[HISTORY: Adopted by the Board of Supervisors of Carroll County 12-21-1976 (Ch. 74 of the 1990 Code). Amendments noted where applicable.]
This chapter is enacted according and pursuant to § 15.2-1200, Code of Virginia, for the purpose of providing necessary regulation for the conducting of musical or entertainment festivals conducted in open spaces, not within an enclosed structure, and of any gathering or group of individuals for the purpose of listening to or participating in entertainment which consists primarily of musical rendition conducted in open spaces, not within an enclosed structure, in the interests of the inhabitants of Carroll County.
When used in this chapter, the following words shall have the meanings indicated:
- The Board of Supervisors of Carroll County, Virginia.
- MUSICAL OR ENTERTAINMENT FESTIVALS
- Any gathering of individuals for the purpose of listening to or participating in entertainment which consists primarily of musical entertainment conducted or listened to in open spaces, not within an enclosed structure.
No person, firm, corporation or partnership shall stage, promote or conduct any musical or entertainment festival in Carroll County unless he shall first have obtained from the Board a special entertainment permit for said festival.
Application for such special entertainment permits shall be in writing on forms provided for the purpose by the County Administrator and shall be filed in duplicate with the County Administrator at least 30 days before the date of such festival and at least 21 days prior to a regular meeting of said Board. The applications shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by this chapter. A copy of the application shall be sent by the County Administrator to each member of the Board of Supervisors.
It shall be the duty of the County Administrator to inquire into the application for permit and, after diligent study of the nature of the application, to so advise the applicant if the application falls within the exempt status of this chapter under § 115-9. Whenever the County Administrator determines that the application is not exempt from the requirements of this chapter, the applicant shall have the right of appeal to the Board of Supervisors at its next regularly scheduled meeting.
If the Board denies the permit for any reason, the refusal shall be in writing and the reasons for such denial stated therein and mailed by the County Administrator to the applicant at the address indicated.
Such permit shall not be issued unless the following conditions are met and the plans, statements and approval submitted to the Board with the application:
Said application for special entertainment shall have attached to it a copy of the ticket or badge of admission to said festival containing the date or dates and time or times of said festival, together with the statement by the applicant of the total number of tickets to be offered for sale and the best reasonable estimate by the applicant of the number of persons expected to be in attendance.
A statement of the names and addresses of the promoters of the festival, financial backing of the festival and the names of all persons or groups who will perform at said festival.
A statement of the location of the proposed festival, the name and address of the owner of the property on which said festival is to be held and the nature and interest of the applicant therein.
A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at said festival. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the County Health Officer.
A plan for providing food, water and lodging of the persons of the festival. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the County Health Officer.
A plan for adequate medical facilities for persons of the festival. This plan shall be approved by the County Health Officer.
A plan for adequate parking facilities, crowd control and traffic control in and around the festival area. This plan shall be approved by the County Sheriff.
A plan for adequate fire protection. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the County's representative of the Virginia Division of Forestry.
A statement specifying whether any outdoor lights or lighting is to be utilized and, if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located. This plan shall comply with all electrical requirements in effect in the County.
A statement that no music shall be played either by mechanical devices or live performance in such a manner that the sound emanating therefrom shall be unreasonably audible beyond the property on which the festival is located.
Music shall not be rendered nor provided for more than eight hours in any calendar day. Specifically, no music shall be rendered between the hours of 12:00 midnight and 8:00 a.m.
No permit shall be issued under this chapter unless the applicant shall furnish to the Board of Supervisors written permission for the Board of Supervisors, its lawful agents or duly constituted law enforcement officers to go on the property at any time for the purpose of determining compliance with the provisions of this chapter.
The Board of Supervisors shall have the right to revoke any permit issued under this chapter upon noncompliance with any of its provisions and conditions.
A bond in the penalty of $10,000 is required in favor of the County of Carroll and shall be conditioned to the full and satisfactory execution and compliance with terms of the permit as issued.
An additional bond in the penalty of $25,000 is required, also payable to the County of Carroll, conditioned upon the removal and cleaning of the premises used so as to leave it in the same condition as it was found, and further conditioned upon the payment of all damages and legitimate nuisance claims arising from the conduct of said festival.
There is hereby imposed a fee for the issuance of a permit under this chapter, based upon the following scale:
The permit fee required by this section shall be tendered by certified check with the application required by § 115-3 and shall bear a reasonable relationship to the number of tickets to be offered for sale.
The permit fee shall be refunded, in whole or in part, if the music festival is entirely or partially canceled, as the case may be.
In the event that the attendance at the music festival is in excess of the number for which the permit was issued, the promoters shall, within 48 hours, pay the additional fees required by this chapter. Failure to so pay shall constitute grounds for forfeiture of the bond required in § 115-7A. If the attendance at the music festival is less than the number for which the permit was issued, the promoters shall be entitled to have refunded such excess paid. The promoter claiming a refund or the County claiming additional fees shall have the burden of proof as to the size of the gathering.
The Board of Supervisors finds that it is not necessary to regulate and require permits for all musical gatherings in the County, inasmuch as gatherings of a nominal size do not require the planning, the police protection or the sanitation and health facilities; therefore, there is hereby exempted entirely from the operation of this chapter a gathering of fewer than 500 persons.
For the same foregoing considerations, an anticipated gathering of more than 500 persons but less than 4,000 persons is exempted from all the provisions of this chapter other than the filing of a simple statement with the County Administrator, which statement shall contain the following information:
The location of the musical or entertainment festival.
The date(s) on which the same is to be held.
The name(s) of the promoters thereof.
A statement as to the number of tickets available for sale, of the advertising conducted, if any, by the promoters and a statement of the reasons as to why fewer than 4,000 persons are expected to attend.
A brief statement of what sanitation, parking and food facilities are available.
Any person, firm or corporation who violates any provision of this chapter shall be guilty of a Class 1 misdemeanor. Each violation shall constitute a separate offense, and each day such violation may continue shall constitute a separate offense. The Board may bring suit in the Circuit Court of the County of Carroll to restrain, to enjoin or to otherwise prevent violation of this chapter.
The provisions of this chapter shall be liberally construed in order to effectively carry out the purpose of this chapter in the interest of the public health, welfare and safety of the citizens and residents of Carroll County, Virginia.