State law reference: Authority of Town to promote general welfare, Code of Virginia, § 15.2-1102.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- MUSICAL OR ENTERTAINMENT FESTIVAL
- Any gathering, publicly advertised by newspaper, radio, television or handbills, for the purpose of listening to or participating in entertainment which consists primarily of musical entertainment conducted for compensation in open spaces.
- OUTDOOR ENTERTAINMENT
- Any gathering of the general public which is publicly advertised by newspaper, radio, television, handbills or signs and for which an admission fee is charged.
The provisions of this article shall be strictly construed in order to effectively carry out the purpose of this article in the interest of the public health, welfare and safety of the citizens and residents of the Town.
No music shall be rendered at any festival or outdoor entertainment between the hours of 12:00 midnight and 8:00 a.m.
No music shall be played, either by mechanical devices or live performance, in such manner that the sound emanating therefrom shall be unreasonably audible beyond the property on which the festival or outdoor entertainment is located.
No person under 16 years of age shall be admitted to any festival or outdoor entertainment unless accompanied by a parent or guardian.
A bond in the amount of $15,000 shall be required and shall be conditioned to the removal and clearing of the premises so as to leave them in the same condition as they were found and further conditioned to the full and satisfactory execution and compliance with the terms of the permit under this article when issued. Such bond shall be payable to "Town of Appomattox." This bond requirement shall be waived for private property.
The daily fees and bond provided for in this article may be waived by the Town Council for established churches, chartered civic organizations or established schools, provided that all other provisions of this article shall be fully enforceable.
Any person who violates any provision of this article shall be guilty of a class 1 misdemeanor. Each day such violation continues shall be construed a separate offense.
The Town Council may bring suit in the circuit court to restrain, to enjoin or otherwise to prevent violation of this article.
All outdoor entertainment shall be subject to a permit requirement. This permit shall be issued by the county sheriff's department, subject to the rules and regulations and duration established by the county sheriff for each individual permit. A fee of $25 per day will be charged for issuance of this permit. The fee provided for in this section may be waived for established churches, chartered civic organizations, schools or school organizations. Violations of the terms of the permit or a failure to obtain a permit under the terms of this article shall be punishable as provided in § 50-8.
No person shall stage, promote or conduct any musical or entertainment festival or outdoor entertainment in the Town unless there shall have been first obtained from the Town Council a special entertainment permit for such festival or outdoor entertainment.
Application for a special entertainment permit shall be in writing on forms provided for the purpose and shall be filed in duplicate with the Town Clerk at least 30 days before the date of such festival or outdoor entertainment and at least 21 days prior to a regular meeting of the Town Council. The application shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by this article. A copy of the application shall be sent by the Town Clerk to each member of the Town Council.
It shall be the duty of the Town Manager, who is hereby designated as the agent of the Town for the purposes provided in this article, to inquire into the application for a permit under this article and, after diligent study of the nature of the application, so advise the applicant if the application falls within the exempt status provided for under § 50-7. Whenever the Town Manager determines that the application is not exempt from the requirements of this article, the applicant shall have the right of appeal to the Town Council at its next regularly scheduled meeting.
The permit required by § 50-10 shall not be issued unless the following conditions are met and the plans, statements and approvals are submitted to the Town Council with the application:
Tickets. Such application for special entertainment shall have attached to it a copy of the ticket or badge of admission to such festival or outdoor entertainment containing the date or dates and time or times of such festival or outdoor entertainment, together with a statement by the applicant of the total number of tickets to be offered for sale and the best reasonable estimate by the applicant of the number of persons expected to be in attendance.
Promoters and backers; performers. A statement of the names and addresses of the promoters of the festival or outdoor entertainment, the financial backing of the festival or outdoor entertainment, and the names of all persons or groups who have been invited to perform at such festival or outdoor entertainment.
Location. A statement of the location of the proposed festival or outdoor entertainment, the name and address of the owner of the property on which such festival or outdoor entertainment is to be held and the nature and interest of the applicant therein.
Sanitation facilities; garbage, trash and sewer disposal. A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at such festival or outdoor entertainment. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the county health officer.
Food, water and shelter. A plan for providing food, water and lodging for the persons at the festival or outdoor entertainment. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the county health officer.
Medical facilities. A plan for adequate medical facilities for persons at the festival or outdoor entertainment. This plan shall be approved by the county health officer.
Parking, crowd and traffic control. A plan for adequate parking facilities, crowd control and traffic control in and around the festival or outdoor entertainment area approved by the county sheriff.
Fire protection. A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the county's representative of the state division of forestry.
Lighting. A statement specifying whether any outdoor lights or lighting is to be utilized and, if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival or outdoor entertainment is located, and such lighting shall comply with the Uniform Statewide Building Code.
State law references: Sanitary requirements as to food and drink, Code of Virginia, § 3.1-365 et seq.; health regulations pertaining to sewage disposal, Code of Virginia, § 32.1-163 et seq.; health regulations as to public water supplies, Code of Virginia, § 32.1-167 et seq.
The Town Council shall have the right to revoke any permit issued under this article upon noncompliance with any of its provisions and conditions.
A fee in the amount of $25 per day for each day during which entertainment is to be presented shall be payable by the applicant to the county for the issuance of the permit. If for any reason other than the revocation of the permit provided for in this article the entertainment is presented for fewer than the number of days stipulated, the applicant shall be entitled to a refund of the unearned portions of the moneys collected. Upon compliance with the terms of this article, the agent of the Town Council shall issue a permit to the applicant for the days designated in the application.