The board of Kitsap County commissioners finds and declares that it is necessary for the protection of the health, welfare and property of the residents of the county that certain rules and regulations be established with regard to outdoor public musical entertainments, amusements and assemblies catering to the general public; and, further, that there is a danger to the people attending or taking part in the gathering if proper sanitary, health, fire, safety and police measures are not adequately provided and maintained; and, further, that it is necessary to pass under the police power of the county, an ordinance to regulate and license the holding of such outdoor musical assemblies.
(Ord. 60 (1975) § 1, 1975)
(a) 
“Applicant”
means the promoter who has the right of control of the conduct of an outdoor music festival who applies to the appropriate legislative authority for a license to hold an outdoor music festival.
(b) 
“Issuing authority”
means the board of Kitsap County commissioners.
(c) 
“Outdoor music festival” or “music festival” or “festival”
means an assembly of persons gathered primarily for outdoor, live or recorded musical entertainment, where the predicted attendance and/or actual attendance is five hundred persons or more, but less than two thousand persons, and where the duration of the program is five hours or longer; provided, that this definition shall not be applied to any regularly established permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, or other similar permanently established places of assembly for assemblies which do not exceed by more than two hundred fifty people for maximum seating capacity of the structure where the assembly is held; provided further, that this definition shall not apply to government-sponsored fairs held on regularly established fairgrounds nor to assemblies required to be licensed under other laws or regulations of the state.
(d) 
“Participate”
means to knowingly provide or deliver to the festival site supplies, materials, food, lumber, beverages, sound equipment, generators, or musical entertainment and/or to attend a music festival. A person shall be presumed to have knowingly provided, as that phrase is used herein, after he has been served with a court order.
(e) 
“Promoter”
means any person or other legal entity issued a permit to conduct an outdoor music festival.
(Ord. 60 (1975) § 2, 1975)
No person or other legal entity shall knowingly allow, conduct, hold, maintain, cause to be advertised or permit an outdoor music festival unless a valid permit has been obtained from the issuing authority for the operation of such music festival as provided for by this chapter. One such permit shall be required for each outdoor music festival. A permit may be granted for a period not to exceed sixteen consecutive days and a festival may be operated during any or all of the days within such period. Any person, persons, partnership, corporation, association, society, fraternal or social organization failing to comply with the rules, regulations or conditions contained in this chapter shall be subject to the appropriate penalties as prescribed by this chapter.
(Ord. 60 (1975) § 3, 1975)
Application for an outdoor music festival permit shall be in writing and filed with the clerk of the board of the Kitsap County commissioners. The application shall be filed not less than ninety days prior to the first scheduled day of the festival and shall be accompanied with a permit fee in the amount of two thousand five hundred dollars. The application shall include:
(1) 
The name of the person or other legal entity on behalf of whom the application is made; provided, that a natural person applying for such permit shall be eighteen years of age or older;
(2) 
A financial statement of the applicant;
(3) 
The name of the business organization of the applicant;
(4) 
Names and addresses of all individuals or other entities having a ten percent or more proprietary interest in the festival;
(5) 
The principal place of business of the applicant;
(6) 
A legal description of the land to be occupied, the name and address of the owner thereof, together with a document showing the consent of the owner to the issuance of a permit, if the land is owned by a person other than the applicant;
(7) 
The scheduled performances and program;
(8) 
Written confirmation from the Kitsap County health officer that he has reviewed and approved plans for site and development in accordance with rules, regulations and standards adopted by the State Board of Health. Such rules and regulations shall include criteria as the following and such other matters as the State Board of Health deems necessary to protect the public’s health:
(A) 
Submission of plans,
(B) 
Site,
(C) 
Water supply,
(D) 
Sewage disposal,
(E) 
Food preparation facilities,
(F) 
Toilet facilities,
(G) 
Solid waste,
(H) 
Insect and rodent control,
(I) 
Shelter,
(J) 
Dust control,
(K) 
Lighting,
(L) 
Emergency medical facilities,
(M) 
Emergency air evacuation,
(N) 
Attendant physicians,
(O) 
Communication systems;
(9) 
A written confirmation from the Kitsap County sheriff’s office showing that traffic control and crowd protection policing have been contracted for or otherwise provided by the applicant meeting the following conditions:
(A) 
One person for each two hundred persons reasonably expected to be in attendance at any time during the event for purposes of traffic and crowd control;
(B) 
The names and addresses of all traffic and crowd control personnel have been provided to the Kitsap County sheriff’s office; provided, that not less than twenty percent of the traffic and crowd control personnel shall be commissioned police officers or deputy sheriffs; provided further, that on and after the effective date of the 1975 ordinance codified in this chapter any commissioned police officer or deputy sheriff who is employed and compensated by the promoter of an outdoor music festival shall not be eligible and shall not receive any benefits whatsoever from any public pension or disability plan of which he is a member for the time he is so employed or for any injuries received during the course of such employment;
(C) 
During the hours that the festival site shall be open to the public there shall be at least one Kitsap County deputy sheriff for every one thousand persons in attendance and the deputy sheriff shall be on duty within the confines of the actual outdoor music festival site;
(D) 
All law enforcement personnel shall be charged with enforcing the provisions of this chapter and all existing statutes, ordinances and regulations;
(10) 
A written confirmation from the Kitsap County sheriff’s office that sufficient access roads are available for ingress and egress to the parking areas of the outdoor music festival site and that parking areas are available on the actual site of the festival or immediately adjacent thereto which are capable of accommodating one auto for every four persons in estimated attendance at the outdoor music festival site;
(11) 
A written confirmation from the Department of Natural Resources, where applicable, and the office of the State Fire Marshal that all fire prevention requirements have been complied with;
(12) 
A written statement of the applicant that all state and local law enforcement officers, fire control officers and other necessary governmental personnel shall have free access to the site of the outdoor music festival;
(13) 
A statement that the applicant will abide by the provisions of this chapter;
(14) 
The verifications of the applicant warranting the truth of the matters set forth in the application to the best of the applicant’s knowledge, under the penalty of perjury.
(Ord. 60 (1975) § 4, 1975)
Within fifteen days after the filing of the application, the issuing authority shall either approve or deny the permit to the applicant. Any denial shall set forth in detail the specific grounds therefor. The applicant shall have fifteen days after the receipt of such denial or such additional time as the issuing authority shall grant to correct the deficiencies set forth and the issuing authority shall, within fifteen days after receipt of such corrections, either approve or deny the permit. Any denial shall set forth in detail the specific grounds therefor.
After the applicant has filed corrections and the issuing authority has thereafter again denied the permit, the applicant may, within five days after receipt of such second denial, seek judicial review of such denial by filing a petition in the superior court for Kitsap County. The review shall take precedence over all other civil actions and shall be conducted by the court without a jury. The court shall, upon request, hear oral argument and receive written briefs and shall either affirm the denial or order that the permit be issued. An applicant may not use any other procedure to obtain judicial review of a denial.
(Ord. 60 (1975) § 5, 1975)
Any local agency requested by an applicant to give written approval as required by Section 6.20.040 may, within fifteen days after the applicant has filed his application, apply to the issuing authority for reimbursement of expenses reasonably incurred in reviewing such request. Upon a finding that such expenses were reasonably incurred, the issuing authority shall reimburse the local agency therefor from the funds of the permit fee. The issuing authority shall, prior to the first scheduled date of the festival, return to the applicant that portion of the permit fee remaining after all such reimbursements have been made.
(Ord. 60 (1975) § 6, 1975)
(a) 
After the application has been approved, the promoter shall deposit with the issuing authority, a cash deposit or surety bond in an amount specified by the issuing authority. The bond or deposit shall be used to pay any costs or charges incurred to regulate health or to clean up afterwards outside the festival grounds or any extraordinary costs or charges incurred to regulate traffic or parking. The bond or other deposit shall be returned to the promoter when the issuing authority is satisfied that no claims for damage or loss will be made against the bond or deposit, or that the loss or damage claimed is less than the amount of the deposit, in which case the uncommitted balance thereof shall be returned; provided, that the bond or cash deposit or the uncommitted portion thereof shall be returned not later than thirty days after the last day of the festival.
(b) 
In addition, the promoter shall be required to furnish evidence that he has in full force and effect a liability insurance policy in an amount of not less than one hundred thousand dollars bodily injury coverage per person covering any bodily injury negligently caused by any officer or employee of the festival while acting in the performance of his or her duties. The policy shall name the issuing authority of the permit as an additional named insured.
(c) 
In addition, the promoter shall be required to furnish evidence that he has in full force and effect a one hundred thousand dollar liability property damage insurance policy covering any property damaged due to negligent failure by any officer or employee of the festival to carry out duties imposed by this chapter. The policy shall have the issuing authority of the permit as an additional named insured.
(Ord. 60 (1975) § 7, 1975)
(a) 
Revocation of any permit granted pursuant to this chapter shall not preclude the imposition of penalties as provided for in this chapter and the laws of the state. Any permit granted pursuant to the provisions of this chapter to conduct a music festival shall be summarily revoked by the issuing authority when it finds that by reason of emergency the public peace, health, safety, morals or welfare can only be preserved and protected by such revocation.
(b) 
Any permit granted pursuant to the provisions of this chapter to conduct a music festival may otherwise be revoked for any material violation of this chapter or the laws of the state after a hearing held upon not less than three days’ notice served upon the promoter personally or by certified mail.
(c) 
Every permit issued under the provisions of this chapter shall state that such permit is issued as a measure to protect and preserve the public peace, health, safety, morals and welfare, and that the right of the board of Kitsap County commissioners to revoke such permit is a consideration of its issuance.
(Ord. 60 (1975) § 8, 1975)
No person, persons, partnership, corporation, association, society, fraternal or social organization to whom a music festival permit has been granted shall, during the time an outdoor music festival is in operation, knowingly permit or allow any person to bring upon the premises of the music festival, any controlled substance as defined by Chapter 69.50 RCW, or knowingly permit or allow controlled substances to be consumed on the premises, and no person shall take or carry onto the premises any controlled substance.
(Ord. 60 (1975) § 9, 1975)
No person under the age of sixteen years shall be admitted to any outdoor music festival without the escort of his or her parents or legal guardian and proof of age shall be provided upon request.
(Ord. 60 (1975) § 11, 1975)
Any permit granted pursuant to this chapter shall be posted in a conspicuous place on the site of the outdoor music festival and such permit shall not be transferable or assignable without the consent of the issuing authority.
(Ord. 60 (1975) § 12, 1975)
The department of revenue shall be allowed to inspect the books and records of any outdoor music festival during the period of operation of the festival and after the festival has concluded for the purpose of determining whether or not the tax laws of this state are complied with.
(Ord. 60 (1975) § 14, 1975)
(a) 
It is unlawful for any person, except law enforcement officers, to carry, transport or convey, or to have in his possession or under his control any firearm while on the site of an outdoor music festival.
(b) 
Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars and not more than two hundred dollars or by imprisonment in the county jail for not less than ten days and not more than ninety days or by both such fine and imprisonment.
(Ord. 60 (1975) § 15, 1975)
All preparations required to be made by the provisions of this chapter on the music festival site shall be completed thirty days prior to the first day scheduled for the festival. Upon such date or such earlier date when all preparations have been completed, the promoter shall notify the issuing authority thereof, and the issuing authority shall make an inspection of the festival site to determine if such preparations are in reasonably full compliance with plans submitted pursuant to Section 6.20.040. If a material violation exists, the issuing authority shall move to revoke the music festival permit in the manner provided by Section 6.20.080.
(Ord. 60 (1975) § 16, 1975)
Any person who willfully fails to comply with the rules, regulations and conditions set forth in this chapter or who aids or abets such a violation or failure to comply, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment in the county jail for not more than ninety days.
(Ord. 60 (1975) § 13, 1975)