Ordinance 70-1170"11
AN ORDINANCE RELATING TO OUTDOOR }'~STIVALS
OR ROCK FESTIVALS, DEFINING SAID TERMS,
PROVIDING FOR LICENSES TO CONDUCT ROCK FES-
TIVALS OR OUTDO01~ FESTIVALS, P~DVIDXNG PRO-
CEDURES FOR LICENSE APPLICATIONS AND CONDI'
TIONS THEREFOR, PROVIDING FOR POLICE PRO-
TECTION OF OUTDOOR FESTIVALS, PROVIDING FOR
WATER, SANITARY AND FOOD FACILITIES, .. PROVID'
lNG FOR MEDICAL FACILITIES, PROVIDING FOR
PARKING FACILITIES AND CONTROL, PROVIDING
FOR NOURS OF OPERATION, OVERNIGHT C~4TING
FACILITIES, BONDS AND FIRE PROTECTION, FIN-
ANCIAL STATEMENTS, COMMUNICATION SYSTEMS,
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA:
SECTION 1. Definition of outdoor festival.
"Outdoor Festival" means any music,festival, dance festival,
"rock" festival or similar musica[ activity at which music is
provided by paid or amateur performers or by pre-recorded means,
which is held at any place other than in a permanent building or
permanent installationwhich has been constructed for the purpose
of conducting such activities or similar activities, and to which
members of the public are invited or admitted for a charge o~
free of cost.
SECTION 2. License requirement.
No person shall o~erate, maintain, conduct, advertise, or
sell or furnish tickets for an outdoor festival in the County of'
Collier unless he shall first obtain a license from the County of
Collier to operate or conduct such festival.
SECTION 3. License application.
Application for a license to conduct an outdoor festival
shall be made in writing to the Clerk of the Board of County Com-
missioners at least sixty (60) days prior to the time indicated
for the commencement of the planned activity and shall be accom-
panied by a non-refundable application fee of $100.00 and shall
contain the following information:
a. The name, age, residence and mailing address of the per-
son making said application. If the application is made by a
partnership, the names and addresses of the partners must appear.
Where the applicant is a corporation, the application must be
signed by the president, vice president, and secretary thereof
and must contain the addresses of said corporate officer; and a
certified copy of the Articles of Incorporation shall be submit-
ted with the application.
b. A statement of the kind, character, or type of festival
which the applicant proposes to conduct, operate or carry on.
c. The address or legal description of the place where the
proposed festival is to be conducted, operated or carried on.
Additionally, the applicant must submit proof of ownership of
the place where the festival is to be conducted or a statement
signed by the owner of the premises indicating his consent that
the site be used for the proposed festival.
d. The date or dates and the hours during which the festi-
val is to be conducted.
e. An estimate of the number of customers, spectators, par-
ticipants and other persons expected to attend the festival for
each day it is conducted.
f. The applicant shall provide names and addresses o£ any-
one contributing, investing or having a financial interest greater
than $500100 in producing the festival.
g. At the ti~e of making application the applicant shall
arrange to be fingerprinted by the office of the Sheriff of Col-
lier County.
i
SECTION 4. Festival plans.
A detailed explanation of the applicant's plans to provide
security and £~re protection, wa~er supply and facilities, food
supply and facilities, sanitation facilities, medical facilities
and services, vehicle parking space, vehicle access and on-site
traffic control, and, if it is proposed or expected that specta-
tors or participants wilt remain at night or overnight, the
arrangements for illuminating the premises and for cdmping or
similar facilities. The applicantts plans shall include what
provisions shall be made for numbers of spectators in excess of
the estimate, provisions for clean-up of the premises and
moral of rubbish after the event has concluded. A ploC plan
showing arrangement of the £acilities including those for park-
ing, egress and ingress shall be submitted with said application.
SECTION 5. Processing the application.
Upon receipt of a complete application and the application
fee, the Clerk of the Board of County Commissioners shall set
the application for public hearing at a regular meeting of the
Board of County Commissioners~ not less than fifteen (15) days
nor more than thirty (30) days thereafter, and shalI give not
less than ten (10) days written notice thereof to the applicant.
He shall promptly give notice of hearing and copies of the appli-.
cation to the Sheriff, the County Health Officer, and the County
Manager, who shall investigate the application and report in
writing to the Board of County Commissioners not later than the
hearing, with appropriate recommendations related to their o£fi-
cia1 functions as to granting a license and ccnditions thereof.
SECTION 6. Consideration of application by Board of County
Commissioners.
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Based upon the testimony of the witnesses and evidence pre-
sen:ed a: said hearing, including the report of said department
heads, the Board of County CommissLoners shall grant the license,
deny the license, or set conditions which must be met, or secur-
ity given that :hey will be met, before a license may be granted.
I£ conditions are imposed by the Board the applicant shall fur-
nish or cause :o be furnished to said Clerk proof chat all con-
di:lons have been met before :he license may be issued by said
Clerk.
SECTION 7. Issuance: License fee, Non-transferable License.
When the County Clerk certifies Chat conditions have been
me:, the Board of County Commissioners shall, upon payment of
$100.00 per day of operation, issue a license specifying the
name and address of the licensee, the kind of festival licensed
and the number of days' operation authorized. The licensee shall
keep said license posted in a conspicuous place upon the premises
a: which the festival is conducted. No license issued pursuant
:o this ordinance shall be transferable or removed to another
location.
SECTION 8. Licensing conditions.
At the hearing required under Section 5, the Board of County
Commissioners may establish conditions which must be met prior
to the issuance of any license under this Chapter, except that
the Board may take a matter under consideration before deter-
mining which conditions shall be imposed. ~here the Board takes
a maC:er under consideration, written notice of any conditions
imposed as prerequisite to the issuance of a license must be
mailed :o the applicant within fifteen (15) days of the original
hearing. The conditions which may be imposed by the Board of
County Commissioners pursuant to the County's general police
power £or the protection of health, safety, and property of local
residents and persons attending festivals in the County, are as
follows:
(a) POLICE PROTECTION: Every licensee shall employ at his
own expense, police protection. The number and type of officers
shall be determined and specified by the Sheriff of Collier County
to provide for the protection of property in and around the place
of the festival. Funds to employ this specified number of law
.enforcement officers at the current hourly salary rate for
Sheriff's Deputies, shall be deposited with the County of Collier
at least ten (10) days prior to the specified date =he activity
is to occur. A minimum of one law enforcement officer for every
five hundred (500) persons expected to be in attendance shall be
required.
Where the Sheriff specif~ed the employment of off-duty peace
officers to meet the requirements of this Chapter, sa~d peace'
officers shall be under the complete d~rect~on and contr01 of
the Sheriff of the County of Collier. The Sheriff must be satis-
fied that the requ~site number of peace officers will be provided
at all times of operations, plus any spec~fied time prior t° and
following the event, before a l~cense Ks ~saued.
(b) WATER FACILITIES: Every l~censee shall provide from a
water purveyor operating under a permit as required by.regula-
tions of the State Board of Health an ample supply of potable
water for drinking and sanitation purposes on ~he premises of., ·
the festival. Location of water facilities on the.premise~ must
be approved by the County Health Officer prior to issuance of a
license.
The minimum supply of water to outdoor £estivals shall be
£ifteen (15) gallons o~ water for each person in attendance per
day. All water shall meet U.S. Public Health Service standards.
Public and private flush type water closets, lavatories and drink-
ing facilities shall be required as determined by the County
Health Officer. Sewage and drainage systems relating to such
facilities shall meet the requirements of the State Board of
Health and be subject to the prior approval of the County Health
Officer and County Building Official.
(c) FOOD CONCESSIONS: ~{here the proposed festival is to
be held a substantial distance from public eating places, food
handling places or like establishments, applicant shall be re-
quired to demonstrate that food will be available at the premises
for each day of operation to adequately feed the number of persons
expected to be in attendance. Concessionaires must be licensed
and operated'under a valid Health Department permit pursuant to
local ordinances and state laws. Every licensee shall'provide
at least one flush type water closet and lavatory for each sex
in a closed facility for employees of each food concession or
operation within the enclosure.area of such food operation unless
otherwise approved by the County Health Officer. Under no cir-
cumstances shall the County Health Officer allow such flush type
water closets and lavatories to be located more than fifty (50)
feet from the food concession or operation. Ail lavatories re-
quired in conjunction with food concessions and food operations
shall be provided with hot and cold water under pressure which
shall be dispensed by an approved type mixing faucet.
Ail sewage, sink waste and waste water from water closets,
lavatories, sinks operated in connection with food Concessions or
~).'*d, ? O''11
food operation shall be disposed of to a public sewer or a sewage
disposal system approved by the County Health Officer and County
Building Official.
(d) SANITATION FACILITIES REQUIRED: Every licensee shall
provide at least one enclosed flush type W~ter closet facility
marked '~en" and one such facility marked 'Women" on the premises
of a festival on the basis on one flush type water closet for
each forty (60) males and one for each forty (40) females ex-
pected to be in attendance. Urinals may be substituted for the
required flush type water closets for men on the ratio of one
urinal and one flush type water closet per sixty (60) males.
Lavatories provided with cold water under pressure, soap,
and paper towels shall be provided on the basis of one lavatory
for each seventy-five (75) persons expected to be in attendance.
Where flush type water closets cannot be made available for
the persons in attendance, the Board o£ County Commissioners may
allow the use of portalbe chemical toilets. Such chemical toilets
must meet the approval of the County Health Officer before any
license may be issuod. Chemical toilets shall be emptied and
recharged at the licensee's expense as necessary pursuant to
procedures established by the County Health Officer.
The requirement for water flush type water closets for food
concessions, food operations and for the t~e of employees may not
be waived.
Every licensee shall be required to furnish at least one
trash can with thirty-six (36) gallon capacity with a tight fit-
ting lid for each twenty-five (25) persons expected to be in
attendance, an adaquate supply of plastic ba8 liners to fit the
trash receptacles shall be provided and each container shall at
all time have a plastic bag liner inserted and when full it shall
be tied, removed and a new plastic bag liner inserted. The pick-
up and removal of refuse, trash, garbage and rubbish shall be at
least once a day and more often if required by the County Health
Officer. A signed contract with a franchised refuse collector
shall be submitted to the County Health Officer and a copy of
same filed with the County Health Officer. Removal of all trash
and refuse shall be at the licensee's expense.
(e) MEDICAL FACILITIES: Where a proposed festival is ex-
pected to attract a large number of persons for a site located
a substantial distance from adequate existing treatment facil-
ities the applicant shall be required to provide emergency med-
ical treatment facilities on the premises of the festival. Where
the proposed festival is located close to adequate existing
ciiittes the applicant shall provide as required by the County
Health Officer emergency treatment facilities on the premises
of the festival.
The location of such facilities, number of doctors, psychia-
trists, psychologists, nurses and other aides needed to staff
said facilities and the quantity of medical supplies, drugs,
ambulances, and other equipment tha~ must be on the site shall
be approved by the Collier County Health Officer prior to the
issuance of any license under this ordinance. The County Health
Officer shall calculate the need for madical services, based on
the number of persons expected to attend a festival, their ex-
pected age group, the duration of events planned and the possi-
bility of exposure to inclement weather and outdoor elements.
Traffic lanes and other adequate spece shall be designated
and kept opern for access and travel for ambulance, helicopter,
and other emergency vehicles to transport patients,.or staff to
appropriate on and off-site treatment facilities.
(f) PARKIN(I AREAS: Every licensee shall provide adequate
parking space for persons attending the festival by motor vehi-
cle. Persons desiring to operate or conduct a festival may be
called upon to provide a separate parking space for every two
(2) persons expected to attend the festival by motor vehicle.
Such individual parking spaces shall be clearly marked and shall
not be less than twelve (12) feet wide and ~wenty (20) feet long.
The Collier County Building Official must approve an applicant~s
"parking plan" before license shall be issued.
(g) ACCESS AND PAI~ING CONTROL: Every licensee shall pro-
vide adequate ingress and egress to festival premises and parking
areas therefor. Necessary roadsj driveways and entranceways
shall exist to insure orderly flow of traffic into the premises
from a highway or road which is a par= of the County or State
System of Highways or which is a highway maintained by the State
of Florida. A special accessway for fire equipment, ambulances
and other emergency vehicles may be required. The Director of
the Road Department must approve the licenseets plan for lnsress
and egress before a license shall be issued. Additionally, any
applicant may be required to show that traffic guards are under
his employ to insure orderly traffic movement and relieve traf-
fic congestion in the vincinity of the festival area.
(h) HOURS OF OPERATION= All festivals which are subject
to license under this Ordinance shall close and cease operation
continuously between the hours of 2:00 ofclock A.M. and 6:00 of
clock A.M. of each and every day.
(i) ILLUMINATION: Every licensee planning to conduct a
festival after dark, or planning to allow persons who attend the
festival to remain on the premises after dark~ shall provide
electrical illumination to insure that those areas which are
occupied are lighted at all times. The Director of Building and
Safety must approve an applicant's lighting plan as a prerequi-
site to issuance of a license hereunder.
A licensee may be required to illuminate speci£ic areas on
the premises in accordance with the following scale of lighting
intensity:
Illumination
Open area reserved for spectators
Stage areas
Parking & Overnight areas
Restroom & Concession areas
, ~atts/Sq. ft.
0.50
$.00
0.25
1.00
(]) OVERNIGHT C~MPIN~ FACILITIES: Every licensee authorized
to allow persons who attend the festival to remain on the premises
overnight shall provide campinS facilities and overnight areas
that meet the requirements of the Collier County Zoning Regula-
tions for mobile home parks, special occupancy trailer parks and
campgrounds including travel trailer parks, recreational trailer
parks, temporary trailer parks incidential camping areas and tent
camps. Such areas and facil£ties shall be approved by the coUnty
Health Officer and County Building Official prior =o the ~ssu-
ance of any license.
(k) ~ONDS: Any licensee may be called upon to
demnity bond and a performance bond in favor of the County in
connection with the operation of a festival. Bonds required by
this Ordinance must be approved by the Board of CoUnty Commis-
sioners prior to the issuance of a license. An applicant may be
required to submit a surety bond written by a corporate bonding
company authorized to do business in the State of Florida, in a
penal amount determined by the Board of County Commissioners.
Said bond shall indemnify the Bounty of Collier, its agents,
o££icers, servants and employees and the Board of County Commis-
sioners o£ said county against any and all loss, injury and damage
o£ any nature whatsoever arising out of, or in any way connected
with said festival, and shall indemnify against loss, injury, and
damage to both person and property. Additionally, the County may
demand that applicant provide a corporate surety bond written by
a corporate bonding company authorized to do business in the
State of Florida, indemnifying the County of Collier and the own-
ers of property adjoining the festival site for any costs neces-
sitated for cleaning up and removing debris, trash or other waste
£rom, in, and around the premises. Said bond shall be in an a-
mount determined by the Board of County Commissioners.
(1) FIRE PROTECTION: Every licensee shall provide, at his
own expense adequate fire protection as determined by the fire
protection agency or agencies having Jurisdictionwhere the event
is to be conducted. If the event is located in a hazardous fire
area as defined by the Sheriff of Collier County~ a suitable num-
ber of Fire Guards shall be employeed by the licensee who shall
bm approved by the Sheriff. Flammable vegata~lon and other fire
hazards shall be removed in a manner and in such quantity as
determined by the Sheriff. First aid and fire extinguishment
equipment shall be provided as directed by the Sheriff.
(m) FINANCIAL STATEMENTS: Each licenses shall be required
to provide a financial statement to give assuranca of the ability
of the promoters and applicants to meet the conditions of the
permit.
(n) COMMUNICATION: Licensee shall be required to estab-
lish a communication system for public use where ordinary com-
munications are hOC available.
(o) I~SCELLANEOUS: Any applicant amy be required Co meeC
any other condition prior to receiving a license to conduce a
festival which ts reasonable calculated as necessary to
the health, welfare, and property of local residents and persons
ac=ending a festival.
SECTION 9. Grounds £or denial o£ license; No=ice of denial.
After holding the required public hearing, the Board of
County Commissioners may deny issuance of license if
any of the following:
(a) That the applicant fails Co meet the conditions imposed
pursuant to =he Ordinance.
(b) ThaC the proposed festival will be conducted tn a man-
ner or location hOC meetin8 the heal=h, zoning, fire or building
and safety standards established by this ordinance or =he laws
of the State of Florida.
(c) That the applicant has knowingly made a false, mislead-
1nS or fraudulent statement o£ maCe=ial fac~ tn the application
for license or tn any othe= document required pursuant Co Chis
0:dtnance.
(d) That the applicant, his emptoyee, agent, or any person
connected or associated with the applicant as partner, directo=~
officer, stockholder, associate, or manager has previously con=
ducted the type of festival being applied for which resulted
the creation of a public or private nuisance.
(e) That the applicant, his emptoyee~ agent, or any person
associated with applicant,as partner, director, officer, stock-
,Il
holder, associate, or manager has been convicted in a court of
competent Jurisdiction, by final Judgment of:
(1) an offense involving the presentation, exhibition, or
performance of an obscene production, motion picture or play;
or of selling obscene matter; or
(2) an offense involvin$ lewd conduct; or
(3) an offense involving the use of force and violence upon
the person of another; or
(4) an offense involving misconduct with children; or
(5) a felony offense.
Where the application is denied, the Clerk of the Board of
County Commissioners shall mall to the applicant written notice
of denial within fourteen (14) days of said action, which notice
shall include a statement of the reasons the application was
denied.
SECTION 10. Complaints.
Any person may file a complaint with the Clerk of the Board
of County Commissioners or may petition the Board of County Com-
missioners to conduct a heating concerning the revocation of any '
license. The Clerk of the Board of County Commissioners shall r
notice the petition for hearing in accordance with the provisions
of Section 5.
SECTION 11. Revocation of license.
The Board of County Commissioners of Collier County shalI
have the power to revoke any license, or to revoke and reinstate .
any license upon suitable conditions, when the following causes
exist:
(a) The licensee fails, neglects or refuses to pay to the
Board of County Commissioners the fee prescribed by this Ordinance.
BOOK
(b) The licensee, his employee or agent, fails, neglects
or refuses co fulfil any or all o£ the conditions imposed pursu-
ant to this Ordinance.
(c) The licensee allows the festival to be conducted in a
manner which violates any law or regulation established by the
Ordinances of the County of Collier or the Laws of the State of
Florida.
(d) The licensee allows the £estival to be conducted in a
disorderly manner or knowingly allows any person to remain on
the premises of the festival whlle under the influence of intox-
icating liquor, or any narcotic or dangerous drug.
(e) The licensee, his employee or agent, is convicted of
any of the offenses enumerated under Section 9.
SECTION 12. Notice of intent to revoke.
Notice of inten~ to revoke any license shall be given and
the licensee shall be entitled to a hearing. The CIerk o£ the
Board of County Commissioners shall give notices 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 of
County Commissioners of Collier County.* Said notice shall be
mailed not later than ten (10) daY~'~i0r ~o the date se~'~or
hearing. The Board of C~un~y Commissioners shall hear all inter-
ested parties and may revoke a license only for one or more
causes enumbera~ed by Section 9.
SECTION 13. Violations; Remedies of County.
It shall be unlawful for any licensees employee~ asen~ or
person associated with said licensees to do any of the following:
(a) Conduct or operate a festival~r~thout first procuring
a l~cense to do so.
(b) Sell tickets to a festival without a license firs~ hay-
lng been obtained.
(c) Operate, conduct or carry on any festival in such a
manner as to create a public or private nuisance.
(d) Exhibit, show or conduct within said place of festival
any obscene, indecent, vulgar or lewd exhibition, show, play en-
tertainment or exhibit no matter by what name designated.
(e) Allow any person on the premises of the licensed fee-
rival to cause or create a disturbance tn, around, or near any
place o£ £esttval by offensive or disorderly conduct.
(£) Knowingly allow any person to consume, sell, or be in
possession of intoxicating liquor ~d~ile in a place of a festival
except where such consumption or possession is expressly author-
ized under the terms of this Ordinance and under the laws of the
State of Florida.
(g) Knowingly allo~ any person at the licensed festival to
use, sell, or be in possession of any narcotic or dangerous drug
while tn, around, or near a place of the festival.
Any of the above enumerated'violations shall constitute a
criminal act and shall be punishable pursuant to law. It is
provided, however, that the County of Collier retains any and
all civil remedies, includin8 the right of civil injunction for
the prevention of said violations and for the recovery of money
damages there£or.
SECTION 14.
provided by law.
This ordinance shall take effect at the time
BOARD OF COUNTY COMMISSIOI~RS
ATTEST: OF COLLIER COUNTY, FLORIDA
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