* Prior ordinance history: Ords. 341, 378, 341-A, 341-B and 341-C.

“Outdoor event” means any music festival, dance festival, rock concert, craft, fair or show, antique show, flea market, swap meet, carnival, theme fair, cultural celebration, sporting event, or athletic contest or exhibition or other outdoor event, activity or entertainment, including fireworks displays, which is held at any place other than a permanent building or permanent installation which has been constructed for the purpose of conducting such activities or similar activities, and to which members of the public are invited or admitted, whether for a charge or free of cost. (Ord. 341E § 1, 2002: Ord. 341-D § 1(part), 1989).

The Madera County resource management agency director shall administer the provisions of this chapter. (Ord. 341E § 2, 2002).

A. No person shall operate, maintain, conduct, advertise, or sell or furnish tickets for an outdoor event in the county which is likely to attract one thousand or more persons at any one time unless he/she shall first obtain a license from the director to operate or conduct the event or the premises has an outdoor event location license issued in accordance with this chapter.
B. The director may renew a license for an event that is held on an annual basis without following the procedures of this chapter, provided the license holder remains the same, the prior event was trouble free, the license holder presents proof of insurance for the event to the director, the license holder has such other permits/licenses as may be applicable to the event, and the license holder has given the director advance written notice as required by Section 5.16.030C to renew the license. The director shall advise the license holder of any new and/or additional requirements imposed by law known to the director that were not a part of the prior license and shall require proof of compliance before issuing any license renewal.
C. The director may issue an outdoor event location license for a premises that has been issued an outdoor event license not less than three times in a previous twelve month period. This outdoor event location license will allow (subject to the terms and conditions of the license as determined necessary by the director), the use of the premises for various outdoor events without having to obtain a license for each individual event. (Ord. 341E § 3, 2002: Ord. 341-D § 1(part), 1989).

Any person planning to conduct an outdoor event which is likely to cause the closure of any road or is likely to sell/offer food must register the event with the director on forms furnished by the director not less than thirty days prior to the event. If the director determines that it is likely that a road is likely is to be closed or food is to be sold/offered, the director shall require the applicant to obtain the necessary permits or approvals from the affected agencies. (Ord. 341E § 4, 2002).

No owner of real property or person in control thereof shall cause, permit or allow such real property to be used for the holding or conducting of an outdoor event unless the director has issued a license for such use as provided in Section 5.16.020. (Ord. 341E § 5, 2002).

A. Application for a license to conduct an outdoor event or for an outdoor premises license shall be made in writing to the director on a form provided by the director shall be accompanied by a non-refundable fee of one hundred dollars and shall include the following information:
1. The name, age, residence, mailing address and telephone number of the applicant and the applicants project manager, if any, the applicant’s legal nature, such as individual, partnership, corporation, etc. If the application is made by a partnership, the names and addresses of all general partners shall be included. If the applicant is a corporation, the application shall be signed by the president and secretary thereof and shall contain the names and addresses of all corporate officers. A certified copy of the articles of incorporation shall be attached to the application;
2. The location, assessor tax parcel number and legal description of the premises where the outdoor event is proposed to be conducted, or the premises to be subject to the location permit, including all lands to be used for parking or other uses incidental to the event. The applicant shall submit proof that the applicant owns said premises or shall provide the written consent of all owners thereof for the proposed use;
3. The date or dates and hours during which the event is to be conducted or the premises is expected to be used for an outdoor event.
4. An estimate of the minimum and maximum numbers of customers, spectators, participants and other persons expected to attend the outdoor event for each day it is conducted;
5. A detailed explanation of the applicant’s program and of the applicant’s plans to provide security, fire protection, water supply and facilities, food supply and facilities, sanitation facilities, medical facilities and services, location and number of vehicle parking spaces, emergency and vehicle access and off and on-site traffic control, and, if it is proposed or expected that spectators or participants will remain at night or overnight, the arrangements for illuminating the premises and for camping or similar facilities, applicant’s plans to provide for numbers of spectators in excess of the estimate and provisions for cleanup of the premises and removal of rubbish after the event has concluded;
6. The application shall address any board adopted rule or regulation.
B. An applicant for a license to conduct an outdoor event shall be subject to the provisions of Sections 5.04.170 and 5.04.200 requiring a business license for “special events”.
C. An application for a license under this chapter shall be filed with the director not less than thirty days prior to the date or dates upon which a single event is to be conducted, and not less than sixty days prior to the first event for a multiple event or site specific license. Any non-profit charitable organization as defined in Section 5.17.020 of this code, in lieu of the one hundred dollar non-refundable fee otherwise required, shall deposit with the director a non-refundable fee sufficient to pay for the cost of notice as required in Section 5.16.040B, below. (Ord. 341E § 6, 2002: Ord. 341-D § 1(part), 1989).

A. Upon receipt of a complete application and the application fee, the director shall give notice with copies to the board of supervisors, sheriff, the county health officer, the road commissioner, the planning director, the California Department of Transportation, the county engineer, the director of environmental health, the Emergency Medical Services Agency for the county, the county risk manager, the California Highway Patrol and the fire department, each of which, except the board of supervisors, should investigate the application but shall report in writing to the director not later than fifteen days from the date the director submitted the application for review if conditions to the license are requested.
B. The director shall cause notice to be published in a newspaper of general circulation stating that an application for a site specific or multiple outdoor event license has been filed with the director. The notice shall state that further information may be obtained from the director. (Ord. 341E § 7, 2002: Ord. 341-D § 1(part), 1989).

Before the director acts on the application, the applicant must file with the director a general liability insurance certificate in an amount satisfactory to the county risk manager which shall name the county of Madera as an additionally insured. (Ord. 341E § 8, 2002).

A. Upon receipt of the investigation reports from the various departments, the director shall approve, conditionally approve, or recommend denial of the application within ten days unless the proposed outdoor event requires additional review by other county departments due to health and safety concerns, including fire or traffic safety, in which event the director may extend the date for decision. The director shall notify the applicant of any required extension.
B. If within ten days following the decision, the applicant or any other person may object in writing to the decision of the director by filing an appeal with the director together with an appeal fee of seventy-five dollars. The director shall cause the appeal to be placed on the board of supervisors agenda at the earliest date, after consultation with the applicant and appellant as to the date for the board’s final determination. The director shall give notice of the hearing to any person requesting notice and may give notice of the hearing to nearby property owners should the director determine that such property may be impacted by the event. Based upon the testimony of the witnesses and evidence presented at the hearing, including the reports of the department heads and public agencies, the board shall grant the license, deny the license, or set conditions which must be met, or security given that the applicant must provide before a license may be granted. (Ord. 341E § 9, 2002: Ord. 341-D § 1(part), 1989).

The director, and the board of supervisors at the appeal hearing, may, in connection with granting the license, impose conditions to be performed at the licensee’s expense, when the evidence shows that such conditions are necessary for the protection of the health, safety and general welfare of the people of the county, including the people attending the outdoor event, such conditions to include but not limited to any or all of the following subjects:
A. Security protection;
B. Water supply and facilities;
C. Food supply and concessions;
D. Sanitation facilities and cleanup requirements;
E. Medical facilities and services;
F. Vehicle parking, emergency and vehicle access and traffic control;
G. Overnight facilities and grounds illumination;
H. Performance and indemnity including bonds of deposits;
I. Fire and life safety protection;
J. “Standby” ambulance services in accordance with the County Emergency Medical Services Agency’s policies and procedures. (Ord. 341E § 10, 2002: Ord. 341-D § 1 (part), 1989).

Upon determining that the requirements of Section 5.16.050 have been complied with, the clerk, upon payment of a license fee of one hundred fifty dollars per day of operation, shall issue a license to the applicant for the specific location authorized for the event and for the specific days for which the event is authorized to be operated, including the conditions as fixed by the board of supervisors. (Ord. 341-D § 1(part), 1989).

The board of supervisors shall have the right to revoke any license, or to revoke and reinstate any license upon suitable conditions, if any of the following causes exist:
A. The licensee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of a license;
B. The licensee allows the outdoor event to be conducted in a disorderly manner or allows any persons to remain on the premises while under the influence of intoxicating liquor or any narcotic or dangerous drug. (Ord. 341-D § 1(part), 1989).

Nothing in this chapter shall be deemed to waive any other local, state or federal requirements which may apply to the outdoor event. (Ord. 341E § 11, 2002).

The penalty for violation of this chapter shall be as prescribed in Chapter 1.12 of this code. (Ord. 341-D § 1(part), 1989).