Chapter 10 - Amusements and Entertainments Chapter 10
AMUSEMENTS AND ENTERTAINMENTS*
Article I. In General
Secs. 10-1-10-25. Reserved.
Article II. Carnivals
Division 1. Generally
Sec. 10-26. Definitions.
Sec. 10-27. Penalties;enforcement.
Sec. 10-28. Conflicting provisions;applicability.
Sec. 10-29. Severability of provisions.
Sec. 10-30. Liberal construction.
Sec. 10-31. Violation grounds for revocation of occupational license and
forfeiture of bond.
Sec. 10-32. Waiver of requirements.
Sec. 10-33. Duty of operator, sponsor,owner;bond forfeiture for noncompli-
ance.
Secs. 10-34-10-45. Reserved.
Division 2. Permit
Sec. 10-46. Required.
Sec. 10-47. Application and fee.
�' Sec. 10-48. Review of application.
Sec. 10-49. Approval,disapproval of permit;criteria used.
Sec. 10-50. Release of surety bond.
Sec. 10-51. Administrative approval.
Secs. 10-52-10-70. Reserved.
Article III. Outdoor Festivals
Division 1. Generally
Sec. 10-71. Definitions.
Sec. 10-72. Violations;remedies of county.
Secs. 10-73-10-80. Reserved.
Division 2. License
Sec. 10-81. Required.
Sec. 10-82. Application-Generally.
Sec. 10-83. Same-Festival plans.
Sec. 10-84. Same-Processing;hearing;notices.
Sec. 10-85. Grant or denial of license.
Sec. 10-86. Issuance of license;fee;nontransferable.
Sec. 10-87. Conditions.
*Cross references-Businesses,ch.26;library,ch.82;parks and recreation,ch. 98.
State law reference-Authority to act in the common interest of the people of the county and exercise all powers and privileges
not specifically prohibited(all in a manner not inconsistent with law),F.S. § 125.01(1)(w).
Supp.No. 20 CD10:1
COLLIER COUNTY CODE ,�
Sec. 10-88. Grounds for denial;notice of denial.
Sec. 10-89. Complaints.
Sec. 10-90. Revocation.
Sec. 10-91. Notice of intent to revoke.
Supp.No.20 CD10:2
AMUSEMENTS AND ENTERTAINMENTS § 10-31
ARTICLE I. IN GENERAL Sec. 10-28. Conflicting provisions; applica-
bility.
Secs. 10-1-10-25. Reserved. In the event this article conflicts with any
other ordinance of the county or other applicable
ARTICLE II. CARNIVALS law, the more restrictive shall apply. This article
shall not apply in any municipality within the
county unless the municipality adopts a resolu-
DIVISION 1. GENERALLY tion or takes other official action requesting that
the county enforce this article within the limits of
Sec. 10-26. Definitions. its municipal jurisdiction.
(Ord. No. 75-11, § 2(2))
The following words, terms and phrases, when State law reference—Application of county ordinances to
used in this article, shall have the meanings incorporated areas,Fla. Const. art.VIII,§ 1(f).
ascribed to them in this section, except where the
context clearly indicates a different meaning: Sec. 10-29. Severability of provisions.
Carnival means any activity whether private
or commercial characterized by such activities as If any phrase or portion of this article is for any
menageries; a circus, sideshow performances,fer reason held invalid or unconstitutional by any
ris wheels and other ride activities, food and court of competent jurisdiction,such portion shall
drink dispensing facilities; booths for the conduct be deemed a separate, distinct and independent
of games of skill and chance; and freak and provision and such holding shall not affect the
similar novelty shows not prohibited by state law validity of the remaining portion.
to be open to the public for an admission or (Ord. No. 75-11, § 2(3))
participation fee.
Sec. 10-30. Liberal construction.
County manager means the county manager or
his designee. The provisions of this article shall be liberally
(Ord. No. 75-11, § 1(1); Ord. No. 80-114, § 1; Ord. construed to effectively carry out its purposes in
No. 2006-16, § 1(1)) the interest of the public health, safety, welfare
Cross reference—Definitions generally,§ 1-2. and convenience.
(Ord. No. 75-11, § 2(4))
Sec. 10-27. Penalties; enforcement.
A violation of any provision of this article is a Sec. 10-31. Violation grounds for revocation
misdemeanor and shall be prosecuted in the name of occupational license and for-
of the state in the county court by the prosecuting feiture of bond.
attorney, and upon conviction shall be punished
by a fine not to exceed $500.00 or by imprison- Any violation of or deviation from any condi
ment in the county jail not to exceed 60 days, or tion or provision, plan, description or identifica
by both such fine and imprisonment. Each viola- tion or any activity or person or a material mis-
tion and each day a violation continues shall representation in the application for a permit; or
constitute a separate offense.The board of county the failure of any person operating any activity
commissioners shall have the power to collater- associated with the carnival or exhibition to corn-
ally enforce the provisions of this article by ap-
propriate judicial writ or proceeding notwithstand- upon written notice from the county grounds for
ing any prosecution as a misdemeanor. immediate revocation of the occupational license
(Ord. No. 75-11, § 2(1)) and cessation of the activities and for the forfei-
State law reference—Penalty for ordinance violations, ture of the $2,500.00 penal bond required in this
F.S. § 125.69. article after hearing by the county court in addi-
Supp.No. 20 CD10:3
§ 10-31 COLLIER COUNTY CODE
tion to any other remedy or penalty provided by Secs. 10-34-10-45. Reserved.
law. Each violation shall constitute a separate
offense. DIVISION 2. PERMIT
(Ord. No. 75-11, § 1(9))
Sec. 10-46. Required.
Sec. 10-32. Waiver of requirements.
It shall be unlawful for any person, firm, cor-
Upon recommendation of the county adminis- poration or association to conduct; or allow to be
trator, the board of county commissioners may conducted on property he or it controls, has a
waive any requirements of this article for the right to or purports to control; a carnival or
issuance of a permit to a church,eleemosynary,or exhibition as defined herein without first obtain-
other nonprofit organization. However, nothing ing a permit therefore in accordance with this
contained herein shall be construed as permitting chapter.
the board of county commissioners to waive occu- (Ord. No. 75-11, § 1(2); Ord. No. 2006-16, § 1(2))
pational license requirements pursuant to chap-
ter 126, article IV of this Code. Sec. 10-47. Application and fee.
(Ord. No. 75-11, § 1(8); Ord. No. 82-111, §A)
A minimum of 30 days before occupying the
carnival or exhibition site an application for a
Sec. 10-33. Duty of operator,sponsor,owner; permit shall be submitted to the county manager
bond forfeiture for noncompli- or his designee in four copies accompanied by:
ance.
(1) A surety bond in the penal sum of
(a) The operators, sponsors and owners of the $2,500.00, issued by a company autho-
carnival or exhibition shall each be cumulatively rized to issue such bonds in Florida, con-
and
severally responsible for each person operat- ditioned upon the operator complying with
ing each activity,complying with each term of this each provision of this section and subject
ordinance, maintaining order at all times and for to forfeiture under the terms provided in
maintaining the premises free of trash, paper, subsection 10 hereinbelow.
garbage and debris.
(2) Evidence of current public liability insur-
(b) No ride shall be placed in operation for ance coverage, issued by a company au-
public use prior to inspection and approval by the
thorized to do business in Florida, in the
county manager or his designee that the public is minimum amount of$100,000.00 for any
protected from potential hazards such as broken one person and $300,000.00 for any one
or exposed belts, gears and switches. incident.
(c) No food service shall be placed in operation (3) A non-refundable fee in accordance with
the current adopted fee schedule for the
for public use prior to inspection and approval by following.
the county health department and the issuance of
a permit to operate. a. Permit processing;
b. Fire and safety inspections; and
(d) Representatives of the sheriffs department
and any other county official having official busi- c. Electrical and structural inspections.
ness pertaining to the enforcement of these regu- (4) A current occupational license issued by
lations, shall upon identification of his person, be the Collier County Tax Collector; and
admitted to the premises and any activity without
charge to conduct inspections and assist the op- (5) Including the following information:
erator meet his responsibilities under this ordi- a. The name and headquarters ad-
nance. dress(es) of the carnival or exhibi-
(Ord. No. 75-11, § 1(6); Ord. No. 82-111, §A; Ord. tion company(ies) with a direct or
No. 2006-16, § 1(7)) indirect financial interest; name(s)
Supp.No.20 CD10:4
AMUSEMENTS AND ENTERTAINMENTS § 10-49
and address(es) of any sponsoring Sec. 10-48. Review of application.
organization(s), and the name and
local address of the applicant repre- Except as set forth below, the county manager
senting the carnival or exhibition or his designee shall review the application and
company(ies); forward one copy to the sheriff and one copy to the
health department for review, comment and re-
b. A description of every activity to be turn within seven calendar days to the depart-
conducted such as but not limited to, ment of zoning and land development review to
menageries;circus and side-show per- place the application on the agenda of the next
formances; amusement, merry-go- regular meeting of the board of county commis-
round and other ride activities; food sioners for approval or disapproval.
and drink dispensing facilities;booths (Ord. No. 75-11, § 1(4); Ord. No. 2006-16, § 1(4))
for conduct of games of skill or chance
not prohibited by state law to be Sec. 10-49. Approval,disapproval of permit;
open to the public for an admission criteria used.
or participation fee and number of
persons to operate the activities; Approval or disapproval of the permit shall be
based upon the following criteria:
c. Name and identification of each per-
son accountable for the operation of (1) Health department tentative approval of
each activity; the sanitary facilities and food service
equipment specified in the application
d. A description and sketch of the site based upon regulations of the county health
showing the location of each activity department, including an application as
proposed, the location and number required in ordinance 74-45.
of sanitary facilities; parking facili-
`-- ties, and provision for lighting and (2) Sheriffs office review and approval of the
public water; petition including but not limited to the
provisions made for traffic and crowd con-
e. Application for food establishment trol. A minimum of one person qualified
operating permit from the county as a police officer, sheriff or a licensed
health department as required by private investigator of the State of Florida
Ordinance No. 74-45; shall be provided for each 500 patrons in
attendance.Such provision shall be at the
f. The plan for refuse,garbage, debris, expense and cost of the petitioner.
and sewage disposal during and af-
ter operation of the circus or exhibi- (3) The availability of a minimum of one
tion; parking space for each five patrons. Such
parking space shall be provided on the
g. Provisions for traffic control, fire same property on which the carnival ac-
safety and security precautions; tivities are to be conducted or on contigu-
h. The date and time each activity is to ous lands approved by the owner for such
be conducted and concluded; use.
i. Written approval from the owner of (4) The validity of the surety bond in the
the property authorizing the use of amount of$2,500.00 conditioned upon com-
his premises for such carnival activ- pliance with this ordinance.
ity. (5) A permit may be denied for failure to
(Ord.No.75-11,§ 1(3);Ord.No.83-6,§ 1;Ord.No. comply with any criterion hereinabove.
2006-16, § 1(3))
State law reference—Required insurance for certain (6) Issue of the permit shall authorize the
amusements,F.S. §546.003. persons listed in the application to engage
Supp.No.20 CD10:5
§ 10-49 COLLIER COUNTY CODE
in the activity indicated therein excluding ARTICLE III. OUTDOOR FESTIVALS
any violation of federal, state or local law.
(7) Duration of permit. The duration of the DIVISION 1. GENERALLY
permit shall not exceed five calendar days.
(Ord. No. 75-11, § 1(5); Ord. No. 2006-16, § 1(6)) Sec. 10-71. Definitions.
The following words, terms and phrases,when
Sec. 10-50. Release of surety bond. used in this article, shall have the meanings
The county manager or his designee is autho- ascribed to them in this section, except where the
rized to release the surety bond only after verifi-
cation clearly indicates a different meaning:
cation that the operator has complied with each Outdoor festival means any music festival,dance
term of this ordinance including the removal of festival, rock festival or similar musical activity
trash and debris from the premises and the res- at which music is provided by paid or amateur
toration of all sanitary facilities to a condition performers or by prerecorded means, which is
existing at the time the permit was issued. held at any place other than in a permanent
(Ord. No. 75-11, § 1(7); Ord. No. 2006-16, § 1(8)) building or permanent installation which has
been constructed for the purpose of conducting
Sec. 10-51. Administrative approval. such activities or similar activities, and to which
members of the public are invited or admitted for
(a) Previously-approved events:Instead of plac- a charge or free of cost.
ing the application on the agenda, the county (Ord. No. 70-11, § 1)
manager or his designee may, in their discretion, Cross reference—Definitions generally, § 1-2.
administratively approve (but not disapprove)
any application for a carnival permit where the Sec. 10-72. Violations; remedies of county.
event being applied for("proposed event") is sub- (a) It shall be unlawful for any licensee, em-
stantially identical to an event for which the ployee, agent or person associated with said lic-
board of county commissioners ("board") previ-
ously approved a permit application ("BCC-
approved to do any of the following:
approved event"). (1) Conduct or operate a festival without first
procuring a license to do so.
(b) Basis of staff determination: In making the
determination whether an application for a pro- (2) Sell tickets to a festival without a license
posed event is substantially identical to a BCC- first having been obtained.
approved event,the county manager or his desig- (3) Operate, conduct or carry on any festival
nee shall consider the characteristics of the in such a manner as to create a public or
proposed event as compared to the prior BCC- private nuisance.
approved event, including but not limited to the
event description; event title; identity of event (4) Exhibit,show or conduct within said place
sponsor(s) and/or permit applicant(s); event date, of festival any obscene, indecent, vulgar
or lewd exhibition, show, play entertain-
time and location; recency of the prior BCC-
ment or exhibit no matter by what name
approved event;the compatibility of the proposed
event with surrounding land uses; and the poten- designated.
tial for unanticipated impacts of the proposed (5) Allow any person on the premises of the
event on surrounding areas. Any uncertainty as licensed festival to cause or create a dis-
to whether or not permit approval can be admin- turbance in, around, or near any place of
istratively approved shall be resolved in favor of festival by offensive or disorderly conduct.
board review. (6) Knowingly allow any person to consume,
(Ord. No. 2006-16, § 1(5)) sell, or be in possession of intoxicating
liquor while in a place of a festival except
Secs. 10-52-10-70. Reserved. where such consumption or possession is
Supp.No.20 CD 10:6
AMUSEMENTS AND ENTERTAINMENTS § 10-82
expressly authorized under the terms of
this article and under the laws of the
state.
(7) Knowingly allow any person at the li-
censed festival to use, sell, or be in pos-
session of any narcotic or dangerous drug
while in, around, or near a place of the
festival.
(b) Any of the above violations shall constitute
a criminal act and shall be punishable pursuant
to law. It is provided, however, that the county
retains any and all civil remedies, including the
right of civil injunction for the prevention of said
violations and for the recovery of money damages
therefor.
(Ord. No. 70-11, § 13)
State law reference—Penalty for ordinance violations,
F.S. § 125.69.
Secs. 10-73-10-80. Reserved.
DIVISION 2. LICENSE
Sec. 10-81. Required.
No person shall operate, maintain, conduct,
advertise, or sell or furnish tickets for an outdoor
festival in the county unless he shall first obtain a
license from the county to operate or conduct such
festival.
(Ord. No. 70-11, § 2)
Sec. 10-82. Application—Generally.
Application for a license to conduct an outdoor
festival shall be made in writing to the clerk of the
board of county commissioners at least 60 days
prior to the time indicated for the commencement
of the planned activity and shall be accompanied
by a nonrefundable application fee of$100.00 and
shall contain the following information:
(1) The name, age, residence and mailing
address of the person making said appli-
cation. If the application is made by a
partnership, the names and addresses of
the partners must appear. Where the ap-
plicant is a corporation, the application
must be
Supp.No.20 CD10:6.1
AMUSEMENTS AND ENTERTAINMENTS § 10-86
signed by the president,vice-president,and and removal of rubbish after the event has con-
secretary thereof and must contain the ad- cluded. A plot plan showing arrangement of the
dresses of said corporate officer; and a cer- facilities including those for parking, egress and
tilled copy of the articles of incorporation ingress shall be submitted with said application.
shall be submitted with the application. (Ord. No. 70-11, § 4)
(2) A statement of the kind, character, or type
of festival which the applicant proposes to Sec. 10-84. Same—Processing; hearing; no-
tices.
conduct, operate or carry on.
(3) The address or legal description of the place Upon receipt of a complete application for a li
where the proposed festival is to be con- cense under this article and the application fee,
ducted, operated or carried on. Addition the clerk of the board of county commissioners
ally, the applicant must submit proof of shall set the application for public hearing at a
ownership of the place where the festival is regular meeting of the board of county commis
to be conducted or a statement signed by sinners, not less than 15 days nor more than 30
the owner of the premises indicating his days thereafter, and shall give not less than ten
consent that the site be used for the pro- days' written notice thereof to the applicant. He
posed festival. shall promptly give notice of hearing and copies of
the application to the sheriff, the county health
(4) The date or dates and the hours during officer, and the county manager, who shall inves-
which the festival is to be conducted. tigate the application and report in writing to the
board of county commissioners not later than the
(5) An estimate of the number of customers,
hearing, with appropriate recommendations re-
spectators, participants and other persons lated to their official functions as to granting a
expected to attend the festival for each day license and conditions thereof.
it is conducted. (Ord. No. 70-11, § 5)
(6) The applicant shall provide names and ad-
dresses of anyone contributing, investing Sec. 10-85. Grant or denial of license.
or having a financial interest greater than
$500.00 in producing the festival. Based upon the testimony of the witnesses and
evidence presented at said hearing, including the
(7) At the time of making application the ap- report of said department heads, the board of
plicant shall arrange to be fingerprinted by county commissioners shall grant the license re-
the office of the county sheriff. quired by this division, deny the license, or set
(Ord. No. 70-11, § 3) conditions which must be met, or security given
that they will be met, before a license may be
Sec. 10-83. Same—Festival plans. granted. If conditions are imposed by the board
the applicant shall furnish or cause to be fur-
A detailed explanation of the applicant's plans nished to said clerk proof that all conditions have
to provide security and fire protection, water been met before the license may be issued by said
supply and facilities, food supply and facilities, clerk.
sanitation facilities, medical facilities and ser- (Ord. No. 70-11, § 6)
vices, vehicle parking space, vehicle access and
on-site traffic control, and, if it is proposed or ex- Sec. 10-86. Issuance of license;fee;nontrans-
pected that spectators or participants will remain ferable.
at night or overnight, the arrangements for illu-
minating the premises and for camping or similar When the county clerk certifies that conditions
facilities shall accompany the application.The ap- have been met for the issuance of a license under
plicant's plans shall include what provisions shall this division, the board of county commissioners
be made for numbers of spectators in excess of the shall, upon payment of$100.00 per day of opera-
estimate, provisions for cleanup of the premises tion, issue a license specifying the name and ad-
CD10:7
§ 10-86 COLLIER COUNTY CODE
dress of the licensee, the kind of festival licensed to and following the event, before a license
and the number of days'operation authorized.The is issued.
licensee shall keep said license posted in a con-
spicuous place upon the premises at which the (2) Water facilities. Every licensee shall pro-
festival is conducted. No license issued pursuant vide,from a water purveyor operating under
to this division shall be transferable or removed a permit as required by regulations of the
to another location. state division of health, an ample supply of
(Ord. No. 70-11, § 7) potable water for drinking and sanitation
purposes on the premises of the festival.
Sec. 10-87. Conditions. Location of water facilities on the premises
must be approved by the county health of-
At the hearing required under section 10-84, ficer prior to issuance of a license.
the board of county commissioners may establish The minimum supply of water to outdoor
conditions which must be met prior to the issu- festivals shall be 15 gallons of water for
ance of any license under this division,except that each person in attendance per day. All
the board may take a matter under consideration water shall meet United States Public
before determining which conditions shall be im- Health Service standards. Public and pri-
posed.Where the board takes a matter under con- vate flush-type water closets,lavatories and
sideration, written notice of any conditions im- drinking facilities shall be required as de-
posed as prerequisite to the issuance of a license termined by the county health officer.
must be mailed to the applicant within 15 days of Sewage and drainage systems relating to
the original hearing. The conditions which may such facilities shall meet the requirements
be imposed by the board of county commissioners of the state division of health and be sub-
pursuant �.
to the county's general police power for ject to the prior approval of the county
the protection of health, safety, and property of health officer and county building official.
local residents and persons attending festivals in
the county, are as follows: (3) Food concessions. Where the proposed fes-
(1) Police protection. Every licensee shall em-
ploy at his own expense, police protection. from public eating places, food handling
The number and type of officers shall be places or like establishments, applicant
determined and specified by the county shall be required to demonstrate that food
sheriff to provide for the protection of prop- will be available at the premises for each
erty in and around the place of the festival. day of operation to adequately feed the
Funds to employ this specified number of number of persons expected to be in atten-
law enforcement officers at the current dance.Concessionaires must be licensed and
hourly salary rate for sheriff's deputies shall operated under a valid health department
be deposited with the county at least ten permit pursuant to local ordinances and
days prior to the specified date the activity state laws. Every licensee shall provide at
is to occur. A minimum of one law enforce- least one flush-type water closet and lava
ment officer for every 500 persons expected tory for each sex in a closed facility for em
to be in attendance shall be required. ployees of each food concession or operation
within the enclosure area of such food op-
Where the sheriff specified the employ- eration unless otherwise approved by the
ment of off-duty peace officers to meet the county health officer. Under no circum-
requirements of this division, said peace of- stances shall the county health officer allow
ficers shall be under the complete direction such flush-type water closets and lavato-
and control of the sheriff. The sheriff must ries to be located more than 50 feet from
be satisfied that the requisite number of the food concession or operation. All lava-
peace
officers will be provided at all times tories required in conjunction with food con-
of operations, plus any specified time prior cessions and food operations shall be pro-
CD 10:8
AMUSEMENTS AND ENTERTAINMENTS § 10-87
vided with hot and cold water under tainer shall at all times have a plastic
pressure which shall be dispensed by an bag liner inserted and when full it shall
approved type mixing faucet. be tied,removed and a new plastic bag
All sewage, sink waste and waste water liner inserted.The pickup and removal
from water closets, lavatories, sinks oper of refuse, trash, garbage and rubbish
ated in connection with food concessions or shall be at least once a day and more
food operation shall be disposed of to a often if required by the county health
public sewer or a sewage disposal system officer. A signed contract with a fran-
approved by the county health officer and chised refuse collector shall be sub-
county building official. mitted to the county health officer and
a copy of same filed with the county
(4) Sanitation facilities required. Every licensee health officer.Removal of all trash and
shall provide at least one enclosed flush- refuse shall be at the licensee's expense.
type water closet facility marked "Men"
and one such facility marked "Women" on (5) Medical facilities. Where a proposed fes-
the premises of a festival on the basis of tival is expected to attract a large number
one flush-type water closet for each 40 males of persons for a site located a substantial
and one for each 40 females expected to be distance from adequate existing treatment
in attendance. Urinals may be substituted facilities the applicant shall be required to
for the required flush type water closets for provide emergency medical treatment facil-
men on the ratio of one urinal and one flush ities on the premises of the festival. Where
type water closet per 60 males. the proposed festival is located close to ad-
a. Lavatories provided with cold water equate existing facilities the applicant shall
under pressure, soap,and paper towels provide as required by the county health
shall be provided on the basis of one officer emergency treatment facilities on the
lavatory for each 75 persons expected premises of the festival.
to be in attendance.
b. Where flush-type water closets cannot a. The location of such facilities, number
be made available for the persons in of doctors,psychiatrists,psychologists,
attendance, the board of county corn nurses and other aides needed to staff
missioners may allow the use of por said facilities and the quantity of med-
table chemical toilets. Such chemical ical supplies, drugs, ambulances, and
toilets must meet the approval of the other equipment that must be on the
county health officer before any license site shall be approved by the county
may be issued. Chemical toilets shall health officer prior to the issuance of
be emptied and recharged at the licens- any license under this chapter. The
ee's expense as necessary pursuant to county health officer shall calculate the
procedures established by the county need for medical services,based on the
health officer. number of persons expected to attend a
c. The requirement for water flush-type festival, their expected age group, the
water closets for food concessions, food duration of events planned and the pos-
operations and for the use of employees sibility of exposure to inclement
may not be waived. weather and outdoor elements.
d. Every licensee shall be required to fur- b. Traffic lanes and other adequate space
nish at least one trash can with 36 shall be designated and kept open for
gallon capacity with a tight-fitting lid access and travel for ambulance, heli-
for each 25 persons expected to be in copter, and other emergency vehicles
attendance, an adequate supply of to transport patients, or staff to appro-
plastic bag liners to fit the trash recep- priate on and off-site treatment facili-
tacles shall be provided and each con- ties.
CD10:9
§ 10-87 COLLIER COUNTY CODE
(6) Parking areas. Every licensee shall provide A licensee may be required to illuminate
adequate parking space for persons at- specific areas on the premises in accordance
tending the festival by motor vehicle. Per- with the following scale of lighting inten-
sons desiring to operate or conduct a fes- sity:
tival may be called upon to provide a Wattsl
separate parking space for every two per Illumination Sq. Ft.
sons expected to attend the festival by motor
vehicle. Such individual parking spaces Open area reserved for spec-
shall be clearly marked and shall not be tators 0.50
less than 12 feet wide and 20 feet long.The Stage areas 5.00
county building official must approve an
applicant's parking plan before license shall Parking and overnight areas 0.25
be issued. Restroom and concession
areas 1.00
(7) Access and parking control. Every licensee (10) Overnight camping facilities. Every licensee
shall provide adequate ingress and egress authorized to allow persons who attend the
to festival premises and parking areas festival to remain on the premises over-
therefor. Necessary roads, driveways and night shall provide camping facilities and
entranceways shall exist to insure orderly overnight areas that meet the requirements
flow of traffic into the premises from a of the county zoning regulations for mobile
highway or road which is a part of the home parks,special occupancy trailer parks
county or state system of highways or which and campgrounds including travel trailer
is a highway maintained by the state. A parks, recreational trailer parks, tempo-
special accessway for fire equipment, am- rary trailer parks,incidental camping areas
bulances and other emergency vehicles may and tent camps. Such areas and facilities
of-
be required.The director of the road depart- shall be approved by the county health
ment must approve the licensee's plan for ricer and county building official prior to
the issuance of any license.
ingress and egress before a license shall be
issued.Additionally, any applicant may be (11) Bonds. Any licensee may be called upon to
post an indemnity bond and a performance
required to show that traffic guards are
under his employ to insure orderly traffic bond in favor of the county in connection
with the operation of a festival. Bonds re-
movement and relieve traffic congestion in quired by this article must be approved by
the vicinity of the festival area. the board of county commissioners prior to
the issuance of a license.An applicant may
(8) Hours of operation. All festivals which are be required to submit a surety bond written
subject to license under this article shall by a corporate bonding company authorized
close and cease operation continuously be- to do business in the state, in a penal
tween the hours of 2:00 a.m. and 6:00 a.m. amount determined by the board of county
of each and every day. commissioners. Said bond shall indemnify
the county,its agents,officers,servants and
(9) Illumination. Every licensee planning to employees and the board of county commis-
conduct a festival after dark,or planning to sioners against any and all loss, injury and
allow persons who attend the festival to re- damage of any nature whatsoever arising
main on the premises after dark, shall pro- out of, or in any way connected with said
vide electrical illumination to insure that festival, and shall indemnify against loss,
those areas which are occupied are lighted injury,and damage to both person and prop-
at all times. The director of building and erty.Additionally,the county may demand
safety must approve an applicant's lighting that applicant provide a corporate surety
plan as a prerequisite to issuance of a li bond written by a corporate bonding com- ^�
pany authorized to do business in the state,
tense hereunder.
indemnifying the county and the owners of
property adjoining the festival site for any
CD 10:10
AMUSEMENTS AND ENTERTAINMENTS § 10-89
costs necessitated for cleaning up and re- (2) That the proposed festival will be conducted
moving debris, trash or other waste from, in a manner or location not meeting the
in,and around the premises.Said bond shall health, zoning, fire or building and safety
be in an amount determined by the board standards established by this article or the
of county commissioners. laws of the state.
(12) Fire protection. Every licensee shall pro- (3) That the applicant has knowingly made a
vide, at his own expense adequate fire pro- false, misleading or fraudulent statement
tection as determined by the fire protection of material fact in the application for li-
agency or agencies having jurisdiction cense or in any other document required
where the event is to be conducted. If the pursuant to this article.
event is located in a hazardous fire area as (4) That the applicant, his employee, agent, or
defined by the county sheriff, a suitable any person connected or associated with the
number of fire guards shall be employed by applicant as partner,director,officer,stock-
the licensee who shall be approved by the holder, associate, or manager has previ-
sheriff. Flammable vegetation and other ously conducted the type of festival being
fire hazards shall be removed in a manner applied for which resulted in the creation
and in such quantity as determined by the of a public or private nuisance.
sheriff. First aid and fire extinguishment
equipment shall be provided as directed by (5) That the applicant,his employee, agent, or
the sheriff. any person associated with applicant as
(13) Financial statements. Each licensee shall partner, director, officer, stockholder, asso-
ciate, or manager has been convicted in a
be required to provide a financial state- court of competent jurisdiction, by final
ment to give assurance of the ability of the
promoters and applicants to meet the con-
ditions judgment of:
of the permit. a. An offense involving the presentation,
exhibition, or performance of an ob-
(14) Communication. Licensee shall be required scene production, motion picture or
to establish a communication system for play; or of selling obscene matter;
public use where ordinary communications b. An offense involving lewd conduct;
are not available. c. An offense involving the use of force
(15) Miscellaneous. Any applicant may be re- and violence upon the person of an
quired to meet any other condition prior to other;
receiving a license to conduct a festival d. An offense involving misconduct with
which is reasonably calculated as neces children; or
sary to protect the health,welfare,and prop-
erty of local residents and persons attending (b) Where the application is denied,the clerk of
a festival. the board of county commissioners shall mail to
(Ord. No. 70-11, § 8) the applicant written notice of denial within 14
days of said action, which notice shall include a
Sec. 10-88. Grounds for denial; notice of de- statement of the reasons the application was de-
nial. nied.
(Ord. No. 70-11, § 9)
(a) After holding the required public hearing,
the board of county commissioners may deny is- Sec. 10-89. Complaints.
suance of a license under this division if it finds
any of the following: Any person may file a complaint with the clerk
of the board of county commissioners or may pe-
(1) That the applicant fails to meet the condi- tition the board to conduct a hearing concerning
tions imposed pursuant to this article. the revocation of any license.The clerk of the board
CD10:11
§ 10-89 COLLIER COUNTY CODE
shall notice the petition for hearing in accordance
with the provisions of section 10-49.
(Ord. No. 70-11, § 10)
Sec. 10-90. Revocation.
The board of county commissioners shall have
the power to revoke any license, or to revoke and
reinstate any license upon suitable conditions,
when the following causes exist:
(1) The licensee fails,neglects or refuses to pay
to the board of county commissioners the
fee prescribed by this article.
(2) The licensee, his employee or agent, fails,
neglects or refuses to fulfill any or all of the
conditions imposed pursuant to this article.
(3) The licensee allows the festival to be con-
ducted in a manner which violates any law
or regulation established by the ordinances
of the county or the laws of the state.
(4) The licensee allows the festival to be con-
ducted in a disorderly manner or know-
ingly
allows any person to remain on the
premises of the festival while under the in-
fluence of intoxicating liquor, or any nar-
cotic or dangerous drug.
(5) The licensee,his employee or agent, is con-
victed of any of the offenses enumerated
under section 10-88.
(Ord. No. 70-11, § 11)
Sec. 10-91. Notice of intent to revoke.
Notice of intent to revoke any license issued
under this division shall be given and the licensee
shall be entitled to a hearing. The clerk of the
board of county commissioners shall give notice,
setting forth the causes for revocation and shall
state the time and place at which the matter of
revocation will be heard before the board. Said
notice shall be mailed not later than ten days prior
to the date set for hearing. The board of county
commissioners shall hear all interested parties and
may revoke a license only for one or more causes
enumerated by section 10-88.
(Ord. No. 70-11, § 12)
CD10:12
Chapters 11-13
RESERVED
CD11:1