(A) At the hearing required under § 5.30.050, the City Council may establish conditions which must be met prior to the issuance of any license under this chapter, except that the Council may take a matter under submission before determining which conditions must be imposed. Where the Council takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license must be mailed to the applicant within 30 days of the original hearing.
(B) The conditions which may be imposed by the City Council pursuant to the city’s general policy power for the protection of health, safety and property of local residents and persons attending festivals in the city are as follows.
(1) Police protection. Every licensee shall employ, at his or her own expense, police protection. The number and type of officers shall be determined and specified by the Police Chief to provide for the preservation of order and 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 police officers shall be deposited with the city at least ten days prior to the specified date the activity is to occur. A minimum of one law enforcement officer for every 500 persons expected to be in attendance shall be required. Where the Police Chief specified the employment of off-duty peace officers to meet the requirements of this chapter, the peace officers shall be under the complete direction and control of the Police Chief. The Police Chief must be satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to and following the event, before a license is issued.
(2) Water facilities.
(a) Every licensee shall provide from a water purveyor operating under a permit as required under California Health and Safety Code § 4011 an ample supply of potable water for drinking and sanitation purposes on the premises of the festival. Location of water facilities on the premises must be approved by the health officer prior to issuance of a license.
(b) The minimum supply of water to an outdoor festival shall be 15 gallons of 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 drinking 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 Health and Safety Code and be subject to the prior approval of the County Health Officer and the Director of Building and Safety.
(3) Food concessions.
(a) Where the proposed festival is to be held a substantial distance from public eating places, food handling places or like establishments, the 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.
(b) Concessionaires must be licensed and operate 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 health officer.
(c) Under no circumstances shall the health officer allow such flush type water closet and lavatories to be located more than 50 feet from the food concession or operation. All lavatories required 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. All sewage, sink waste and wastewater from water closets, lavatories, sinks operated in connection with food concessions or food operations shall be disposed of to a public sewer or a sewage disposal system approved by the County Health Officer and Director of Planning.
(4) Sanitation facilities required.
(a) Every licensee shall provide at least one enclosed flush type water closet facility marked "Men" and one such facility marked "Women" on the premises of a festival on the basis of one flush type water closet for each 40 males and one for each 40 females expected to be in attendance.
(b) 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 60 males.
(c) Lavatories provided with cold water under pressure, soap and paper towels shall be provided on the basis of one lavatory for each 75 persons expected to be in attendance.
(d) The requirement for water flush type water closets for food concessions, food operations and for the use of employees may not be waived. Every licensee shall be required to furnish at least one trash can with 36 gallon capacity with a tight fitting lid for each 25 persons expected to be in attendance. An adequate supply of plastic bag liners to fit the trash receptacles shall be provided, and each container shall at all times 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 health officer. A signed contract with a licensed refuse collector shall be submitted to the County Health Officer and a copy of same filed with the health officer. Removal of all trash and refuse shall be at the licensee’s expense.
(5) Medical facilities.
(a) Where a proposed festival is expected to attract a large number of persons for a site located a substantial distance from adequate existing treatment facilities, the applicant shall be required to provide emergency medical treatment facilities on the premises of the festival.
(b) Where the proposed festival is located close to adequate existing facilities, the applicant shall provide, as required by the health officer, emergency treatment facilities on the premises of the festival.
(c) The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff the facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the County Health Officer prior to the issuance of any license under this chapter.
(d) The County Health Officer shall calculate the need for medical services based on the number of persons expected to attend a festival, their expected age group, the duration of events planned and the possibility of exposure to inclement weather and outdoor elements. Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients or staff to appropriate on-site and off-site treatment facilities.
(6) Parking areas.
(a) Every licensee shall provide adequate parking space for persons attending the festival by motor vehicle.
(b) Persons desiring to operate or conduct a festival may be called upon to provide a separate parking space or every two persons expected to attend the festival by motor vehicle. The individual parking spaces shall not be less than nine feet wide and 20 feet long. The Director of Planning must approve an applicant’s parking plan before a license shall be issued.
(7) Access and parking control.
(a) Every licensee shall provide adequate ingress and egress to festival premises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to insure orderly flow of traffic into the premises from any street or highway. A special accessway for fire equipment, ambulances and other emergency vehicles may be required. The Director of Public Works must approve the licensee’s plan for ingress and egress before a license shall be issued.
(b) Additionally, any applicant may be required to show that traffic guards are under his or her employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area, which number shall be approved by the Chief of Police.
(8) Hours of operation. All festivals which are subject to license under this chapter shall close and cease operation continuously between the hours of 2:00 a.m. and 6:00 a.m. of each and every day.
(9) 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 prerequisite to issuance of a license under this chapter. A licensee may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:
Illumination | Watts/Sq. Ft. |
Open areas reserved for spectators | 0.50 |
Stage areas | 5.00 |
Parking and overnight areas | 0.25 |
Restroom and concession areas | 1.00 |
(10) Overnight camping facilities. Every licensee authorized to allow persons who attend the festival to remain on the premises overnight shall provide camping facilities and overnight areas that meet the requirements of the California Administrative Code Title 25 for mobile home parks, special occupancy trailer parks and campgrounds, including travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas and tent camps. Such areas and facilities shall be approved by the County Health Officer and Director of Building and Safety prior to the issuance of any license.
(11) Bonds.
(a) Any licensee may be called upon to post an indemnity bond and/or a performance bond in favor of the city in connection with the operation of a festival. Bonds required by this chapter must be approved by the City Attorney 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 by the Department of Insurance in a penal amount determined by the City Council. The bond shall indemnify the city, its agents, officers, servants and employees and the City Council against any and all loss, including the cost for additional police officers in case of riot or insurrection or other injury and damage of any nature whatsoever arising out of, or in any way connected with the festival, and shall indemnify against loss, injury and damage to both person and property.
(b) Additionally, the city may demand that applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the state, indemnifying the city and the owners of property adjoining the festival site for any costs necessitated for cleaning up and/or removing debris, trash and other waste from, in and around the premises. The bond shall be in an amount determined by the City Council.
(12) Fire protection. Every licensee shall provide at his or her own expense adequate fire protection as determined by the Fire Chief. If the event is located in a hazardous fire area as determined by the Fire Chief, a suitable number of fire guards shall be employed by the licensee who shall be approved by the Fire Chief. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the Fire Chief. First aid fire extinguishment equipment shall provided as directed by the Fire Chief.
(13) Financial statements. Each licensee shall be required to provide a financial statement to give assurance of the ability of the promoters and/or applicants to meet the conditions of the permit.
(14) Communication. The licensee shall be required to establish a communication system for public use where ordinary communications are not available.
(15) Miscellaneous. Any applicant may be required to meet any other condition prior to receiving a license to conduct a festival which is reasonably calculated as necessary to protect the health, welfare and property of local residents and persons attending a festival.
(`78 Code, § 5.28.080.) (Ord. 1680 § 2, 1983.)