[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:
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]
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
A.
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;
B.
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;
C.
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;
D.
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;
E.
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;
F.
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;
G.
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;
H.
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,
I.
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;
J.
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;
K.
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;
L.
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;
M.
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
N.
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]
A.
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.
B.
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.
C.
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:
A.
Failure to comply with any of its requirements;
B.
Any material misrepresentation, intentional or otherwise, made in
connection with the application;
C.
When weather conditions render the subject activity unsafe; and
D.
When otherwise required in the interest of public health, safety
and welfare or environmental considerations.
