"Outdoor festival"
means any music festival, dance festival, "rock" festival or similar musical activity, at which music is provided by paid or amateur performers or by pre-recorded means, which is held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of conducting such activities or similar activities, and to which members of the public are invited or admitted for a charge or free of cost.
(Prior code § 6580.0)
No person shall operate, maintain, conduct, advertise or sell, or furnish tickets for an outdoor festival in the city, unless he or she shall first obtain a license from the city to operate or conduct such festival.
(Prior code § 6581.0)
Application for a license to conduct an outdoor festival shall be made in writing to the city manager of the city at least 60 days prior to the time indicated for the commencement of the planned activity, and shall be accompanied by a non-refundable application fee of $120.00, and shall contain the following information:
A. 
The name, age, residence and mailing address of the person making the application. If the application is made by a partnership, the names and addresses of the partners must appear. Where the applicant is a corporation, the application must be signed by the president, vice-president and secretary thereof and must contain the addresses of the corporate officers, and a certified copy of the articles of incorporation shall be submitted with the application.
B. 
A statement of the kind, character, or type of festival which the applicant proposes to conduct, operate or carry on.
C. 
The address or legal description of the place where the proposed festival is to be conducted, operated or carried on. Additionally, the applicant must submit proof of ownership of the place where the festival is to be conducted, or a statement signed by the owner of the premises indicating his or her consent that the site be used for the proposed festival.
D. 
The date or dates and the hours during which the festival is to be conducted.
E. 
An estimate of the number of customers, spectators, participants and other persons expected to attend the festival for each day it is conducted.
F. 
The applicant shall provide names and addresses of anyone contributing, investing or having a financial interest greater than $500.00 in producing the festival.
(Prior code § 6581.1)
A detailed explanation of the applicant's plans to provide security and fire protection, water supply and facilities, food supply and facilities, sanitation facilities, medical facilities and services, vehicle parking space, vehicle access and on-site traffic control, and, 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 be submitted with the application. The applicant's plans shall include what provisions shall be made for numbers of spectators in excess of the estimates, provisions for cleanup of the premises and removal of rubbish after the event has concluded. A plot plan showing arrangement of the facilities, including those for parking, egress and ingress shall be submitted with the application.
(Prior code § 6581.2)
In the event that the city manager finds, after a review of the application and festival plans, that the planned festival will not create a need for any substantial increase in any of the city services or facilities furnished or controlled by the city or county of San Bernardino, in the area of the activity planned, including but not limited to the following:
A. 
Police security;
B. 
Fire protection;
C. 
Water supply and facilities;
D. 
Sanitation facilities;
E. 
Vehicular parking;
F. 
Vehicle access and on-site traffic control;
G. 
Food supply and facilities;
then the city manager shall present his or her findings to the city council at its next meeting, at which time the council shall review the application and plan submitted. If the council also makes a finding that the planned festival will not create a need for any substantial increase in any of the city services or facilities furnished or controlled by the city or county of San Bernardino in the area of the activity planned, including those set forth above, then the council may direct that the license shall issue as requested by the applicant, subject to such reasonable rules and regulations as may be prescribed by the council; and Sections 5.40.060 through 5.40.100 of this chapter shall not apply to the licensee in reference to the license so requested.
(Prior code § 6581.2.1)
In the event that the application is not submitted to the council within 30 days of its filing, or in the event that the council finds that the festival planned will create a need for a substantial increase in any of the city services or facilities furnished or controlled by the city in the area of the planned activity, including those named in Section 5.40.050 of this chapter, then the city clerk shall notify the applicant of this finding, and the applicant shall pay an additional $90.00 on the application fee. Upon receipt of the additional fee, the city clerk shall set the application for public hearing at a regular meeting of the city council, not less than 15 days nor more than 30 days thereafter, and shall give not less than 10 days' written notice thereof to the applicant. The city clerk shall promptly give notice of hearing and copies of the application to the San Bernardino County health officer who shall review the application and report in writing to the city council not later than the hearing, with appropriate recommendations related to their official functions.
(Prior code § 6581.3)
Based upon the testimony of the witnesses and evidence presented at the hearing, the city council may approve granting of the license on set conditions which must be approved and/or upon security given that must be posted before a license may be granted, or the city council may deny the granting of the license. If conditions are imposed by the city council, the applicant shall furnish or cause to be furnished to the city manager proof that all conditions have been met before the license may be issued.
(Prior code § 6581.4)
When the city manager certifies that conditions have been met, the business license officer shall, upon payment of $600.00 per day of operation, issue a license specifying the name and address of the licensee, the kind of festival licensed and the number of days operation is authorized. The licensee shall keep the license posted in a conspicuous place upon the premises at which the festival is conducted. No license issued pursuant to this chapter shall be transferable or removed to another location.
(Prior code § 6581.5)
A. 
At the hearing required under Section 5.04.070, the city council may establish conditions which must be met prior to the issuance of any license under this chapter, except that the city council may take a matter under submission before determining which conditions shall be imposed. Where the city council takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license must be mailed to the applicant within 15 days of the original hearing.
B. 
The conditions which may be imposed by the city council pursuant to the city's general police power for the protection of health, safety and property of local residents and persons attending festivals in the city are as follows:
1. 
Police Protection. Every licensee shall employ, at his or her own expense, police protection. The number and type of officers shall be determined and specified by the city council to provide for the preservation of order and protection of property in and around the place of the festival. Funds to employ this specified number of law enforcement officers at the current hourly salary rate for police officers, shall be deposited with the city at least 10 days prior to the specified date the activity is to occur in the form of a cashier's check payable to the city. A minimum of one law enforcement officer for every 300 persons expected to be in attendance shall be required. Where the council specifies the employment of off-duty peace officers to meet the requirements of this chapter, such peace officers shall be under the complete direction and control of the police chief of the city. The police chief must be satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to and following the event, before a license is issued.
2. 
Water Facilities. Every licensee shall obtain from the city water superintendent an ample supply of potable water for drinking and sanitation purposes on the premises of the festival. Location of water facilities on the premises must be approved by the San Bernardino County health officer prior to issuance of a license. The minimum supply of water to outdoor festival shall be 15 gallons of water for each person in attendance per day. All water shall meet U. S. Public Health Service standards. Public and private flush-type water closets, lavatories and drinking facilities shall be required as determined by the San Bernardino County health officer. Sewage and drainage systems relating to such facilities shall meet the requirements of the Health and Safety Code, the San Bernardino County Code Titles 3 and 6, and be subject to the prior approval of the San Bernardino County health officer and city chief building official.
3. 
Food Concessions. Where the proposed festival is to be held a substantial distance from public eating places, food handling places or like establishments, applicant shall be required to demonstrate that food will be available at the premises for each day of operation to feed adequately the number of persons expected to be in attendance. Concessionaires must be licensed by the city and operate under a valid San Bernardino County health department permit pursuant to local ordinances and state laws. Every licensee shall provide at least one flush-type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation. Under no circumstances shall the San Bernardino County health officer issue an operating permit unless such flush-type water closets and lavatories are located more than 100 feet from the food concession or operation. All lavatories required in conjunction 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 a sewage disposal system approved by the county health officer and city chief building official.
4. 
Sanitation Facilities Required.
a. 
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 a festival on the basis of one flush-type water closet for each 40 males and one for each 40 females expected to be in attendance. Urinals may be substituted for the required flush-type water closets for men on the ratio of one urinal and one flush-type water closet per 60 males. Lavatories shall be provided with cold water under pressure on the basis of one lavatory for each 75 persons expected to be in attendance. Soap and paper towels shall be provided in each lavatory. 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 San Bernardino 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 San Bernardino County health officer. The requirement for water 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 refuse container with 36 gallon capacity with a tight-fitting lid for each 25 persons expected to be in attendance; an adequate supply of plastic bag liners to fit the trash receptacles shall be provided, and each container shall at all times have a plastic bag liner inserted that when full shall be tied, removed and a new plastic bag liner inserted. The pick up and removal of refuse, trash, garbage and rubbish shall be at least once a day and more often if required by the health officer.
b. 
A signed contract with the city shall be submitted to the city council and a copy of same filed with the San Bernardino County health officer. Removal of all trash and refuse shall be at the licensee's expense.
5. 
Medical Facilities.
a. 
Where a proposed festival is expected to attract a large number of persons for a site located a substantial distance from adequate existing treatment facilities, the applicant shall be required to provide emergency medical treatment facilities on the premises of the festival.
b. 
Where the proposed festival is located close to adequate existing facilities, the applicant shall provide as required by the San Bernardino County health officer emergency treatment facilities on the premises of the festival.
c. 
The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff such facilities and the quantity of medical supplies, drugs, ambulances, and other equipment that must be on the site shall be approved by the San Bernardino County health officer prior to the issuance of any license under this chapter.
d. 
The San Bernardino County health officer shall calculate the need for medical services, based on the number of persons expected to attend a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. Traffic lanes and other adequate spaces shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients, or staff to appropriate on and off-site treatment facilities.
6. 
Parking Areas.
a. 
Every licensee shall provide adequate parking space for persons attending the festival by motor vehicle.
b. 
Persons desiring to operate or conduct a festival may be called upon to provide a separate parking space for every two persons expected to attend the festival by motor vehicle. Such individual parking spaces shall be clearly marked and shall not be less than 10 feet wide and 20 feet long. The city must approve an applicant's parking plan before a license shall be issued.
7. 
Access and Parking Control. Every licensee shall provide adequate ingress and egress to festival premises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to insure orderly flow of traffic into the premises from a highway or road which is a part of the city street system or which is a highway maintained by the state of California. A special accessway for fire equipment, ambulances and other emergency vehicles may be required. The city must approve the licensee's plan for ingress and egress before a license shall be issued. Additionally, any applicant may be required to show that traffic guards are under his or her employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area.
8. 
Hours of Operation. All festivals which are subject to license under this chapter shall close and cease operation continuously between the hours of 2:00 a.m. and 6:00 a.m. of each and every day.
9. 
Illumination. Every licensee planning to conduct a festival after dark, or planning to allow persons who attend the festival 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 city must approve an applicant's lighting plan as a prerequisite to issuance of a license hereunder. A licensee may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:
Illumination
Watts Square Feet
Open areas reserved for spectators
0.50
Stage areas
5.00
Parking and overnight areas
0.25
Restroom and concession areas
1.00
10. 
Overnight Camping Facilities. Every licensee authorized to allow persons who attend the festival 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 the mobilehome parks, special occupancy trailer parks and campgrounds including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps. Such areas and facilities shall be approved by the San Bernardino County health officer and city chief building official prior to the issuance of any license.
11. 
Bonds. Any licensee may be called upon to post an indemnity bond and/or a performance bond in favor of the city in connection with the operation of a festival. Bonds required by this chapter must be approved by the city attorney prior to the issuance of a license. An applicant may be required to submit a surety bond written by a corporate bonding company authorized to do business in the state of California by the department of insurance, in a penal amount determined by the city council. The bond shall indemnify the city, its agents, officers, servants and employees and the city councilmen of the city against any and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with, the festival, and shall indemnify against loss, injury and damage to both person and property.
Additionally, the city council may demand that applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the state of California, indemnifying the city and the owners of property adjoining the festival site for any costs necessitated for cleaning up and/or removing debris, trash, or other waste from, in, and around the premises. The bond shall be in an amount determined by the city council.
12. 
Fire Protection. Every licensee shall provide at his or her own expense adequate fire protection as determined by the city council. If the event is located in a hazardous fire area as defined by the San Bernardino County fire code, a suitable number of fire guards shall be employed by the licensee who shall be approved by the Upland fire chief. 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.
13. 
Financial Statements. Each licensee shall be required to provide a financial statement to give assurance of the ability of the promoters and/or applicants to meet the conditions of the permit.
14. 
Communication. Licensee shall be required to establish a communication system for public use where ordinary communications are not available.
15. 
Miscellaneous. Any applicant may be required to meet any other condition prior to receiving a license to conduct a festival which is reasonably calculated as necessary to protect the health, welfare and property of local residents and persons attending a festival.
(Prior code § 6581.6)
A. 
After holding the required public hearing, the city council may deny issuance of license if it finds any of the following:
1. 
That the applicant fails to meet the conditions imposed pursuant to the chapter;
2. 
That the proposed festival will be conducted in a manner and/or location not meeting the health, zoning, fire or building and safety standards established by the ordinances of the city, county of San Bernardino or the laws of the state of California;
3. 
That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license, or in any other document required pursuant to this chapter;
4. 
That the applicant, his or her employee, agent, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate, or manager, has previously conducted the type of festival being applied for which resulted in the creation of a public or private nuisance;
5. 
That the applicant, his or her employee, agent or any person associated with applicant as partner, director, officer, stockholder, associate, or manager has been convicted in a court of competent jurisdiction, by final judgment of:
a. 
An offense involving the presentation, exhibition, or performance of an obscene production, motion picture or place; or of selling obscene matter, or
b. 
An offense involving lewd conduct, or
c. 
An offense involving the use of force and violence upon the person of another, or
d. 
An offense involving misconduct with children, or
e. 
A felony offense.
B. 
Where the application is denied, the city clerk shall mail to the applicant written notice of denial within 14 days of the action, which notice shall include a statement of the reasons the application was denied.
(Prior code § 6581.7)
Any person may file a complaint with the city clerk or may petition the city council to conduct a hearing concerning the revocation of the license of any licensee. The city clerk shall notice the petition for hearing in accordance with the provisions of Section 5.40.060.
(Prior code § 6582.1)
The city council shall have the power to revoke any license, or to revoke and reinstate any license upon suitable conditions, when the following causes exist:
A. 
The licensee fails, neglects or refuses to pay to the city the fee prescribed by this chapter;
B. 
The licensee, or his or her employee or agent, fails, neglects or refuses to fulfill any or all of the conditions imposed pursuant to this chapter;
C. 
The licensee allows the festival to be conducted in a manner which violates any law or regulation established by the ordinances of the city, county of San Bernardino, or the laws of the state of California;
D. 
The licensee allows the festival to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the festival while under the influence of intoxicating liquor, or any narcotic or dangerous drug;
E. 
The licensee, or his or her employee or agent, is convicted of any of the offenses enumerated under Section 5.40.100.
(Prior code § 6582.2)
Notice of intent to revoke any license shall be given and the licensee shall be entitled to a hearing. The city clerk shall give notice, setting forth the causes for revocation, and shall state the time and place at which the matter of revocation will be heard before the city council. Said notice shall be mailed not later than 10 days prior to the date set for hearing. The city council shall hear all interested parties and may revoke a license only for one or more causes enumerated by Section 5.40.120.
(Prior code § 6582.3)
A. 
It is unlawful for any licensee, employee, agent or person associated with said licensee to do any of the follow-ing:
1. 
Conduct or operate a festival without first procuring a license to do so;
2. 
Sell tickets to a festival without a license first having been obtained;
3. 
Operate, conduct or carry on any festival in such a manner as to create a public or private nuisance;
4. 
Exhibit, show or conduct within the place of festival any obscene, indecent, vulgar or lewd exhibition, show, play, entertainment or exhibit, no matter by what name designated;
5. 
Allow any person on the premises of the licensed festival to cause or create a disturbance in, around, or near any place of festival, by offensive or disorderly conduct;
6. 
Knowingly allow any person to consume, sell, or be in possession of intoxicating liquor while in a place of a festival, except where such consumption or possession is expressly authorized under the terms of this chapter and under the laws of the state of California;
7. 
Knowingly allow any person at a licensed festival to use, sell, or be in possession of any narcotic or dangerous drug while in, around, or near a place of the festival.
B. 
Any of the above enumerated violations shall constitute a criminal act and shall be punishable pursuant to ordinances of the city and the laws of the state of California. It is provided, however, that the city retains any and all civil remedies, including the right of civil injunction for the prevention of such violations and for the recovery of money damages therefor.
(Prior code § 6583.1)