(A) The Parks and Recreation Director shall establish conditions which must be met prior to the issuance of any license under this chapter, except that the Parks and Recreation Director may take a matter under advisement before determining which conditions shall be imposed. Where the Parks and Recreation Director takes a matter under advisement and a final decision is subsequently made, written notice of any conditions imposed as prerequisite to the issuance of a license must be mailed to the applicant.
(B) The conditions which may be imposed by the Parks and Recreation Director are as follows:
(1) Police protection. Every licensee may, at his or her own expense, be required to employ a number of off-duty police officers, private patrolers, or guards as recommended by the Chief of Police. The private patrolers or guards shall be approved by the Chief of Police and shall be responsible for the preservation of order and protection of property in and around the place of the festival. The patrolers shall be required to be licensed to the extent that licensing may from time to time be required under state law. They must be in attendance, wearing uniforms, at all times the event is in operation. Where the Chief of Police authorizes the employment of off duty peace officers to meet the requirements of this chapter, the peace officers shall be under the direction and control of the Chief of Police. The Chief of Police must be satisfied that the requisite number of private patrolers or guards will be provided at all times of operation before a license is issued. If a private patrol agency is to be used, the applicant must submit a written agreement between the applicant and the licensed private patrol agency.
(2) Water facilities. Every licensee shall provide an ample supply of water for drinking and sanitation purposes on the premises where the festival is to be conducted. Quality and quantity of water and location of facilities must be approved by the county’s Health Department prior to the issuance of a license. All water shall meet the standards of the state’s Department of Health Services and shall be provided, stored and dispensed by methods approved by that Department.
(3) Food concessions. In the case of any festival proposed to be held in areas located a substantial distance from markets, restaurants or like eating establishments, applicant shall be required 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 pursuant to local regulation and state laws. Quality and quantity of food and location of concessions must be approved by the county’s Health Department prior to the issuance of any license.
(4) Sanitation facilities.
(a) Every licensee shall provide and maintain adequate toilet facilities pursuant to procedures established by the County Health Department before any license may be issued.
(b) Every licensee shall be required to furnish and maintain adequate trash cans pursuant to procedures established by the County Health Department before any license may be issued.
(5) Medical facilities. Where a proposed festival is planned for a site which is located a substantial distance from existing medical treatment facilities, the applicant may be required to provide emergency medical treatment facilities on the premises. The location of the facilities, number and qualifications of medical and paramedical persons needed to staff the facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site, must be approved by the county’s Health Department prior to the issuance of any license under this chapter. Medical personnel must be licensed pursuant to local regulations and state laws. The county’s Health Department shall calculate the need for medical services, based on the number of persons expected to attend the public amusement or festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements.
(6) Parking areas. Every licensee shall provide adequate parking space for persons attending a festival by motor vehicle. Applicants may be called upon to provide separate space for the festival, separate from or in addition to the premises where the festival is to be conducted. Individual parking areas shall be clearly marked and shall be designed in accordance with minimum standards for safe traffic engineering, including compliance with applicable fire code regulations. Planning and zoning will establish minimum parking for maximum capacity as per applicant’s request. The Chief of Police must approve an applicant’s “parking plan” before a license shall be issued.
(7) Access and parking control. Every licensee shall provide adequate ingress and egress to the premises where the festival is to be conducted, together with parking areas therefor. Necessary roads, driveways and entranceways shall exist to insure orderly flow of traffic into the premises from a highway or road which is a part of the town's system of highways or which is a highway maintained by the State of Arizona. The chief of police must approve the licensee’s plan for ingress and egress before a license shall be issued. Additionally, any applicant may be required to show that traffic guards are under his or her employment to insure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area.
(8) Hours of operation. Every festival shall close and cease operation continuously between the hours of 12:00 a.m. and 5:00 a.m. of each and every day.
(9) Illumination. Every applicant for a license for a festival to be conducted during hours of darkness, 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 Parks and Recreation Director must approve an applicant’s lighting plan as a prerequisite to issuance of a license hereunder. A licensee shall be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:
Open areas reserved for spectators | 5 to 10 foot candles |
Stage area | 75 to 100 foot candles |
Parking and overnight areas | 1 to 5 foot candles |
Restroom and concession areas | 20 to 50 foot candles |
(10) Overnight camping facilities. Every applicant intending to allow persons who attend the festival to remain on the premises overnight shall indicate in his or her application, or the license, if issued, shall not include the permission. Overnight camping shall be allowed only in officially approved areas.
(11) Insurance. At least 10 days prior to the scheduled beginning of the festival, the licensee shall provide to the town a certificate of insurance in an amount approved by the Parks and Recreation Director, based on the risk level of the event, for comprehensive liability with the licensee’s policy including coverage for bodily injury, property damage, contractual liabilities, owned/non-owned or hired vehicles. The town shall be named as an additional insured on the policy. Further, the licensee’s policy shall state that the licensee’s insurance is primary over any other insurance available to the town.
(12) Worker’s compensation. The licensee shall provide satisfactory evidence of worker’s compensation.
(13) Indemnification. The licensee shall hold the town harmless from and against any and all claims, judgments or attorney’s fees arising out of the occurrence of any event related to the holding of the festival, including any such claims that are based upon the negligence of the town, it being the specific intent of the licensee to indemnify the town for any loss arising out of the occurrence of any event related to the holding of the festival, even if caused by the town’s own negligence.
(2001 Code, § 8-5-9)