In this state and elsewhere, outdoor festivals have been promoted
and have attracted large numbers of persons, sometimes exceeding one
hundred thousand. Occurrences at those outdoor festivals already held
include the stealing of automobiles, abandonment of automobiles stolen
elsewhere, totally unmanageable traffic congestion, slaughtering of
cattle and other animals on adjoining property without permission
of the owners thereof, unauthorized destruction of property, scattering
of trash, garbage, and other debris on adjoining property, overnight
camping at random locations, collision of automobiles with persons
sleeping on the ground, and, generally, the commission of serious
crimes with impunity due to the inability of police to patrol the
area.
Such festivals, with their attendant large crowds create serious
health and safety risks for persons attending and the general public
thereafter unless adequate sanitary facilities, drinking water supplies,
lighting, medical services, vehicular parking areas, supervision,
and other services and guarantees are provided.
The regulatory provisions of this chapter are necessary to insure
that outdoor festivals are held only at suitable places and are subject
to reasonable conditions for the protection of the public health,
safety, and welfare.
(SCC 578 § 17, 1983)
The County Treasurer-Tax Collector is charged with the responsibility
of administering the regulations imposed by this chapter, and exercising
the authority conferred thereby. Such authority shall include the
power and duty to issue Special Business Licenses authorizing outdoor
festivals, promulgate administrative regulations, and otherwise perform
the duties and exercise the authorities conferred herein.
To these ends, the County Treasurer-Tax Collector shall be vested with the same powers and authorities in relation to outdoor festivals and the issuance and administration of Special Business Licenses therefor, as are vested in the Sheriff under Chapter 4.02, Section 4.02.070, 4.02.085, 4.02.100 and 4.02.105; and Chapter 4.10, Sections 4.10.000 through 4.10.155. Any reference to the "Sheriff" shall be deemed to be a reference to the Treasurer-Tax Collector in relation to outdoor festivals.
(SCC 578 § 17, 1983)
The outdoor festivals ordinance does not apply to outdoor festivals
held at County parks, other than those within the American River Parkway,
and conducted under the direction of the County Parks and Recreation
Department.
(SCC 704 § 2, 1987)
As used in this chapter, the terms contained in Sections 4.38.015 through 4.38.025 shall be ascribed the meanings contained therein, unless the context indicates otherwise.
(SCC 578 § 17, 1983)
shall mean any maintained space, not less than one hundred
eighty square feet in area nor less than nine feet wide at any place,
on or contiguous to the land on which the outdoor festival is conducted,
and so located and arranged as to permit the parking of an average
size, six-passenger automobile.
(SCC 578 § 17, 1983)
shall mean any outdoor gathering of more than five hundred
persons for the purpose of participating in or attending a dance,
music carnival, "rock" festival, or like musical activity at which
vocal or instrumental or both vocal and instrumental music is provided
by professional or amateur performers or by prerecorded means, held
at any place other than in a permanent building, stadium or like permanent
installation which has been constructed or customarily used for the
purpose of housing such activities, and to which gathering members
of the public are invited or admitted with or without the payment
of admission charges in any form.
(SCC 578 § 17, 1983)
shall mean all persons and business entities having a direct
financial interest in the proceeds to be derived from the outdoor
festival, whether such proceeds arise from ticket sales, sales of
film, radio, television, or sound recording rights, or otherwise.
(SCC 578 § 17, 1983)
It shall be unlawful for any person to sponsor, conduct, operate,
promote or advertise an outdoor festival unless the owner or owners
of the land upon which the festival is or would be conducted have
consented to the use thereof for such purposes. If the land is not
solely owned by the person or persons sponsoring, conducting, operating,
promoting or advertising the festival, such consent shall be evidenced
by a written instrument containing the notarized signatures of all
record owners.
(SCC 578 § 17, 1983)
Each person to whom a Special Business License required by Article 2 is issued, shall be responsible as licensee and at the sole cost and expense thereof, for provision of those facilities, services, resources and guarantees required by Sections 4.38.040 through 4.38.100.
(SCC 578 § 17, 1983)
The licensee shall provide drinking water of the quantity, quality,
and from a source approved by the county health officer. Drinking
fountains shall be provided as follows:
a.
One
drinking fountain for the first one hundred persons;
b.
Two
drinking fountains for more than one hundred but less than five hundred
persons; and
c.
One
additional drinking fountain for each additional five hundred persons
or fraction thereof.
(SCC 578 § 17, 1983)
The licensee shall provide sanitary facilities as follows: at
least one water closet and one urinal, or in lieu thereof two patented
chemical toilets, for every two hundred males, and at least one water
closet or patented chemical toilet for every one hundred females,
unless the county health officer finds that a lesser number is sufficient,
in which case he shall designate each number. If both sexes are admitted
to any sanitary facility, for purposes of determining the required
quantity of facilities the persons attending the outdoor festival
shall be assumed to be equally divided by sex. Prior to the commencement
of the outdoor festival, the county health officer shall inspect the
sanitary facilities with regard to adequacy of quantity, functioning,
and plans for periodic removal of wastes therefrom, and shall approve
the sanitary facilities only if they meet county health standards.
While any premises are being prepared for use for an outdoor festival
or for parking or other uses incidental thereto, the licensee shall
provide on the premises one patented chemical toilet for each twenty
persons or fractional part thereof working at the job site. Every
patented chemical toilet installed in accordance with this section
shall be maintained and operated in accordance with the rules and
regulations approved by the county health officer.
(SCC 578 § 17, 1983)
On all premises on which an outdoor festival is conducted, or contiguous thereto and under the control of the applicant, in addition to those ways described in Section 4.38.080 of this chapter, there shall be automobile parking spaces equal in number to one-fourth of the number of persons which the license permits to attend the outdoor festival, unless the county public works director finds that a lesser number of parking spaces is sufficient in which case the licensee shall provide the lesser number of spaces. Such automobile parking spaces shall be graded, plainly and individually marked, and separated by a physical barrier from the area where patrons will watch the performances. At all times between two hours before the commencement of the outdoor festival and two hours after its termination the licensee shall provide parking attendants at all entrances and exits to the parking area within the area.
(SCC 578 § 17, 1983)
At any outdoor festival, one uniformed male security guard for
each two hundred persons which the license permits to attend, whether
such permissible attendance is present or not, shall be in constant
attendance during the entire time the outdoor festival is in progress.
Each security guard shall be approved by the sheriff or shall be provided
by a private patrol operator whose name and address has been stated
in the application and who is licensed pursuant to Chapter 11 of Division
3 of the Business and Professions Code. The sheriff shall approve
any such guard if the guard meets the qualifications stated in Sections
7526 and 7526.3 of the Business and Professions Code. The guards shall
devote their entire attention and time to keeping order and enforcing
all applicable statutes and ordinances, including this chapter.
(SCC 578 § 17, 1983)
The licensee shall provide such fire protection measures and
equipment as the Chief of that Fire Protection District with jurisdiction
over the site on which the outdoor festival is conducted finds reasonably
necessary to provide fire protection to the immediate and adjoining
premises and to persons participating in and attending the outdoor
festival.
(SCC 578 § 17, 1983)
If the hours during which the outdoor festival can be held as
provided in the license are such that any portion thereof is between
sunset of one day and sunrise of the following day, or if the license
permits any participant or person in attendance to remain overnight,
the licensee shall provide such lighting, including light standards
and electrical switches, and such power supply as the sheriff and
director of public works find necessary for the public safety and
welfare.
(SCC 578 § 17, 1983)
The licensee shall provide solid waste receptacles to receive
solid wastes at a ratio of one cubic yard of available receptacle
space for each two hundred fifty persons which the license permits
to attend the outdoor festival.
All solid waste receptacles shall be serviced once every twenty-four
hours during the festival. Within seventy-two hours after the conclusion
of an outdoor festival, the licensee shall clean the premises, including
contiguous public roads, ways, and easements, removing all trash,
garbage, and debris therefrom which matter would not have been deposited
therein had not the outdoor festival occurred.
(SCC 578 § 17, 1983)
At all times during the process of an outdoor festival, the
licensee shall maintain such emergency communications systems as the
Chief of that Fire Protection District with jurisdiction over the
site on which the outdoor festival is conducted and sheriff find reasonably
necessary for fire and police protection.
(SCC 578 § 17, 1983)
The licensee shall provide all exterior and interior access
ways which the sheriff and director of public works find necessary
for the use of those attending the outdoor festival. All such access
ways shall be clearly marked and delineated by means of curbs or temporary
buffers on the ground.
(SCC 578 § 17, 1983)
The licensee shall use such methods of dust control as are approved
by the county health officer. The county health officer shall approve
such methods if he finds that such methods will prevent the arising
of dust to an extent which may endanger public health and safety.
(SCC 578 § 17, 1983)
In selling, preparing, delivering, or serving food or beverages or both, all persons shall comply with the California Restaurant Act, Chapter 11 (beginning with Section 28600), Division 21, of the California Health and Safety Code and with Chapter 6.04 of the Sacramento County Code.
(SCC 578 § 17, 1983)
The licensee and owner or owners of the premises upon which
the outdoor festival would be held shall sign a unilateral written
contract promising that they will reimburse all owners and occupants
of property adjoining the subject premises for any and all loss, injury,
or damages to such owners or occupants or to their property caused
by the licensee, by the owner of the subject premises, or by any other
person attending the outdoor festival, which damage would not have
occurred had the outdoor festival not been held. Accompanying and
securing said agreement shall be a surety bond in favor of the County
of Sacramento and all persons to whom the licensee or owner of the
subject premises may be liable because of the above required agreement.
The bond shall be prepared by a corporate bonding company authorized
to do business within the State of California by the Department of
Insurance, and shall be in the amount of not less than fifty thousand
dollars, or ten dollars per person permitted by the license to attend
the outdoor festival, whichever is more.
(SCC 578 § 17, 1983)
The licensee and owner or owners of the premises upon which
the outdoor festival would be held shall sign a unilateral written
contract promising that, within seventy-two hours after the conclusion
of the outdoor festival, they will clean up the premises, including
contiguous public roads, ways, and easements, and remove all debris,
garbage, trash, litter, and other waste matter from, in, and around
the premises. Accompanying and securing this agreement shall be a
surety bond in favor of the County of Sacramento and all persons to
whom the applicant may be liable because of the above required agreement
prepared by a corporate bonding company authorized to do business
in the State of California by the Department of Insurance, obligating
the licensee and owner for all costs necessitated to clean up the
premises and to remove debris, garbage, trash, litter, or other waste
matter from, in, or around the premises. Such surety bond shall be
in the amount of not less than five thousand dollars.
(SCC 578 § 17, 1983)
Adequate facilities, services and accommodations for those in
attendance of an outdoor festival and required to otherwise protect
the public peace, health, safety and welfare necessitate a planned
limit upon the volume of potential attendance and the establishment
of means to ensure that the volume limit is not exceeded.
The licensee shall provide such facilities on the premises where
a festival is to be conducted and such personnel as the Sheriff deems
necessary to effectively control the number of persons in attendance
as required in order to ensure that the limit for which the Special
Business License is issued is not exceeded.
The licensee shall not admit to the outdoor festival, and shall
prevent the entrance thereto of, any person who does not possess a
ticket, except a peace officer or other public officer in the performance
of his duty. Admission to an outdoor festival shall be by ticket only.
The licensee shall not sell, give, or otherwise distribute or cause
to be distributed a greater number of tickets than the number of persons
the license permits to attend. The licensee shall not admit any person
to an outdoor festival if such admission would result in a greater
number of persons present than is permitted by the license.
The provisions of this section shall not be construed to require
that tickets be sold for money as distinguished from given away or
exchanged for some other consideration. Nor shall the provisions of
this section be construed to require the persons desiring to attend
to identify themselves either as a condition of receiving a ticket
or of admission.
(SCC 578 § 17, 1983)
The attendant harm and danger caused by large numbers of persons
who are under the influence of intoxicating liquor or prohibited drugs
necessitate the following restrictions.
No person shall, nor shall any licensee permit any person to
enter, be, or remain on any part of the premises on which an outdoor
festival is being conducted which such person is in possession of,
consuming, using, or under the influence of any alcoholic beverage
or legally proscribed dangerous drugs or narcotics.
(SCC 578 § 17, 1983)
No person shall advertise or announce by any means or medium,
including, but without limitation to, posters, pamphlets, handbills,
newspaper, radio or television, the holding of an outdoor festival
prior to the granting of a Special Business License permitting such
outdoor festival.
Any and all such advertising shall contain reference to the
fact that attendance is prohibited without possession of a ticket
or other entitlement to attend, and the maximum number of persons
permitted by the license to attend.
(SCC 578 § 17, 1983)
The licensee shall operate the outdoor festival only on those
days and during those hours specified in the Special Business License.
(SCC 578 § 17, 1983)
During the conduct of an outdoor festival for which a Special Business License has been issued under the provisions of Chapter 4.10 and this chapter, the Sheriff shall be empowered to interrupt and terminate the festival, order the cessation thereof, and order all persons in attendance to disburse if he or she finds any of the following:
a.
That
the actual attendance at the festival exceeds the maximum attendance
authorized by the License; or
b.
That violations of Section 4.38.110 are occurring in such volume or under such circumstances that available law enforcement and security resources are inadequate to effectively enforce the prohibitions of said Section; or
c.
That
any service on the site of the festival required by those in attendance
is insufficient, and the insufficiency endangers the health, safety
or welfare of those in attendance; or
d.
That
conduct violating the penal laws of the State of California is occurring
in such volume or under such circumstances that law enforcement and
security resources are insufficient to effectively prevent such violations.
|
It shall be unlawful for any person to violate an order issued
by the Sheriff under the authority conferred by this section.
|
(SCC 578 § 17, 1983)
No person shall sponsor, conduct, promote, advertise or sell or furnish tickets or other authority for an outdoor festival unless under and by authority of a valid, unexpired and unrevoked Special Business License authorizing the outdoor festival issued pursuant to the provisions of Chapter 4.10 and this chapter.
(SCC 578 § 17, 1983)
Notwithstanding the provisions of Chapter 4.10, an application for a Special Business License to conduct an outdoor festival shall be filed not later than ninety calendar days in advance of the date the festival is proposed to commence.
(SCC 578 § 17, 1983)
In addition to the matters prescribed by Section 4.10.030, an application for a Special Business License to conduct an outdoor festival shall contain that information and material prescribed by Sections 4.38.220 through 4.38.240.
(SCC 578 § 17, 1983)
The application shall include the name (including aliases),
age, residence, mailing address and telephone numbers of each person
making the application. If the application is filed by a partnership,
the name (including aliases), age, residence and mailing address,
the telephone numbers of each partner shall be included. If the application
is filed by a corporation, the application shall (i) be signed by
the president, vice president and secretary thereof and contain their
residences, mailing addresses, and telephone numbers, (ii) contain
the telephone numbers, the mailing addresses, and the street addresses
of the principal place of business of the corporation, and (iii) include
a certified copy of the articles of incorporation and the bylaws of
the corporation.
(SCC 578 § 17, 1983)
The application shall include the names, addresses and telephone
numbers of the owners of the premises upon which the proposed outdoor
festival, including automobile parking and other incidental uses,
is to be held, and the exact location, legal description, and area
of these premises. If any of the owners of the premises is a partnership,
the names, addresses, and telephone numbers of all partners shall
be included. If any of the owners of the premises is a corporation,
the street address and telephone numbers of the principal place of
business of the corporation, together with the names, addresses and
telephone numbers of the principal officers thereof, shall be included.
(SCC 578 § 17, 1983)
The application shall include:
a.
The
date or dates and the hours during which the proposed outdoor festival
is proposed to be conducted;
b.
A statement
of the maximum number of persons proposed to be admitted to the outdoor
festival on each day;
c.
Specification
of the means of identifying the persons permitted to attend the festival,
whether by tickets or otherwise; the number of tickets or other entitlements
to admission to be issued for distribution; the names and addresses
of all persons who are to receive such entitlements for distribution;
and the number of such entitlements to be provided to each distributor;
d.
Identification
of all fencing, the number and location of admission gates, security
and other measures proposed to ensure that actual attendance does
not exceed the maximum prescribed by the License; and
(SCC 578 § 17, 1983)
The application shall include a detailed statement of the applicant's plans to supply all facilities, services, resources and guarantees required by Sections 4.38.040 through 4.38.100; together with:
a.
The
names and addresses of all business entities or other person intended
to supply the facilities, services and resources, coupled with an
exact description of the facilities, services or resources each business
entity or other person is intended to supply;
b.
Contracts
or other written statements executed by the providers showing the
charges to be imposed for the facilities, services or resources to
be provided, and the dates and amounts of all deposits or other advance
payments required therefor; and
c.
Financial
statements by the applicant showing the availability of funds with
which to make any deposits or advance payments required.
|
The application shall include copies of the written instruments required by Sections 4.38.030, 4.38.095 and 4.38.100. The bonds required by Sections 4.38.095 and 4.38.100 shall be filed with the Treasurer-Tax Collector not later than the date of and as a condition precedent to issuance of the Special Business License.
|
(SCC 578 § 17, 1983)
The application shall include a map of white background print,
drawn to scale, showing:
a.
The
location of the property on which the proposed outdoor festival and
all related activities will be held;
b.
The
location of all highways, streets, alleys, lots, and parcels of land
within seven hundred feet of the exterior boundaries of the proposed
use;
c.
All
access ways to the property;
d.
All
exterior access ways;
e.
The
location of all buildings and structures on the premises, or to be
erected thereon, including, but without limitation to, all bandstands,
stages, tents other facilities for performers, and bleachers, tents
or seats for those attending;
f.
The
location of all loudspeakers; and
g.
The
location of all toilets, medical facilities, lighting, emergency communications,
drinking facilities, and solid waste receptacles.
(SCC 578 § 17, 1983)
An application shall not be deemed completed until each of the
following persons associated with an applicant has been fingerprinted
and photographed at the County Sheriff's Department:
a.
All
general partners, if the applicant is a partnership;
b.
All
joint venturers, if the applicant is a joint venture; and if one or
more of the joint venturers is a partnership or corporation, those
partners, directors or stockholders to whom the requirements of this
section would apply if the partnership or corporation were the applicant;
c.
A sole
proprietor, if the applicant is a sole proprietorship;
d.
All
owners of more than ten percent of the voting shares of stock, if
the applicant is a commercial corporation;
e.
All
directors, if the applicant is either a commercial or non-profit corporation;
f.
All
members of the management committee, if the applicant is a partnership
or joint venture;
g.
All
members of a governing body or other board or committee to which management
is entrusted, if the applicant is an unincorporated association; and
h.
Each
president, general manager, vice president, chief assistant manager,
secretary, treasurer or any officer with equivalent or similar authority
employed or retained by the firm who is the applicant.
(SCC 578 § 17, 1983)
Upon receipt of a fully completed application, the Treasurer-Tax
Collector shall provide copies thereof to the Sheriff, Director of
Health Department, Director of Public Works, Chief of the Fire Protection
District with jurisdiction over the site where the outdoor festival
is to be conducted, and Planning Director. Each of said officials
shall determine whether, with regard to their specific areas of responsibility
under this chapter, the proposed outdoor festival can be held without
violating any of the provisions of this chapter, and shall make such
determinations as are otherwise required by the provisions of this
chapter.
Each such official shall submit to the Treasurer-Tax Collector
within thirty calendar days following the date of filing of a completed
application his or her written findings, determinations and requirements.
(SCC 578 § 17, 1983)
Notwithstanding the provisions of Section 4.10.040, the Treasurer-Tax Collector shall act upon the application not later than thirty calendar days following the date of filing of the application, and the provisions of Subdivision "c" of Section 4.10.040 shall not constitute grounds for denial of a Special Business License to conduct an outdoor festival.
The Treasurer-Tax Collector shall issue the Special Business License within thirty days after the date on which the application is filed, unless, in addition to the grounds prescribed by Section 4.10.040, either:
a.
The
Planning Director, Sheriff, Director of Public Works, Chief of the
Fire Protection District with jurisdiction over the site where the
outdoor festival is to be conducted, or Director of Health has found
in writing that the proposed outdoor festival sites or facilities
would not comply with all health, zoning, fire and safety requirements
and standards imposed by the laws (including ordinances) applicable
to the site where the outdoor festival is to be conducted, including
this chapter; or
b.
The
Planning Director, Sheriff, Director of Public Works or Director of
Health finds in writing that any of the facilities, services, resources
or guarantees proposed by the applicant as required by this chapter
are insufficient to satisfy any discretionary requirement imposed
by any of said officials pursuant to authority conferred by this chapter;
or
c.
The
Treasurer-Tax Collector finds in writing that because of the inadequacy
of financial resources of the applicant or for other reasons that
there is a significant risk that any of the facilities, services,
resources or guarantees required of the applicant by this chapter
will not be provided.
(SCC 578 § 17, 1983)
A Special Business License authorizing an outdoor festival pursuant
to the provisions of this chapter, shall state on its face, and the
Treasurer-Tax Collector shall be vested with discretionary authority
to determine based upon considerations of health, safety and welfare
as identified by this chapter, the following:
a.
The
maximum number of persons authorized to attend the festival on each
date the festival will be conducted;
b.
The
dates and hours during which the festival may be conducted; and
c.
Such
conditions pertaining to conduct of the festival as may be deemed
appropriate.
|
To the extent that the License authorizes a lower maximum number of persons to attend the festival than proposed by the applicant, authorizes the festival on fewer dates or during more restricted hours than proposed by the applicant, or contains conditions to which the applicant objects, said provisions of the License shall be appealable in the same manner and in accordance with the same procedure as if the application had been denied, and said appeal shall be governed by the procedures and standards prescribed by Sections 4.10.110 through 4.10.130.
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(SCC 578 § 17, 1983)
