§ 6-64. Conditions precedent to granting of permits; plans, statements, approvals, etc., to accompany application.

No permit shall be issued under this article unless the following conditions are met and the following plans, statements, and approvals are submitted to the zoning administrator, or his/her designee, with the application for permit:

(1)

Admission by ticket only; number of attendees. The application provided for by this article shall have attached to it a copy of the ticket or badge of admission to such gathering, containing the date and time of the gathering, together with a statement by the applicant of the total number of tickets to be offered for sale. The applicant shall not admit and shall prevent the entrance to the premises on which the cultural event or program is held of any person who does not possess a ticket, except a peace officer or other public official in performance of his duties. The permittee shall not sell, give, or distribute a greater number of tickets than the number which the permit allows to attend. The permittee shall not admit any person to such an event if the admission would result in a greater number of persons present that allowed by the permit.

a.

If the cultural event is being held within a structure, the Virginia Uniform Statewide Building Code shall determine the capacity of the structure, which shall be the total of all attendees at such an event.

b.

If the cultural event is being held outside such a structure, the required number of parking spaces, as specified in chapter 98, zoning, shall govern the total number of people permitted to attend the event.

1.

The permit application shall show the area designated for parking, from which the zoning administrator, or his/her designee, shall make an interpretation as to the number of vehicles that can be safely parked within this area.

2.

For the purpose of this permit, the number of people per automobile shall be four persons.

3.

The maximum number of attendees to such an event shall be the number of parking spaces available multiplied by four.

(2)

Ownership of property. Each application shall contain a statement of the location of the proposed cultural event, the name and address of the owner of the property on which the cultural event is to be held, and the nature and interest of the applicant therein.

(3)

Hours of operation. No stage presentation, entertainment, or music shall take place at a cultural event between the hours of 11:00 p.m. and 10:00 a.m. No activity involving the use of any means of sound amplification shall be permitted between the hours of 11:00 p.m. and 10:00 a.m.

(4)

Water supply. The applicant shall provide an ample supply of potable water for drinking and sanitation purposes on the premises of the cultural event. The location and type of water facilities on the premises shall be approved by the health department prior to the issuance of a permit under this article.

(5)

Toilet and/or lavatory facilities. The applicant shall provide a statement and plan concerning adequate toilet and/or lavatory facilities. A description of the type (flush type or portable chemical) and number of toilets available shall be provided. This plan shall be approved by the health department.

(6)

Waste management. The pickup and removal of refuse, trash, garbage, and rubbish from the site of a cultural event shall be at least once a day and more often if required by the health department. Removal of all trash and refuse shall be at the permittee's expense. The applicant shall clean up the premises and remove all trash and debris within 48 hours after the conclusion of the gathering. Unless the event shall be at a facility holding an annual permit, a security bond acceptable to the county attorney or certified check in a total amount of $5,000.00 shall be required if attendance is expected to exceed 1,000 persons. An additional amount of $500.00 shall be required for each additional 500 persons over 1,000.

(7)

Medical facilities. Adequate medical facilities shall be provided as required by the health department and the director of public safety.

(8)

Fire protection. The applicant shall provide a plan for adequate fire protection as approved by the county director of public safety. It shall be provided at the applicant's own expense.

(9)

Traffic and parking control. The applicant shall provide adequate ingress and egress to the cultural event premises. Adequate parking shall also be provided. The county sheriff and the director of public safety shall provide comments to the zoning administrator relative to the parking layout. The county sheriff and the director of public safety shall approve the traffic management plan.

(10)

Security. At least one off-duty county sheriff's deputy or police officer must be present for every 250 people in attendance during all performances. The applicant shall bear the costs thereof.

(11)

Food. A plan for the adequate provision and handling of food shall be provided and shall be approved by the state department of health. An application for a temporary restaurant permit shall be submitted to the county health department at least ten business days prior to the event.

(12)

Illumination. A statement shall be provided specifying whether any outdoor lights or lighting will 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 gathering is located shall be provided. For the purposes of this permit, unreasonable glow shall be deemed to be no more than 0.5 footcandle at the property line.

(13)

Noise. Noise levels resulting from the gathering shall not be unreasonably audible beyond the property on which the gathering is held. The applicant shall submit a written statement specifying the expected noise level at the perimeter of the property.

(14)

Communication system. If the premises are without a phone, the applicant shall make arrangements, approved by the sheriff and director of public safety, for other means of communication. The applicant shall provide an outdoor, tone-activated weather radio on the site during the duration of the outdoor event or program.

(15)

Promoters, financial security. The applicant shall provide the names and addresses of all persons acting as promoters, proprietors, presenters, or financial backers of the cultural event, together with financial statements of such persons, sufficient to give assurance of the ability of such persons to meet the conditions of the permit and respond in damages which may rise out of the cultural event, or shall provide evidence of adequate liability insurance as approved by the county attorney.

(16)

Dates and hours of gathering. The applicant shall provide the date and hours during which the cultural event is to be conducted, together with an estimate or schedule of the dates and hours of performances, entertainments, or other events.

(17)

Type and nature of gathering. The applicant shall provide a description of the type and nature of the performances, entertainment, or floor shows, together with the names of the expected performers.

(18)

Site plan. The applicant shall furnish to the zoning administrator, or his/her designee, a site sketch that shows the following information:

a.

The areas for performances or activities and grandstand capacity and/or the number of seats, showing the location of all aisles for pedestrian travel and other crowd-control measures.

b.

All physical facilities existing or to be constructed on the premises, including, but not limited to, fences, ticket booths, grandstands, and stages.

c.

The location, capacity, and nature of all temporary lighting, sound and public address facilities.

d.

The location, capacity, and nature of all temporary water, toilet, and all other public health-related facilities.

e.

Vehicle ingress, egress, and parking plan.

(Ord. No. O-12-00, § 11-7, 2-12-2001; Ord. No. O-7-02R, 4-8-2002; Ord. No. O-25-02, § A, 10-8-2002; Ord. No. O-02-18, 3-13-2018)

(Ord. No. O-12-00, § 11-7, 2-12-2001; Ord. No. O-7-02R, 4-8-2002; Ord. No. O-25-02, § A, 10-8-2002; Ord. No. O-02-18, 3-13-2018)