[HISTORY: Adopted by the County Legislature of the County of Sullivan 6-21-2001
by L.L. No. 2-2001.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former Ch. 92, Mass Public
Assemblies, adopted by the Board of Supervisors (now County Legislature) 6-29-1970
by L.L. No. 1-1970, as amended.
A.
Outdoor public entertainments, amusements and assemblies
have occurred in Sullivan County and elsewhere on previously undeveloped sites,
attended by assemblies exceeding 100,000 persons who camp on the site during
the event in tents, trailers and other similar facilities usually furnished
by the individual. The mass assembly of persons in Sullivan County for such
events in number of 20,000 or more has and would temporarily substantially
increase the number of persons residing within the County of Sullivan beyond
its normal population, thereby causing problems and demands considerably beyond
the capability of existing municipal services and facilities now available
in Sullivan County.
B.
In order to prepare for such an event, it would be necessary
to provide a temporary community with all the services required for the health,
welfare and safety of the persons in attendance. Adequate provision must be
assured for sanitation and sanitary facilities and services; water supply;
food service; garbage and refuse collection and disposal; hospital, medical,
nursing and ambulance service; policing and traffic control; parking facilities
and control; and communications and power systems, all of which are normally
subject to governmental regulation and licensing. The temporary furnishing
of such services and facilities for outdoor public musical entertainment,
amusement or assembly intended to be attended by 20,000 or more persons similarly
requires municipal approval and regulation.
C.
Also, the conduct of such events would create a mass
movement of people through the County of Sullivan, principally upon its public
streets and highways, of a magnitude not usually experienced by the County
of Sullivan with the likelihood of damage and injury to persons and property
within the County of Sullivan. It is believed necessary that persons, corporations,
organizations, landowners and lessees conducting such events must provide
adequate financial assurance to protect persons and public and private property
within the county.
D.
The Sullivan County Legislature, therefore, finds and
declares that it is necessary for the government, protection, order, conduct,
safety, health and well being of persons and property within the County of
Sullivan, in regard to outdoor public entertainments, amusements and assemblies
catering to the general public, that certain rules and regulations be established,
and, further, that there is danger to the people attending or taking part
in such events if proper sanitary, police and other health and safety measures
are not adequately provided for, and, further, that it is necessary to adopt
under the police power of the county a local law to regulate and license the
holding of such outdoor public musical entertainments, amusements and assemblies.
As used in this chapter, the following terms shall have the meanings
indicated:
Any 24 consecutive hours or less;
Any outdoor public entertainment, amusement, or assembly of individuals
within the County of Sullivan catering to the general public, but does not
include a parade.
Any person to whom a license has been issued and remains in effect
pursuant to this chapter.
A permanent structure or facility for the conduct of events, which
has been built and maintained in accordance with the New York State Fire Prevention
and Building Code;
Any individual, corporation, organization or entity of any kind.
It shall be unlawful for any person to organize, promote, conduct or
cause to be conducted an event within the County of Sullivan, catering to
the general public, which said person believes or has reason to believe will
attract 20,000 or more persons unless a permit has first been obtained pursuant
to this chapter for the operation of said outdoor public entertainment, amusement
or assembly as provided by this chapter. Such permit shall be required for
each such outdoor event.
Written application for a permit for such outdoor event shall be made
to the Sullivan County Legislature at least 90 days or more prior to the first
day upon which said event is to be held. Determination granting or denying
permits as herein provided for shall be made within 60 days after application
therefor. No permits shall be granted unless the applicant complies with all
requirements of this chapter and unless such permit is granted at least 30
days before the event. A determination of the application by the Sullivan
County Legislature shall be in writing.
A.
Applications for such permit shall be by verified petition addressed to the Sullivan County Legislature and shall be filed in compliance with the provisions of § 92-4 of this chapter.
B.
Such application shall include the following material:
(1)
A statement of the name, age and residence address of
the applicant; if applicant is a corporation, the name of the corporation,
the names and addresses of directors, officers and stockholders owning 5%
or more of the number of shares outstanding of each class of stock; if the
applicant is a partnership or other organized group of individuals, the names,
addresses and ages of each and every individual associated with the partnership
or other entity.
(2)
A statement containing the name and address of the record
owner of the property upon which the event is to occur and the nature and
interest of the applicant therein; the names and addresses of all adjoining
property owners; the proposed dates and hours of such event; the expected
maximum number of persons intended to use the property at one time and collectively;
the expected number of automobiles and other vehicles intended to use the
property at one time and collectively; the purpose of the function, including
the nature of the activities to be carried on and admission fees to be charged,
if any.
(3)
An occupational survey map prepared by a professional
engineer licensed by the State of New York showing the size of the property,
the names of the record owners of the adjoining properties; the streets or
highways abutting said property; the size and location of any existing building,
buildings or structures or other facilities to be erected thereon for the
purpose of the assembly; the placement of the proposed distribution system
of water; the location of any parking areas for automobiles and other vehicles
and the means of ingress and egress to such parking area; all service and
other roads serving the camping area, food services, toilet facilities, garbage
and refuse collection facilities and entertainment and performance areas;
and the names and addresses of all concessionaires and other persons providing
any service or facilities under contract, lease or other arrangement for the
event.
(4)
A detailed plan and statement with drawings showing the
methods to be used for the disposal of sanitary sewage.
(5)
A detailed plan and statement with drawings showing the
distribution and supply system for supply, storage, treatment and distribution
of drinking water.
(6)
A detailed plan and statement with drawings showing the
layout of any parking area for automobiles and other vehicles and the methods
of traffic control to be used thereon. Such parking area shall provide parking
space of acceptable size for one motor vehicle for every four persons in attendance.
(7)
A detailed plan and statement with drawings showing the
facilities for the preparation, storage, sale and distribution of food and
the means of servicing such area. Such plan shall also detail the method and
means of disposing of any garbage, trash, rubbish or other refuse.
(8)
A detailed plan and statement fully describing any private
security personnel who will be engaged by the applicant to serve on or about
the site during the event and the qualifications and source of such personnel.
(9)
A detailed plan and statement providing for fire protection,
specifying the location of fire lanes, water supply and equipment or apparatus
to be available for such purposes.
(10)
A detailed plan and statement specifying the facilities
to be available for medical, surgical, nursing and ambulance service. Applicant
shall furnish to the Sullivan County Legislature the addresses of all doctors,
nurses, pharmacists and ambulance services applicant will provide for event,
prior to issuance of a permit.
(11)
A detailed description of all insurance policies and
surety bonds to be provided by the application for the protection of the general
public, the County of Sullivan and its various public bodies, and the town
and village within which such event is to be held.
(12)
A verified statement from the landowner and the applicant
to the town and village within which the event is held and the County of Sullivan
to permit the town, village and county and their lawful agents to go upon
the property for the purpose of inspecting the same to determine if there
is compliance with the requirement of this chapter and the permit, if granted;
providing adequate police and fire protection; and protecting persons and
property from danger.
(13)
A verified statement that the applicant will specify
in all advertising and promotional endeavors the limitation of the number
of tickets to be sold or otherwise issued as specified in the permit.
A.
A person wanting to conduct an event shall, no later
than 45 days before the first scheduled day of the event, provide the county
with a policy of insurance showing comprehensive liability coverage of not
less than $1,000,000 per occurrence and $3,000,000 in the aggregate and naming
the County and the town and village in which the event is to be held as additional
insureds. Each policy of insurance shall contain clauses to the effect that
such insurance shall be primary without right of contribution of any other
insurance made by or on behalf of the County with respect to its interest,
and that it shall not be canceled, including, without limitation, for nonpayment
of premium, or materially amended, without 30 days' prior written notice
to the County, directed to the County's Director of Risk Management and
Insurance. Such person shall provide the County with a copy of the policy.
B.
A person wanting to conduct an event shall, no later
than 45 days before the first scheduled day of the event, deposit with the
Sullivan County Treasurer cash or good surety company bond, approved by the
County of Sullivan, in a sum not less than $100,000 as the Legislature may
reasonably require, to insure that no damage will be done to any public or
private property and that the person conducting the event will not permit
any litter, debris or other refuse from the event to remain upon any public
or private property. The cash shall be refunded or surety company bond canceled
upon certification by the County Manager that all conditions of this chapter
have been complied with following the event. Such surety bond or cash shall
serve as an indemnity to save and protect the streets, pavements, bridges,
road signs and other property of the County of Sullivan and the town and village
within which such event is to be held, and any other town and village within
the county, from any and all damage that may be caused by vehicles, employees
or participants in such event and to be used, if necessary, to restore the
ground where such event is held to a sanitary condition and pay all charges
and losses to the County and its respective towns and villages for damages
to streets, pavements, bridges and other property, including reimbursement
for Sullivan County Sheriff personnel. No such bond may be cancelable unless
on 30 days' written notice to the county; and no such bond shall be cancelable
or canceled until a replacement or equivalent bond or better is in effect
prior to the cancellation. In no event shall any bond be canceled or cancelable
less then thirty days prior to the first day of the event. If the event or
its preparation, termination, clean-up or other consequences of the event
necessitate the employment of county, town or village personnel or equipment
or outside personnel or equipment by such county, town or village, such expense
shall be recoverable from the principal and/or its surety. The deposit or
its balance is to be returned when the County Manager has determined that
no such damage has been done and that the County did not incur such additional
expense due to the event or that the costs of the above have been paid by
the person conducting the event.
A.
If a permit is approved by the Sullivan County Legislature,
such permit shall set forth the maximum number of persons to be permitted
to attend the event. The Sullivan County Legislature, in determining such
maximum limit, shall take into consideration the capacity of the site and
of available public highways, and parking facilities, and other means of transportation
to and from the site. The applicant shall limit all ticket sales to such maximum
number and shall include such limitation in all advertising. Applicant shall
specify in all advertising and promotional endeavors the limitation on number
of tickets to be sold or otherwise issued. A permit must be approved by resolution
of the Sullivan County Legislature and signed by the County Manager and County
Attorney.
B.
A permit will be approved by the Sullivan County Legislature
if the application provides the materials mandated by this chapter and if,
no later than 30 days prior to the first scheduled day of the event, the applicant
files with the Sullivan County Legislature the following:
(1)
All required New York State Department of Health permits.
(2)
Proof that the applicant has complied with the New York
State Environmental Quality Review Act.
(3)
Proof that the applicant has complied with all other
applicable New York State, federal and local laws and regulations.
(4)
Proof that the applicant complies with the requirement
that the event will be held on a parcel or parcels of property adequately
sized to accommodate the individuals anticipated to attend the event.
(5)
A resolution of the governing board of the town or village
in which the event is to be held authorizing the event and declaring that
the board has found that the event will be consistent with the health, safety
and welfare of said political subdivision.
A.
The application form required by § 92-5 of this chapter shall be accompanied by a nonrefundable fee as stated hereinbelow. Such fee may be changed from time to time by resolution of the County Legislature.
B.
If the County is the lead agency for SEQRA purposes for
any event, the person filing the application form shall, upon receiving notification
from the county that the county is the lead agency, pay the county the sum
of $25,000 to compensate the county for expenses incurred in processing the
application and in acting as lead agency, and shall reimburse the County for
any such expenses incurred above that amount through use of the county's
own personnel, through consultants for legal, engineering, public safety,
technical or other matter relating to the SEQRA process, or other related
expenses.
C.
If the county is not the lead agency, then the applicant
shall be required to pay to the county the sum of $5,000 to compensate the
county for its expenses in processing the application, and shall reimburse
the county for any such expenses incurred above that amount through use of
the County's own personnel or through consultants for legal, engineering,
public safety, technical or other matters relating to the SEQRA process, or
other related expenses.
A person conducting an event shall, not less than 45 days prior to the
first scheduled day of the event, sign an agreement to defend and indemnify
the county and the town and village in which the event is to take place against
all claims that may arise as a result of the event.
The permit shall not be granted if any of the items set forth in said
application are determined by the Sullivan County Legislature to be insufficient
to properly safeguard the safety, health, welfare and well being of persons
or property, or do not comply with any of the requirements of this chapter,
or are knowingly false, misleading or fraudulent.
If, after a permit is issued, the Sullivan County Legislature determines
that any of the items required as a condition of the permit is not adhered
to or accomplished within the required time limits, or if any of the contracts,
leases or other arrangements for provision of services and facilities, or
any insurance or surety bond, shall become insufficient or terminated prior
to completion of the event, or if the application is found to be false, misleading
or fraudulent, in whole or in part, or if it is determined to be necessary
to preserve the health, safety and/or welfare of persons or property, then
this permit may immediately thereupon be suspended or revoked by resolution
of the Sullivan County Legislature.
A.
Any person, persons, corporation, organization, landowner
or lessee who shall organize, promote, conduct or cause to be conducted an
outdoor event within the County of Sullivan catering to the general public
for which said person, persons, corporation, organization, landowner or lessee
believes or has reason to believe will attract 20,000 or more persons or which
does in fact attract 20,000 or more persons, without having a current, written
permit, issued in accordance with the provisions of this chapter, shall be
deemed to have violated this chapter. Any person who commits or permits any
act in violation of any of the provisions of this chapter shall be deemed
to have violated this chapter and shall be liable for the penalties provided.
A separate offense against this chapter shall be deemed committed on each
day during or on which the violation occurs or continues. A separate penalty
may be imposed for each separate offense.
B.
Each violation of a provision of this chapter shall be
subject to a fine of up to $10,000 for each occurrence.
C.
The civil penalty and/or fine may be deducted from the
bond or cash deposit, at the county's discretion.
D.
In addition to the above-provided penalties, the Sullivan
County Legislature may also maintain an action or proceeding in a court of
competent jurisdiction to compel compliance with or to restrain by temporary
restraining order and/or by injunction the violation of this chapter.
E.
County officials shall have the right to inspect the
premises at any time to ensure proper issuance of the permit, and at all times
thereafter.
The county may issue a single permit for a series of events in one calendar
year by an applicant, upon compliance with this within local law, plus a showing
that all of the events scheduled or anticipated to be scheduled will comply
with the statute and will not deviate from the representations filed with
the Sullivan County Legislature in the application form.
A.
Information to be submitted.
(1)
An applicant for a permanent venue permit shall comply
with the application process hereinabove or, in lieu thereof, shall provide
the County Manager with copies of all submissions made to state and local
agencies during the approval and SEQRA process and shall submit proof to the
County Attorney that:
(a)
All required New York State permits, including, but not
limited to, New York State Department of Health permits, have been obtained
and are in effect;
(b)
All required town or village permits or approvals, including,
but not limited to, permits or approvals that may be required from a Planning
Board or Zoning Board of Appeals, have been obtained and are in effect. Such
permits or approvals must contain a finding that operation of the permanent
venue is consistent with the health, safety and welfare of the municipality;
(c)
The appropriate local agency has complied with the New
York State Environmental Quality Review Act;
(d)
Any other applicable New York State or federal laws or
regulations have been complied with;
(e)
The events are conducted on a parcel or parcels of property
adequately sized to accommodate the persons anticipated to attend such events;
and
(f)
Insurance has been obtained and is and will remain in
effect. The County will be named as an additional insured (and a declaration
page will be issued) for all events for 20,000 persons or more.
(2)
Submission of the approval and SEQRA materials and the required proof shall be deemed in compliance with §§ 92-5, 92-6 and 92-9 of this chapter and shall entitle the permanent venue operator to the issuance of a permit hereunder. The permit, once issued, will be permanent unless and until it is suspended or revoked.
B.
For each calendar year after the issuance of the permanent
venue permit, the applicant shall file an affidavit with the Sullivan County
Legislature, with copies to the County Manager and the County Attorney, that
details the events scheduled for that calendar year or anticipated to be scheduled,
as well as documentation demonstrating that all of the information supplied
to the county that lead to the issuance of the permanent venue permit are
substantially the same, detailing any changes, and documentation demonstrating
that all required approvals from any other municipality or agency have been
reissued or are still in force and effect and that all insurance and sureties
have been reissued or are still in force and effect. Upon submission of said
documents, the County Manager shall confirm in writing if the applicant is
in continuing compliance with this within statute, said writing to be countersigned
by the County Attorney. All required insurance and sureties, New York State
permits, town or village permits or approvals and any other applicable New
York State or federal laws, rules or regulations must be updated, obtained
and/or complied with.
C.
The conduct of events under a permanent venue permit
are subject to an annual review fee of $1,500, which must be paid no later
than 45 days prior to the first event of the calendar year. Said fee may be
changed from time to time by resolution of the Sullivan County Legislature.
