§ 10-28. Special entertainment permit

(a)

Special entertainment permit required. No person, firm, partnership, or corporation shall sell tickets to, stage, promote, conduct, or manage, in the unincorporated areas of the county a musical or entertainment festival unless he or she shall first secure from the board of county commissioners a special entertainment permit for such event. A musical or entertainment festival held at a publicly owned park or a venue that is publicly owned does not require a special entertainment permit. A musical or entertainment festival that prohibits patrons from camping overnight or remaining on the festival grounds between the hours of 2:00 a.m. and 6:00 a.m. does not require a special entertainment permit. A musical or entertainment festival where attendance is not expected to exceed 500 persons does not require a special entertainment permit.

(b)

Application; time for submission; determination of completeness. At least 60 days prior to the proposed start date of the festival, a written application, in the form provided by the county administrator, or his designee, shall be filed with the county administrator, or his designee, together with the information required by section 10-29. Upon filing of an application, staff shall have ten business days to determine whether it is complete. If staff finds that the application is not complete, they shall provide the applicant with written notice of the deficiencies within the ten-day period. Upon resubmission of the application, staff shall have five (5) additional business days to determine whether the applicant's revisions are sufficient to complete the application. If they are not, staff will again inform the applicant of any remaining deficiencies in writing. This process shall continue until the applicant has submitted a complete application, or demands in writing that the application be reviewed "as is."

(c)

Application fee. A fee of $500.00, in accordance with the development services branch resolution, shall be filed with each application, to offset the administrative costs of processing the application. The fee is nonrefundable, and will not be returned if an application is withdrawn or a permit is denied by the board.

(d)

Issuance or denial of permit. Upon determination by staff of a completed application, or an application that the applicant has demanded in writing be reviewed "as is," the board shall, within 30 days of the determination or demand, issue a special entertainment permit for the event at the time and location named in the application, except that the board shall deny the permit if:

(1)

The applicant:

a.

Has been convicted within the last three years preceding the date of the application of a violation of this article;

b.

Has been convicted within the last three years preceding the date of the application of a violation of an ordinance or law regulating events and similar activities;

c.

Is a successor entity to, or shares an officer, partner, or principal with, a person, firm, or corporation that:

1.

Has been convicted within the last three years preceding the date of the application of a violation of this article; or

2.

Has been convicted within the last three years preceding the date of the application of a violation of an ordinance or law regulating events and similar activities; or

d.

Is a person under 18 years of age.

(2)

The board determines the application is incomplete, unexecuted, or lacks required attachments or information;

(3)

Without regard to the content or message to be conveyed at the event, the use or activity for which a permit is sought would present an unreasonable danger to the health or safety of event attendees or the general public;

(4)

Granting the permit sought would conflict with an application for the same general time and geographical location which has been or will be granted to a prior applicant authorizing uses which do not reasonably permit multiple occupancy of the area;

(5)

The required application fee has not been paid; or

(6)

The board determines that the applicant has made a false representation in the application.

The board shall state the reason for denial of a permit on the record during a public meeting or in writing. Prior to denial of a permit application, the applicant shall have the opportunity to speak in a public meeting. Denials of permits may be reviewed as a matter of right by the circuit court for the county upon the filing of an appropriate pleading by the applicant, as provided by law.

(Ord. No. 04-28, § 3, 7-13-04; Ord. No. 14-23, § 3, 9-9-14)