ARTICLE A.  OUTDOOR FESTIVALSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19809
2-8A-1: DEFINITION:
2-8A-2: LICENSE REQUIRED:
2-8A-3: LICENSE APPLICATION; FEE; REQUIREMENTS:
2-8A-4: CONSIDERATION OF APPLICATION BY CITY COUNCIL:
2-8A-5: LICENSE ISSUANCE; FEE; POSTING:
2-8A-6: BOND AND FINANCIAL STATEMENT:
2-8A-7: LICENSING CONDITIONS:
2-8A-8: GROUNDS FOR DENIAL OF LICENSE; NOTICE OF DENIAL:
2-8A-9: EXEMPTIONS TO CHAPTER:
2-8A-10: COMPLAINTS:
2-8A-11: PROHIBITED ACTS:
2-8A-12: REVOCATION OF LICENSE:

The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-1: DEFINITION:linklink

"Outdoor festival" means any music festival, dance festival, "rock" festival or similar musical activity, at which music is provided by paid or amateur performers or by prerecorded means, which is held at any place other than in 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 for a charge or free of cost. (Ord. 21, 1-3-1985)
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The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-2: LICENSE REQUIRED:linklink

No person shall operate, maintain, conduct, advertise, sell or furnish tickets for an outdoor festival in the city unless he shall first obtain a license from the city council to operate or conduct such festival. (Ord. 21, 1-3-1985)
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The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-3: LICENSE APPLICATION; FEE; REQUIREMENTS:linklink


A. Fee; Contents Of Application: Application for a license to conduct an outdoor festival shall be made in writing to the city manager at least sixty (60) days prior to the time indicated for the commencement of the planned activity and shall be accompanied by a nonrefundable application fee of one hundred dollars ($100.00), and shall contain the following:

1. The name, age, residence and mailing address of the person 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 officers; and a certified copy of the articles of incorporation shall be submitted with the application.

2. A statement of the kind, character or type of festival which the applicant proposes to conduct, operate or carry on.

3. 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.

4. The date or dates and hours during which the festival is to be conducted.

5. An estimate of the number of customers, spectators, participants and other persons expected to attend the festival for each day it is conducted.

6. The names and addresses of anyone contributing, investing or having a financial interest greater than five hundred dollars ($500.00) in producing the festival.


B. Fingerprint Based Background Checks: All applicants applying for a permit or license pursuant to this article shall provide the city of Mesquite with a full set of fingerprints. In all cases where the applicant for a license or permit is a firm, partnership, association or corporation, the city manager shall determine who of the members, principal officers, directors, stockholders, and/or managers shall present themselves to the city police agency for fingerprinting. Fingerprinting shall be completed at the Mesquite police department. Fingerprint data will be used to conduct state and national criminal records checks. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city of Mesquite, which shall render a fitness determination regarding the applicant. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544.


C. Fees: All applicants shall provide a nonrefundable investigation and fingerprinting fee of one hundred forty five dollars ($145.00). All nonapplicants required to be fingerprinted pursuant to this section shall provide a nonrefundable forty five dollar ($45.00) fingerprinting fee.

D. Festival Plans Filed With Application: A detailed explanation shall be submitted with the application and shall indicate the applicant's plans to provide security and fire protection, water 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 spectators or participants will remain at night or overnight, the arrangements for illuminating the premises and for camping or similar facilities. The applicant's plans shall include what provisions shall be made for numbers of spectators in excess of the estimate, provisions for cleanup of the premises and removal of rubbish after the event has concluded. A plot plan showing arrangement of the facilities, including those for parking, egress and ingress, shall be submitted with said application. (Ord. 405, 7-22-2008, eff. 8-15-2008)

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The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-4: CONSIDERATION OF APPLICATION BY CITY COUNCIL:linklink

Based upon the testimony of the witnesses and evidence presented at a hearing, including the report of department heads, the city council shall grant the license, deny the license or set conditions which must be met, or security given that they will be met, before a license may be granted. If conditions are imposed by the council, the applicant shall furnish or cause to be furnished to the city manager, proof that all conditions have been met before the license may be issued by the city manager. (Ord. 21, 1-3-1985)
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The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-5: LICENSE ISSUANCE; FEE; POSTING:linklink


A. Issuance And Fee: When the city manager certifies that conditions have been met, the city manager shall, upon payment of one hundred fifty dollars ($150.00) 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.


B. Posting Of License: The licensee shall keep such license posted in a conspicuous place upon the premises at which the festival is conducted.


C. License Nontransferable: No license issued pursuant to this chapter shall be transferable or removed to another location. (Ord. 21, 1-3-1985)

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The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-6: BOND AND FINANCIAL STATEMENT:linklink


A. Bond: 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 article 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 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, injury and damage of 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 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 or other waste from, in and around the premises. The bond shall be in an amount determined by the city council.


B. Financial Statement: 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. (Ord. 21, 1-3-1985)

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The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-7: LICENSING CONDITIONS:linklink

At the hearing required under this article, the city council may establish conditions which must be met prior to the issuance of any license under this article except that the city council may take a matter under submission before determining which conditions shall be imposed. Where the city 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 fifteen (15) days of the original hearing.

The conditions which may be imposed by the city council pursuant to the city's general police power for the protection of health, safety and property of local residents and persons attending festivals in the city, 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 city law enforcement agency 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, shall be deposited with the city manager at least ten (10) days prior to the specified date the 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 city's law enforcement agency specified the employment of off duty peace officers to meet the requirements of this chapter, said peace officers shall be under the complete direction and control of the police agency.


B. Fire Protection: Every licensee shall provide at his own expense adequate fire protection as determined by the fire protection agency or agencies having jurisdiction where the event is to be conducted. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the fire chief or fire chiefs. First aid fire extinguishment equipment shall be provided as directed by the fire chief or fire chiefs. (Ord. 21, 1-3-1985)


C. Water Facilities:

1. Location of water facilities on the premises must be approved by the Southern Nevada health district prior to issuance of a license.

2. The minimum supply of water to the outdoor festival shall be fifteen (15) gallons of fresh water for each person in attendance per day. All water shall meet United States health service standards. Public and private flush type water closets, lavatories and drinking facilities shall be required as determined by the Southern Nevada health district. Sewage and drainage systems relating to such facilities shall be subject to the prior approval of the Southern Nevada health district and the city manager. (Ord. 21, 1-3-1985; amd. Ord. 345, 6-27-2006, eff. 7-20-2006)


D. Food Concessions:

1. 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. (Ord. 21, 1-3-1985)

2. Concessionaires must be licensed and operate under a valid health district 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 Southern Nevada health district.

3. Under no circumstances shall the Southern Nevada health district allow such flush type water closets and lavatories to be located more than fifty feet (50') from the 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 Southern Nevada health district and the city manager. (Ord. 21, 1-3-1985; amd. Ord. 345, 6-27-2006, eff. 7-20-2006)


E. Sanitation Facilities Required:

1. Water Closets And Lavatories:

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 forty (40) males and one for each forty (40) females expected 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.

b. 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. (Ord. 21, 1-3-1985)

c. Where flush type water closets cannot be made available for the persons in attendance, the city council may allow the use of portable chemical toilets. Such chemical toilets must meet the approval of the Southern Nevada health district before any license may be issued. Chemical toilets shall be emptied and recharged at the licensee's expense as necessary pursuant to procedures established by the Southern Nevada health district. The requirement for flush type water closets, food concessions, food operations and for the use of employees may not be waived.

2. Garbage And Trash Containers; Removal: Every licensee shall be required to furnish at least one trash can with thirty six (36) gallon capacity, with a tightfitting lid, for each twenty five (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 Southern Nevada health district. A signed contract with a licensed refuse collector shall be submitted to the Southern Nevada health district and a copy of same filed with the health district. Removal of all trash and refuse shall be at the licensee's expense. (Ord. 21, 1-3-1985; amd. Ord. 345, 6-27-2006, eff. 7-20-2006)


F. Medical Facilities:

1. 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. (Ord. 21, 1-3-1985)

2. Where the proposed festival is located close to adequate existing facilities, the applicant shall provide, as required by the Southern Nevada health district, emergency treatment facilities on the premises of the festival.

3. The location of such facilities, number of doctors, psychiatrists, psychologists, nurses and other aides needed to staff said facilities and the quantity of medical supplies, drugs, ambulances and other equipment that must be on the site shall be approved by the Southern Nevada health district prior to the issuance of any license under this chapter.

4. The Southern Nevada health district 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 and off site treatment facilities. (Ord. 21, 1-3-1985; amd. Ord. 345, 6-27-2006, eff. 7-20-2006)


G. Parking Areas:

1. Every licensee shall provide adequate parking space for persons attending the festival by motor vehicle.

2. 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 feet (12') wide and twenty feet (20') long. The city manager must approve an applicant's parking plan before a license shall be issued.


H. Access And Parking Control:

1. Every licensee shall provide adequate ingress and egress to festival premises and parking areas therefor. Necessary roads, driveways and entranceways shall exit to ensure orderly flow of traffic into the premises from a highway or road which is a county road or highway or which is a highway maintained by the state. A special accessway for fire equipment, ambulances and other emergency vehicles may be required. The city manager must approve the licensee's plan for ingress and egress before a license shall be issued.

2. Additionally, any applicant may be required to show that traffic guards are under his employ to ensure orderly traffic movement and relieve traffic congestion in the vicinity of the festival area.


I. Hours Of Operation: All festivals which are subject to license under this article shall close and cease operation continuously between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. of each and every day.


J. 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 ensure that those areas which are occupied are lighted at all times. The city manager must approve an applicant's lighting plan as a prerequisite to issuance of a license hereunder. A licensee may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity:


Illumination  
Watts Per
Square Foot  
 
Open areas reserved for spectators   0.50  
Stage areas   5.00  
Parking and overnight areas   0.25  
Restroom and concession areas   1.00  


(Ord. 21, 1-3-1985)


K. 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 approved by the Southern Nevada health district and city manager prior to the issuance of any license. (Ord. 21, 1-3-1985; amd. Ord. 345, 6-27-2006, eff. 7-20-2006)


L. Communication: Licensee shall be required to establish a communication system for public use where ordinary communication is not available.


M. 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. (Ord. 21, 1-3-1985)

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The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-8: GROUNDS FOR DENIAL OF LICENSE; NOTICE OF DENIAL:linklink


A. Grounds For Denial: After holding the required public hearing, the city council may deny issuance of license if it finds any of the following:

1. The applicant fails to meet the conditions imposed pursuant to this article.

2. The proposed festival will be conducted in a manner and/or location not meeting the health, zoning, fire or building and safety standards established by the ordinances of the city or the laws of the state.

3. The applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license, or in any other document required pursuant to this article.

4. The applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager, has previously conducted the type of festival being applied for which resulted in the creation of a public or private nuisance.

5. The applicant, his employee, agent or any person associated with applicant as partner, director, officer, stockholder, associate or manager has been convicted in a court of competent jurisdiction, by final judgment of:

a. An offense involving the presentation, exhibition or performance of an obscene production, motion picture or place, or of selling obscene matter; or

b. An offense involving lewd conduct; or

c. An offense involving the use of force and violence upon the person of another; or

d. An offense involving misconduct with children; or

e. A felony offense.


B. Notice Of Denial: Where the application is denied, the city manager shall mail to the applicant written notice of denial within fourteen (14) days of the action, which notice shall include a statement of the reasons the application was denied. (Ord. 21, 1-3-1985)

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The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-9: EXEMPTIONS TO CHAPTER:linklink

Nothing contained in this article shall apply to outdoor concerts, dances, recitals, musicals or similar event, with respect to which all of the following provisions are met:


A. All tickets, passes or admissions are sold, furnished or distributed solely within the city.


B. No notices, advertisements, solicitations or announcements of any type are circulated or distributed outside the city.


C. No more than one thousand (1,000) tickets, passes or admissions to the event are permitted.


D. The event is held on a single calendar day within the city and shall not take place between the hours of twelve o'clock (12:00) P.M. and six o'clock (6:00) A.M.


E. If the event is commercially motivated or if any type of admission whatsoever is collected, the person operating, maintaining, promoting or conducting the event shall be required to:

1. Obtain a temporary business license from the city manager.

2. File with the city manager a surety bond running to the city in an amount equal to the expected gross receipts from ticket sales. The surety bond shall guarantee the performance for the licensee to any citizen who has paid money for admittance to the event. (Ord. 21, 1-3-1985)

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The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-10: COMPLAINTS:linklink

Any person may file a complaint with the city manager or may petition the city council to conduct a hearing concerning the revocation of the license of any licensee. The city manager shall notice the petition for hearing in accordance with the provisions of this article. (Ord. 21, 1-3-1985)
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The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-11: PROHIBITED ACTS:linklink

It is unlawful for any licensee, employee, agent or person associated with said licensee, to do any of the following:


A. Conduct or operate a festival without first procuring a license to do so.


B. Sell tickets to a festival without a license first having 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, entertainment or exhibit no matter by what name designated.


E. Allow any person on the premises of the licensed festival to cause or create a disturbance in, around or near any place of festival, by offensive or disorderly conduct.


F. Knowingly allow any person to consume, sell or be in possession of intoxicating liquor while in a place of a festival except where such consumption is expressly authorized under the terms of this chapter and under the laws of the city.


G. Knowingly allow any person at the licensed festival to use, sell or be in possession of any narcotic or dangerous drug while in, around or near a place of the festival. (Ord. 21, 1-3-1985)

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The section below has been affected by a recently passed ordinance, 477 - MISC BUSINESS AMENDMENTS. Go to new ordinance.

2-8A-12: REVOCATION OF LICENSE:linklink


A. Grounds For Revocation: The city council shall have the power to revoke any license, or to revoke and reinstate any license upon suitable conditions, when the following causes exist:

1. The license fails, neglects or refuses to pay to the city manager the fee prescribed by this article.

2. The licensee, his employee, his employee or agent, fails, neglects or refuses to fulfill any or all of the conditions imposed pursuant to this article.

3. The licensee allows the festival to be conducted in a manner which violates any law or regulation established by the ordinances of the city or the laws of the state.

4. The licensee allows the festival to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the festival while under the influence of intoxicating liquor, or any narcotic or dangerous drug.

5. The licensee, his employee or agent, is convicted of any of the offenses enumerated under this article.


B. Notice Of Intent To Revoke; Hearing: Notice of intent to revoke any license shall be given and the licensee shall be entitled to a hearing. The city manager shall give notice, setting forth the causes for revocation and shall state the time and place at which the matter of revocation will be heard before the city council. The notice shall be mailed not later than ten (10) days prior to the date set for hearing. The city council shall hear all interested parties and may revoke a license for one or more causes enumerated by this article. (Ord. 21, 1-3-1985)

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