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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. BOOK 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 ,oo, l ,,0,