When granting a license, the license collector shall ordinarily impose the conditions specified in this Article and such additional conditions as the license collector determines to be necessary to protect the public health, safety and general welfare. However, if the license collector determines in any case that the public health, safety and general welfare will not be endangered by setting a lesser standard, the license collector shall have the power to set such lower standard.
(Added by Ord. No. 3390, effective 8-20-09)
The applicant shall deposit security with the County to guarantee the cleaning up of the property and the reimbursement to adjoining owners, in accordance with the contracts required under subdivisions (e) and (f) of section 6-23-2040 of this Chapter. Such security shall be in the form of cash or negotiable bonds of the kind approved for securing deposits of public money, which shall be deposited with the license col lector and remain on deposit until the licensee has fulfilled his or her obligations. In lieu of a deposit of cash or bonds, the applicant may furnish a performance bond executed by a corporate surety authorized to do business in the State of California. Said performance bond shall inure to the benefit of the County, its officers, employees and agents, the owners of all property used in connection with the outdoor festival, and all owners and occupants of property adjoining the property used for the outdoor festival. Said cash deposit, negotiable bonds or performance bond shall be in the amount of Ten Dollars ($10.00) for each person permitted to attend the outdoor festival under the license or in the sum of Fifty Thousand Dollars ($50,000), whichever is less.
(Added by Ord. No. 3390, effective 8-20-09)
The applicant shall file with the license collector a policy of public liability and property damage insurance, issued by a company duly and legally licensed to transact business in the State of California, covering personal injuries, including wrongful death, and claims for property damage that arise from the operation of the outdoor festival. Said insurance policy shall be issued at the expense of the applicant and maintained by the licensee during the entire period that the outdoor festival is in operation and shall contain a provision that the policy will not be canceled without ten (10) days' prior written notice by the insurance company to the license collector. Said insurance policy shall be in a form approved by the County Risk Manager. Said insurance policy shall name the County and its officers, employees and agents as additional insureds. The minimum limits on said insurance shall be established by the Board of Supervisors at the time of granting the license.
(Added by Ord. No. 3390, effective 8-20-09)
The licensee shall furnish one (1) security guard, either approved by the Sheriff or supplied by the private patrol operator whose name and address is stated in the application, and who is licensed pursuant to Business and Professions Code section 7582 et seq., for each two hundred (200) persons which the license permits to attend an outdoor festival. Such security guards shall wear uniforms at all times and shall be constantly in attendance during the entire period commencing one (1) hour before the start of the outdoor festival and ending one (1) hour after the final termination of the outdoor festival. Such security guards shall devote their entire time and attention to keeping order and enforcing all applicable state laws, County ordinances and the requirements of the license, as authorized by the Business and Professions Code.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
The licensee shall provide such fire protection and fire safety measures as the Fire Chief determines to be necessary to protect those attending the outdoor festival, their properties and the properties of the adjacent owners.
(Added by Ord. No. 3390, effective 8-20-09)
The licensee shall install and maintain, at all times while the outdoor festival is in progress, an emergency communications system which both the Sheriff and Fire Chief determine to be adequate for fire and police protection.
(Added by Ord. No. 3390, effective 8-20-09)
The applicant shall provide emergency medical and first aid treatment facilities, and adequate facilities for evacuating sick and injured persons. The location of such facilities, the number of doctors, nurses and other aides needed to staff said facilities and the quantity and nature of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the Health Officer.
(Added by Ord. No. 3390, effective 8-20-09)
The licensee shall provide an ample supply of water for drinking and sanitation purposes on the property on which the outdoor festival is conducted. One (1) drinking fountain shall be supplied for each five hundred (500) persons which the license permits to attend the outdoor festival. The quantity and quality of water and the location of facilities shall be approved by the Health Officer.
(Added by Ord. No. 3390, effective 8-20-09)
The licensee shall provide at least one (1) water closet and one (1) urinal for every two hundred (200) males and one (1) water closet for every one hundred (100) females which the license permits to attend the outdoor festival. If a single compartment contains a water closet and a urinal, this shall be counted as one (1) water closet or as one (1) urinal, but not as both. In areas where it is not practical to provide flush type toilets, portable chemical toilets may be used. Chemical toilets shall be emptied by the licensee as necessary and pursuant to procedures approved by the Health Officer. The licensee shall provide one (1) lavatory for each two (2) water closets and urinals required. If both sexes are to be admitted to the outdoor festival, it shall be assumed that an equal number of each sex will attend, for the purpose of furnishing facilities required by this section.
(Added by Ord. No. 3390, effective 8-20-09)
The licensee shall dispose of all solid waste material by conveyance to a site designated by the Health Officer, and the area where the outdoor festival and parking occurred shall be returned to a litter-free condition within seventy-two (72) hours after the outdoor festival is concluded, all to the satisfaction of the Health Officer. The licensee shall furnish at least one (1) trash can with thirty-two (32) gallons capacity for every twenty-five (25) persons which the license permits to attend the outdoor festival.
(Added by Ord. No. 3390, effective 8-20-09)
The licensee shall arrange for providing food at the site for each day of operation to adequately feed the number of persons which the license permits to attend the outdoor festival. The quality and quantity of food and location of concessions shall be approved by the Health Officer.
(Added by Ord. No. 3390, effective 8-20-09)
The licensee shall provide adequate parking areas for persons traveling to the outdoor festival by motor vehicle. One (1) parking space not less than eight (8) feet in width and having a net usable area, exclusive of drives, of at least one hundred forty (140) square feet shall be provided for every two (2) persons which the license permits to attend the outdoor festival. Such parking spaces shall be graded, marked, and separated by a physical barrier from the area where the patrons will watch the performance. The Director of the Resource Management Agency shall review the parking plan and determine whether it will be adequate for the purpose. At all times, commencing one (1) hour before the start of the outdoor festival and ending one (1) hour after the termination of the outdoor festival, the licensee shall provide parking attendants at each entrance and exit to the parking lot and within the parking lot.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
The licensee shall provide all exterior and interior access ways which the Director of the Resource Management Agency determines to be necessary for the use of persons attending the festival. Such access shall be provided from a road maintained by the County or the State to the property used for the outdoor festival. All exterior and interior access ways shall be clearly delineated by means of curbs or buffers on the ground. The licensee shall not permit any person to occupy any such access way except for the purpose of access or to cross the same. A sufficient number of traffic guards shall be provided to ensure orderly traffic movement, eliminate traffic congestion, and ensure adequate control of all traffic on the premises at all times.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
If the Director of the Resource Management Agency determines that roadside parking, ingress and egress to parking areas, or vehicle and pedestrian traffic incident to the outdoor festival require that signs, lights, barricades, fences, or other devices are needed within public road rights-of-way to prevent accidents or damage to the public, such devices shall be furnished, erected, maintained and removed by the licensee. The licensee shall also furnish such flaggers and guards as necessary to safely direct traffic or give adequate warning to traffic of any dangerous condition to be encountered.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
The licensee shall use methods of dust control approved by the Health Officer as being adequate to prevent any danger to the public health and safety.
(Added by Ord. No. 3390, effective 8-20-09)
The licensee shall follow methods approved by the Director of the Resource Management Agency in order to prevent the music and other sounds generated by the outdoor festival from being injurious or offensive to inhabitants of the area. There shall be a minimum distance of one thousand three hundred twenty (1,320) feet between the source of such sound and the nearest place of human habitation.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
A licensee who intends to conduct an outdoor festival after dark, or to allow persons to remain on the premises after dark, shall provide electrical illumination to ensure that those areas which are occupied will be lighted at all times. The Director of the Resource Management Agency shall determine whether the applicant's lighting plan will be adequate for the purpose. The licensee shall illuminate the various areas in accordance with the following scale of lighting intensity:
Open areas reserved for spectators
5 to 10 foot-candles
Stage areas
75 to 100 foot-candles
Parking and overnight areas
1 to 5 foot-candles
Restroom and concession areas
20 to 50 foot-candles
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
All animals brought to an outdoor festival shall be kept on a leash or otherwise confined at all times by the person having control, custody or possession of the animal.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
A licensee who allows persons to remain on the premises overnight shall provide camping facilities and overnight areas. Such proposed areas and facilities shall be reviewed and approved by the Health Officer.
(Added by Ord. No. 3390, effective 8-20-09)
A licensee shall not operate or conduct, or allow to be operated or conducted, an outdoor festival between the hours of 2:00 a.m. and 6:00 a.m. of any day.
(Added by Ord. No. 3390, effective 8-20-09)