[HISTORY: Adopted by the Board of Supervisors of the County of Frederick 9-12-1984 as Ch. 4, Art. II, of the 1984 Frederick County Code; amended in its entirety 7-28-2010. Subsequent amendments noted where applicable.]
Disorderly conduct — See Ch. 72.
This chapter is enacted pursuant to § 15.2-1200 of the Code of Virginia, in the interests of the public health, safety and welfare of the citizens and inhabitants of the County, for the purpose of providing necessary regulation for the conducting of musical or entertainment festivals conducted outdoors not within an enclosed structure and of any gathering of groups or individuals for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted outdoors not within an enclosed structure.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- The Board of Supervisors of the County.
- MUSICAL OR ENTERTAINMENT FESTIVAL or FESTIVAL
- Any gathering of more than 100 individuals or of a commercial nature, if either is for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted outdoors, not within an enclosed structure. Such activities shall be deemed commercial when a business license is obtained or is required to be obtained, or, if a business license is not required, when a charge is imposed for admission to or in connection with the activity.
No person, group, firm, corporation, partnership, or entity shall stage, promote or conduct any musical or entertainment festival in the unincorporated areas of the County unless there shall have been first obtained from the Board an outdoor festival permit for such festival.
An application for such outdoor festival permit shall be in writing, on the form provided for said purpose, and filed in duplicate with the Clerk of the Board at least 30 days before the date of such festival. Such application shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by this chapter.
The Board shall act on such application at the next scheduled regular meeting of the Board, provided that the application has been on file with the Clerk to the Board and duly advertised for public hearing pursuant to §§ 15.2-1426 and 15.2-1427 of the Code of Virginia, 1950, as amended. If granted, the permit shall be issued in writing, in letter or other form for said purpose, and mailed by the Clerk to the applicant at the address indicated in the application. If denied, the refusal shall be in writing, and the reasons for such denial stated therein, and mailed by the Clerk to the applicant at the address indicated.
Eligibility. The Board may issue a twelve-month permit under this section for multiple commercial festivals at a site which is the subject of an approved site plan and has, at least once previously, been granted a permit pursuant to the provisions of this chapter and satisfactorily complied with the requirements of this chapter with respect to the festival that was the subject of that permit.
Application. An application for a twelve-month permit shall be considered according to the provisions of § 86-3, except that the application need not contain the information described in § 86-5, provided the following information is submitted to the County Administrator's Office at least seven days prior to each festival or event, or as soon thereafter as such information becomes available: date and time of the festival and anticipated number of attendees. If such information is not submitted, the twelve-month permit shall be null and void as to that particular festival or event.
Duration. Twelve-month permits shall be issued for the period January 1 to December 31 of the same calendar year, except that, when the application is filed after January 1, the permit shall be effective from the date issued until December 31 of that same year.
Limitations. In granting a twelve-month permit under this subsection, the Board may limit the number of festivals that the applicant may conduct during the period covered by the twelve-month permit and the Board may also impose such other restrictions, including but not limited to restrictions on number of attendees at each festival, days and dates of festivals, and times of festivals, and deposit requirements, as the Board deems appropriate.
Each application for an outdoor festival permit shall be subject to a fee in an amount set by the Board, payable at the time of filing with the Clerk of the Board, to cover the cost of advertising and administrative expenses in connection with the Board's review of the application.
This section does not apply to an entertainment or music festival in a facility managed by the Frederick County Parks and Recreation Department, provided that the festival complies with all requirements of the Frederick County Parks and Recreation Department.
As a condition to issuance of a permit, the Board may require the applicant to make a deposit with the County Treasurer to pay for the cost of additional County services necessary to meet the requirements of the plans submitted with the application and necessary to protect the health, safety, and welfare of the citizens of this County. Such additional County services means any additional County personnel in excess of those regularly available to the music or entertainment festival and may include, but shall not be limited to, additional law enforcement officers for crowd control, traffic control and parking; additional firefighters for fire protection during the festival; and any additional medical or sanitation officers necessary to protect the health, safety and welfare of the persons attending the festival. The actual cost of such additional services shall be paid to the County out of the deposit, and the difference, if any, shall be refunded to the applicant within 30 days after the festival. Nothing herein limits such rights as the County may otherwise have under applicable law to seek recovery of damages from the applicant or such other persons responsible for costs and/or damages incurred by the County as a result of the festival or otherwise, in amounts in excess of the deposit, and nothing herein obligates the County to provide any of the additional County services set forth herein.
Such outdoor festival permit shall not be issued unless the following documents, information, plans, statements, and approvals are submitted to the Board with the application and the applicant agrees to comply with conditions reflecting the same:
The location of the festival, as well as the name and address of the owner(s) of the property on which such festival is to be held. The applicant may be required to obtain and submit a statement or other documentation indicating consent by the owner(s) for use of the property and related parking for the festival.
The name and address of the promoter(s) of the festival and the financial backer(s) of the festival.
The names of all persons or groups who will perform at such festival. It may be necessary to supplement or update this information as performers are booked.
A copy of the ticket or badge of admission to the festival, containing the date or dates and time or times of such festival.
The name, date(s), and time(s) of the festival, the maximum number of tickets to be offered for sale for each day of the festival, and the best reasonable estimate by the applicant of the number of persons expected to be in attendance for each day of the festival.
A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the Virginia Department of Health (Lord Fairfax Health District).
A plan for providing food, water and lodging for the persons at the festival. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the Virginia Department of Health (Lord Fairfax Health District).
A plan for adequate emergency medical service for persons at the festival, designating by name the rescue squad or commercial ambulance service to be made available. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the Fire Chief of the County and the local fire and rescue company.
A plan for adequate fire protection. This plan must meet the requirements of all state and local statutes, ordinances and regulations, and must be approved by the County Fire Marshal and the local fire and rescue company.
A plan for or a diagram indicating adequate parking facilities and traffic control in and around the festival area.
A statement specifying whether any outdoor lights or lighting will be utilized and, if outdoor lights or lighting will be utilized, a plan or diagram showing the location of:
A statement that no music shall be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at any property line of the property on which the festival is located.
A statement specifying whether alcoholic beverages will be served, and, if alcoholic beverages will be served, provide evidence of any applicable Virginia Alcoholic Beverage Control Board permit, which permit shall also be displayed at the festival.
Music shall not be rendered nor entertainment provided for more than eight hours in any twenty-four-hour period, such twenty-four-hour period to be measured from the beginning of the first performance at the festival.
Music shall not be played, either by mechanical device or live performance, in such a manner that the sound emanating therefrom exceeds 73 decibels at any property line of the property on which the festival is located.
No person under the age of 18 years shall be admitted to any festival unless accompanied by a parent or guardian, the parent or guardian to remain with such person at all times. It may be necessary to post signs to this effect.
As part of the application, the applicant shall give permission to the Board, its lawful agents, and/or duly constituted law enforcement officers to go upon the property where the festival is being held at any time for the purpose of determining compliance with the provisions of the County ordinance.
The Chief Building Official, and/or his agents, shall inspect for approval all temporary structures, seating and stage facilities erected on a festival site and all electrical and lighting installations, power sources, and electrical wiring at such site.
The Board shall have the right to revoke any permit issued under this chapter upon noncompliance with any of its provisions and conditions.
In addition to any penalties imposed on the violation of any provision of this chapter, the Board may bring suit in the Circuit Court of the County to restrain, enjoin or otherwise prevent violation of this chapter.
Any person, group, firm or corporation who violates any of the provisions of this chapter shall, upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or both such fine and imprisonment.