[Amended 3-10-2015 by Ord. No. 15-08]
[Code 1991, § 13-241]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- OUTDOOR CONCERT
- Any commercial gathering of more than 2,000 persons in any one place at the same time for the purpose of listening to or participating in entertainment which consists primarily of, but is not limited to, musical renditions conducted in open spaces not within a permanent enclosed structure. An outdoor concert shall be deemed to be commercial if a fee or charge is imposed, a donation is requested or any items are offered for sale to persons attending such outdoor concert.
[Code 1991, § 13-242]
This article is enacted pursuant to Code of Virginia, § 15.2-1102. The purpose of this article is to protect the public health, safety and welfare of the citizens of the City by providing reasonable regulations for the holding of outdoor concerts within the City.
[Code 1991, § 13-243]
Nothing contained in this article shall relieve either the applicant for an outdoor concert permit, the property owner, the promoters or any, other persons engaged in an outdoor concert from the requirements of other ordinances of the City, including but not limited to provisions relating to licenses, amusements and building requirements for temporary structures.
[Code 1991, § 13-244]
Any person who violates any provision of this article, including the making of a false affidavit or breach of the representation made or of any matter in such affidavit, or the failure to follow plans approved as a condition to issuance of a permit, each of which false affidavit, breach or failure shall constitute a separate violation, shall be guilty of a Class 1 misdemeanor. Each day of violation of any provision of this article shall constitute a separate offense.
The City Council may institute a suit in the circuit court of the City, or in any other court of competent jurisdiction, to restrain, enjoin or otherwise prevent a violation of this article.
[Code 1991, § 13-245]
As a condition to issuance of an outdoor concert permit, the applicant shall deposit with the City Treasurer a sum of money or, in lieu thereof, a letter of credit in the amount determined by the City Manager, which shall be conditioned upon faithful compliance with each requirement of this article. Such bond shall be in a form approved by the City Attorney and shall be an amount sufficient to ensure against failure of the applicant to meet each requirement of his permit. If the City provides or causes to be provided any facility or service required as a condition to the issuance of a permit required under this article, so much of the bond shall be forfeited to the City to reimburse it for its costs incurred as the result of providing such facility or services which the applicant failed to provide.
[Code 1991, § 13-246]
Music or entertainment at an outdoor concert shall not be rendered for more than eight hours during any calendar day. All performances shall end no later than 10:00 p.m., and none shall begin prior to 12:30 p.m. on any Sunday.
[Code 1991, § 13-266]
It shall be unlawful to stage, promote, or conduct an outdoor concert within the City except in conformance with a permit for each such outdoor concert, issued by the City Manager.
Application for an outdoor concert permit shall be made in writing and shall be filed with the City Manager at least 90 days prior to the date of such event. Each application shall include the plans, statements and other documents required by this article.
The City Manager shall act on the application within 45 days of the filing of the application and shall not issue an outdoor concert permit unless the requirements of this division are met. The City Manager shall deliver the permit to the applicant at the address indicated in the application. Failure of the City Manager to take action on an application within 45 days after the filing thereof shall be deemed an approval of such application.
The application shall demonstrate adequate plans for public safety based upon the maximum capacity of the event venue, unless the City Manager determines that a particular event will not fill the venue.
The City Manager may issue a general permit for a series of outdoor concerts by the same promoter at the same venue for a period of one year or one season, as defined in the permit. The general permit shall establish adequate plans for public safety at the venue, including a matrix of required resources based upon event attendance. The general permit grants conditional authority, subject to supplemental event-specific applications and permits. The event-specific application shall be submitted at least 45 days in advance of the event, and shall demonstrate adequate provisions for public safety for the specific event. The City Manager shall act on a supplement event-specific application within 20 days of filing.
An outdoor concert venue with a capacity of 2,500 or more shall be equipped with digital turnstiles at every entrance, which shall be used to determine the actual attendance at permitted events. The event sponsor shall provide real-time access to digital turnstile data to the Chief of Police or his designee. The City Manager may waive or modify this requirement if, in his discretion, the applicant provides an alternate reliable method of tracking actual event attendance.
[Code 1991, § 13-267]
Each application for an outdoor concert permit shall include the following plans, affidavits and other documents:
An affidavit signed by the applicant designating the name and address of the applicant for the outdoor concert and a statement of the nature and interest of the applicant in the outdoor concert; the name and address of each promoter of the outdoor concert, each financial sponsor of the outdoor concert, and every person or group who will perform at such outdoor concert; the dates and location of the outdoor concert and the time period during which the outdoor concert will be held; and the location of the property upon which the outdoor concert will be held, and the name and address of the owner of the property on which the outdoor concert is to be held, and the nature and interest of the applicant therein; and certifying that all the information provided to taxing authorities has been and currently is accurate and that all local taxes have and will be paid promptly upon assessment and demand; and that if music shall be played, either by mechanical device or by live performance, it shall be played in such a manner that the sound emanating therefrom shall not be audible beyond the property upon which the outdoor concert will be located so as to constitute a nuisance to adjacent property owners;
A copy of the ticket or badge of admission to the outdoor concert, together with an affidavit 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 attend the outdoor concert;
A general plan for the venue showing the parking areas, the location of fences or other crowd control devices, the location of the stage, the location of the spectator area, the location of medical facilities, the location of refreshment facilities, and the location and type of toilet facilities, and such other venue or related features as the City Manager may require;
A plan for adequate sanitation facilities and a plan for disposal of garbage, trash and sewage generated by the persons who will attend the outdoor concert. Such plan shall include provisions for removal from the outdoor concert area of garbage and trash at the end of the outdoor concert and shall include the names of the persons responsible therefor. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the City Health Officer;
A plan for providing food, water, and, where applicable, lodging for persons who will attend the outdoor concert. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the City Health Officer;
A plan designating the provisions for medical facilities which shall be available for persons who will attend the outdoor concert. The Fire Chief may require the applicant to demonstrate that contracts with ambulance services are in place for each outdoor concert. The Fire Chief shall review such plan and submit his recommendations regarding the adequacy thereof to the City Manager;
A plan designating the provisions for fire protection which shall be available for persons who will attend the outdoor concert. This plan shall meet the requirements of all state and local statutes, ordinances and regulations, and shall be approved by the City Fire Marshal;
A plan designating the provisions for adequate parking facilities (including parking accommodations for disabled patrons), crowd control and traffic control in and adjacent to the outdoor concert area, which shall include maps and supporting documentation. The Chief of Police shall review such plan and submit his recommendations regarding the adequacy thereof to the City Manager,
A statement specifying whether any outdoor lights or lighting will be utilized and, if such lights will be utilized, a plan which designates the location of such lights and further designates the location and type of devices or other equipment intended to shield the lights and to minimize glow beyond the property upon which the outdoor concert will be located;
A plan, including detailed drawings of all structures, including, but not limited to, stages, lighting stands, speaker stands, bleachers, etc., which shall comply with the requirements of all state and local statutes, ordinances and regulations and shall be approved by the City Building Official;
A plan for the distribution and sale of tickets, which shall include, but not be limited to, the name, address, and phone number of each commercial location at which or through which 20 or more tickets will be available for sale, copies of all directions to the outdoor concert, rules for those attending the outdoor concert, and other information regarding the event that will be provided to those purchasing tickets and to the general public;
A plan approved by the Chief of Police for adequate security to protect against personal injury of the persons attending the outdoor concert and to further protect against property damage of any private and public property. The Chief of Police may require the outdoor concert organizer to hire private security personnel registered with the Virginia Department of Criminal Justice Services for each outdoor concert. In addition, each applicant shall provide evidence satisfactory to the City Attorney that the applicant has secured liability and casualty insurance in amounts required by the City Attorney covering losses sustained by the City or any person as a result of death or injury to any person or damage to any property incurred as the result of negligent acts or omissions of persons attending, performing, working at, or travelling to and from such outdoor concert. Certificates of insurance shall be delivered to the City Manager with the permit application;
A statement signed by the applicant and property owner which authorizes the City Council, its lawful agents or law enforcement officers to enter upon the property upon which the outdoor concert will be held at any time prior to or during the outdoor concert for the purpose of determining compliance with the provisions of this article or any state and local statutes, ordinances and regulations; and
A check in the amount of the application fee required pursuant to this article.
[Code 1991, § 13-268]
The City Manager may refuse to issue an outdoor concert permit or may require an applicant to modify or amend plans submitted with the application if he determines that such plans are inadequate to protect the public health, safety and welfare. The City Manager may deny a permit to an applicant whose permit has been revoked or suspended within the previous 12 months. Each denial of a permit and the reasons therefor shall be in writing and mailed by the City Manager to the applicant at the address indicated in the application.
[Code 1991, § 13-269]
An entertainment application fee of $200 shall be paid to the City when an application for an entertainment permit is filed with the City Manager.
[Code 1991, § 13-270]
The application for an entertainment permit shall be accompanied by a notarized statement signed by the applicant which shall certify that the City shall have the complete cooperation and full authority from the applicant to obtain any information reasonably necessary for the evaluation of the application and planning for the festival, which shall include but not be limited to information regarding ticket sales.
The applicant shall file a minimum of five progress reports with the City Manager. The first progress report shall be due 14 days after the initial filing of the application and the second progress report shall be due 28 days after the filing of the initial application. The third progress report shall be filed 34 days after the filing of the initial application, with the fourth report due 45 days after the filing of the initial application and the fifth report due 55 days after the filing of the initial application. Such progress reports shall be in writing and shall clearly, specifically, and fully apprise the City Manager of any changes made in any of the information previously provided to the City Manager and shall specifically include, but not be limited to, a report of projected as well as actual ticket sales and all other information which will assist the City Manager in better evaluating the application and planning for the festival.
The permit holder shall file a written report of actual attendance with the City Manager within 14 days of the day of each outdoor concert.
[Code 1991, § 13-271]
The City Manager shall have the right to revoke or suspend any permit issued pursuant to this article for:
Failure to comply with any of its requirements;
Any material misrepresentation, intentional or otherwise, made in connection with the application;
When weather conditions render the subject activity unsafe; and
When otherwise required in the interest of public health, safety and welfare or environmental considerations.