
Vehicle parking, access for vehicles and traffic control;
10. 
Dust control;
11. 
Overnight facilities and ground illumination in the event that the sheriff has approved arrangements made for participants to remain at night or overnight;
12. 
Provisions for clean-up of the premises and removal of all trash, rubbish, etc.; and,
13. 
Requiring applicant to contract with the sheriff for additional law enforcement services pursuant to Section 53069.8 of the California Government Code.
B. 
Chief of police services, in its discretion, may require that the applicant provide adequate security, by the way of performance bonds, indemnity bonds or deposits of cash in order to satisfy any conditions imposed upon the issuance of a license and the conduct of the activity.
C. 
If conditions are imposed by chief of police services, the applicant shall furnish proof to the satisfaction of chief of police services that any and all conditions have and will be met during the operation of the activity and that any required security has been given, before the license may be issued.
D. 
Any security required may include the posting of an indemnity bond, a performance bond in favor of the city in connection with the operation of the activity, or a cash deposit in an amount sufficient to provide the city with the means to satisfy the condition in the event that the applicant fails to do so. The amounts of any and all of the security shall be determined by the sheriff.
E. 
The applicant may also be required by city manager to enter into an indemnification agreement with the city obligating the applicant to defend and indemnify the city, its agents, officers, employees against any and all loss, injury and damage of any nature whatsoever, including injury and damage to persons or property or both arising out of or in any way connected with the outdoor entertainment activity.
F. 
Chief of police services may also require that the applicant provide a corporate surety bond prepared by a corporate bonding company authorized to do business in the state, indemnifying the city and the owners of property adjoining the outdoor entertainment activity 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. The bond shall be in an amount determined by city manager to adequately provide for such indemnification.
(Ord. 99-02 §1, 1999)
Prior to the issuance of a license, chief of police services shall collect a daily operation fee hereby imposed by this chapter in an amount as may be set from time to time by resolution of the city council for each day the activity is scheduled to take place and shall issue upon receipt of said funds a license to the applicant.
(Ord. 99-02 §1, 1999)
A. 
Chief of police services shall have the right to immediately revoke any license issued pursuant to this chapter and immediately suspend or terminate the outdoor entertainment activity if it is determined by chief of police services that any of the following has occurred or is occurring:
1. 
The licensee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of the license;
2. 
The licensee permits the activity to be conducted in a manner determined by the sheriff to be disorderly so as to present a potential for harm to the public's health, safety or welfare;
3. 
The licensee violates or attempts to violate any law of the state of California, the United States of America or the provisions of this code; or
4. 
It is determined by chief of police services that the licensee has made a false, misleading or fraudulent statement in the application for the license, or in any other document required to be provided to chief of police services in conjunction with the application for the granting of a license.
B. 
Written notice of such revocation may be forwarded by chief of police services by regular mail to the licensee at the address given in the application; however, such revocation shall become effective immediately upon the issuance of the revocation by chief of police services who is hereby authorized to take whatever action is reasonably necessary to terminate the outdoor entertainment activity.
C. 
Chief of police services may suspend operation or permanently terminate any activity subject to a license under this chapter without prior notice and prior to the expiration of the license in the event of the occurrence or threatened occurrence of a riot, major disorder or serious breach of peace when in the sheriff's opinion it becomes necessary to do so in order to prevent injury to person or persons and/or damage to property.
(Ord. 99-02 §1, 1999)
Any violation of this chapter shall be a misdemeanor, punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by such fine and imprisonment or both. A separate offense shall be deemed to have been committed for each day that a violation occurs or continues. Waterford Municipal Code section 1.12.020.
(Ord. 99-02 §1, 1999)
In the event that an application for a license is denied by chief of police services, the applicant may appeal such denial to the city manager and if not satisfied with the decision of the city manager, may appeal to the city council by making an application for a hearing on their request to the city clerk. The city clerk shall schedule the appeal from the denial at a regular meeting of the city council to take place not less than fifteen nor more than thirty days after receipt of the request for hearing by the city clerk. The city clerk shall give notice of the hearing and copies of the request for hearing to chief of police services in order that chief of police services be available to present the reasons for denial of the application to the city council at the time the matter is considered by the council.
(Ord. 99-02 §1, 1999)