[HISTORY: Adopted by the Board of Supervisors of Buchanan County: Art. I, at time of adoption of Code 4-7-1997 (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
[In regard to statutory references, unless the county specifically amends the statutory provisions to the contrary or repeals the statutory provisions, future amendments to said statute shall take effect as provided by law.]
Article I Festivals or Outdoor Entertainment
As used in this article, the following terms shall have the meanings indicated:
- MUSICAL OR ENTERTAINMENT FESTIVAL
- Any gathering of 50 or more people, publicly advertised by newspaper or radio or television or handbills, for the purpose of listening to or participating in entertainment which consists primarily of musical entertainment conducted for compensation in open spaces.
- OUTDOOR ENTERTAINMENT
- Any gathering of the general public which is publicly advertised by newspaper or radio or television or handbills or signs for which an admission fee is charged.
All outdoor entertainment shall be subject to a permit requirement. This permit shall be issued by the Board of Supervisors, subject to the rules and regulations and duration established by the Board for each individual permit. A fee of $25 will be charged for issuance of this permit. The fee provided for herein may be waived for established churches, chartered civic organizations, schools or school organizations. Violations of the terms of the permit or a failure to obtain a permit hereunder shall be deemed a Class 1 misdemeanor.
No person shall stage, promote or conduct any musical or entertainment festival or outdoor entertainment in the county unless there shall have been first obtained from the Board of Supervisors a special entertainment permit for such festival or outdoor entertainment.
Application for such special entertainment permit shall be in writing, on forms provided for the purpose and shall be filed in duplicate with the County Administrator at least 30 days before the date of such festival or outdoor entertainment and at least 21 days prior to a regular meeting of such Board. The applications shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by this article. A copy of the applications shall be sent by the County Administrator to each member of the Board of Supervisors.
It shall be the duty of the County Administrator, who is hereby designated as the agent of the Board for the purposes provided herein, to inquire into the application for permit and, after diligent study of the nature of the application, so advise the applicant if the application falls within the exempt status provided for under § 21-13. Whenever the County Administrator determines that the application is not exempt from the requirements of this article, the applicant shall have the right of appeal to the Board of Supervisors at its next regularly scheduled meeting.
The permit required by § 21-3 shall not be issued unless the following conditions are met and the plans, statements and approvals are submitted to the Board with the application.
Tickets. Such application for special entertainment shall have attached to it a copy of the ticket or badge of admission to such festival or outdoor entertainment, containing the date or dates and time or times of such festival or outdoor entertainment, together with a 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.
Promoters and backers; performers. A statement of the names and addresses of the promoters of the festival or outdoor entertainment, the financial backing of the festival or outdoor entertainment and the names of all persons or groups who have been invited to perform at such festival or outdoor entertainment shall be included.
Location. A statement of the location of the proposed festival or outdoor entertainment, the name and address of the owner of the property on which such festival or outdoor entertainment is to be held and the nature and interest of the applicant therein shall be included.
Sanitation facilities; garbage, trash and sewer disposal. A plan for adequate sanitation facilities and garbage, trash and sewage disposal for persons at such festival or outdoor entertainment shall be included. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the County Health Officer.
Food, water and shelter. A plan for providing food, water and lodging for the persons at the festival or outdoor entertainment shall be included. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the County Health Officer. Food booths at County Fairs that are either promoted or sponsored by the County or the Town of Grundy or by any charitable nonprofit organization or group shall be exempt from the requirements of Title 35.1 of the Code of Virginia pursuant to Code of Virginia § 35.1-26, provided that the Health Officer of the County shall exercise supervision of food sales exempted herein pursuant to a plan approved by the County Administrator. The exemption as stated herein from Title 35.1 shall extend to concession stands at youth athletic activities if such concession stands are promoted or sponsored by either a youth athletic association or by any charitable nonprofit organization or group which has been recognized as being a part of the recreation program of the County by either resolution or ordinance adopted by the Board of Supervisors.
Medical facilities. A plan for adequate medical facilities for persons at the festival or outdoor entertainment shall be included. This plan shall be approved by the County Health Officer.
Parking, crowd and traffic control. A plan for adequate parking facilities, crowd control and traffic control in and around the festival or outdoor entertainment area, approved by the Sheriff, shall be included.
Fire protection. A plan for adequate fire protection shall be included. 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.
Lighting. A statement shall be included specifying whether any outdoor lights or lighting is to be utilized and, if so, a plan shall be included showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival or outdoor entertainment is located, and the same shall comply with the Uniform Statewide Building Code.
The Board of Supervisors shall have the right to revoke any permit issued under this article upon noncompliance with any of its provisions and conditions.
A fee in the amount of $25 per day for each day on which entertainment is to be presented shall be payable by the applicant to the county for the issuance of the permit. If, for any reason other than the revocation of the permit provided for herein, the entertainment is presented for fewer than the number of days stipulated, the applicant shall be entitled to a refund of the unearned portions of the moneys collected. Upon compliance with the terms of this article, the agent of the Board shall issue a permit to the applicant for the days designated in the application.
No music shall be rendered between the hours of 12:00 midnight and 8:00 a.m.
No music shall be played either by mechanical devices or live performance in such manner that the sound emanating therefrom shall be unreasonably audible beyond the property on which the festival or outdoor entertainment is located.
No person under 16 years of age shall be admitted to any festival or outdoor entertainment unless accompanied by a parent or guardian.
A bond in the amount of $5,000 shall be required and shall be conditioned to the removal and clearing of the premises so as to leave them in the same condition as they were found and further conditioned to the full and satisfactory execution and compliance with the terms of the permit when issued. Such bond shall be payable to Buchanan County, Virginia. This bond requirement may be waived for private property.
Any person who violates any provision of this article shall be guilty of a Class 1 misdemeanor. Each day such violation continues shall be construed to be a separate offense.
The Board may bring suit in the Circuit Court to restrain, to enjoin or otherwise to prevent violation of this article.
The provisions of this article shall be strictly construed in order to effectively carry out the purpose of this article in the interest of the public health, welfare and safety of the citizens and residents of the county.
The daily fees and bond provided for herein may be waived by the Board of Supervisors for established churches, chartered civic organizations or established schools, provided that all other provisions of this article shall be fully enforceable.