It is the intent of the Board of Supervisors in enacting this ordinance to accomplish the following:
1. 
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;
2. 
To exercise the police power of the County to its 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
3. 
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 ordinance.
(Ord. CS 615 §§1, 2, 3(part), 1995)
This ordinance is adopted pursuant to the police power of the County of Stanislaus 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 Board of Supervisors of Stanislaus County that the investigation of an application for a license and other actions taken to enforce the provisions of this ordinance, including, but not limited to, the enforcement of conditions associated with an issued license, are tasks which consume County resources and are beyond the tasks ordinarily provided by the County.
(Ord. CS. 615 §§1, 2, 4(part), 1995)
This ordinance is intended to and shall only apply to Outdoor Entertainment Activities, as defined herein, which do not exceed seven consecutive days in duration and are not held at the same location more than six times within a calendar year. Outdoor Entertainment Activities which exceed seven consecutive days in duration or are held at the same location more than six times within a calendar year are subject to and shall be governed by the provisions of all other ordinances including but not limited to, Chapter 21.20, of the Stanislaus County Code.
(Ord. CS 615 §§1, 2, 5(part), 1995)
The provisions of this ordinance shall supersede the provisions of any other ordinance, including, but not limited to, the provisions of Chapter 21.20 of Stanislaus County Code concerning uses of land in the "General Agricultural District (A-2)," and the issuance of a license pursuant to the provisions of this ordinance shall be deemed to satisfy and supersede any and all other ordinances which would otherwise be applicable to the activities governed by this ordinance.
(Ord. CS 615 §§1, 2, 6(part), 1995)
As used herein, any and all references to "Sheriff" shall be understood to mean the Sheriff and any person designated by the Sheriff.
(Ord. CS 615 §§1, 2, 8(part), 1995)
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 unincorporated area of the County unless the license required by this ordinance has been obtained from the County.
B. 
It is unlawful for the owner or possessor of any real property to knowingly engage in any of the activities set forth in subpart "A." of this section or to knowingly allow any other person to do so without a license having been obtained pursuant to this ordinance.
(Ord. CS 615 §§1, 2, 9(part), 1995)
A. 
Application for a license required by this ordinance shall be made in writing to the Sheriff of the County at least 14 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 Board of Supervisors 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 County with a statement signed by the property owner which confirms that the property owner has given their permission for their property to be used as the site for the outdoor entertainment 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 Sheriff of the County who may provide copies of the application to the following offices for their information: Chief Executive Office; Department of Planning and Community Development; Department of Public Works; and Department of Environmental Health.
(Ord. CS 615 §§1, 2, 10(part), 1995)
Upon receipt of a complete application and the application fee, the Sheriff shall investigate the matter with particular attention to the concerns related to the public's safety, health and welfare as set forth in Section 6.40.080 hereof or as may be discovered. The Sheriff 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. CS 615 §§1, 2, 11(part), 1995)
A. 
The Sheriff 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. 
The Sheriff, in his discretion, may require that the applicant provide adequate security, by 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 the Sheriff, the applicant shall furnish proof to the satisfaction of the Sheriff 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 County in connection with the operation of the activity, or a cash deposit in an amount sufficient to provide the County 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 the Sheriff to enter into an indemnification agreement with the County obligating the applicant to defend and indemnify the County, its agents, officers, employees and the Board of Supervisors 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. 
The sheriff 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 county 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 the sheriff to adequately provide for such indemnification.
(Ord. CS 615 §§2, 12(part), 1995)
Prior to the issuance of a license, the sheriff shall collect a daily operation fee hereby imposed by this ordinance in an amount as may be set from time to time by resolution of the board of supervisors for each day the activity is scheduled to take place and shall issue upon receipt of said funds a license to the applicant.
(Ord. CS 615 §§2, 13(part), 1995)
A. 
The sheriff 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 the sheriff 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 the sheriff that the licensee has made a false, misleading, or fraudulent statement in their application for the license, or in any other document required to be provided to the sheriff in conjunction with the application for granting of a license.
B. 
Written notice of such revocation may be forwarded by the sheriff 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 the sheriff who is hereby authorized to take whatever action is reasonably necessary to terminate the outdoor entertainment activity.
C. 
The sheriff may suspend operation or permanently terminate any activity subject to a license under this ordinance 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 prevent injury to person or persons, and/or damage to property.
(Ord. CS 615 §§2, 14(part), 1995)
In the event that an application for a license is denied by the sheriff, the applicant may appeal such denial to the board of supervisors by making an application for a hearing on their request to the clerk of the board of supervisors. The clerk of the board of supervisors shall schedule the appeal from the denial at a regular meeting of the board of supervisors to take place not less than fifteen nor more than thirty days after receipt of the request for hearing by the clerk of the board of supervisors. The clerk of the board of supervisors shall give notice of the hearing and copies of the request for hearing to the sheriff in order that the sheriff be available to present the reasons for denial of the application to the board of supervisors at the time the matter is considered by the board.
(Ord. CS 615 §§2, 17(part), 1995)