§ 10-62. Permit application requirements; prerequisites to issuance; fees.

(a)

An outdoor entertainment event permit as required by this article shall not be issued unless a complete application, accompanied by proof of compliance with the following requirements is submitted to the county no later than 60 days prior to the commencement of the outdoor entertainment event:

(1)

A state approved plan approved by the Volusia County Health Department which provides for adequate sanitation facilities and sewage disposal. Said plan must provide an adequate number of solid waste containers placed in appropriate locations on the site. These containers shall be emptied and cleaned on an as-needed basis. The outdoor entertainment event site shall be cleared of all litter and other refuse on a daily basis. The applicant shall submit to the county, at least 30 days prior to the outdoor entertainment event a signed, written contract providing for adequate sanitation and sewage disposal facilities.

(2)

A provision providing for vehicular parking. Patron parking may be located on-site or off-site. Off-site parking must include a plan for the transportation of the patrons from said parking facilities to the outdoor entertainment event site.

(3)

A provision for emergency medical services.

(4)

A provision for adequate security, traffic control and parking in and around the outdoor entertainment event area. Said security and traffic control plan shall include, but is not limited to, providing off-duty law enforcement officers during the outdoor entertainment event. The number of said officers to be retained shall be determined by the sheriff's office. The applicant shall submit to the county and the sheriff's office, at least 30 days prior to commencement of the outdoor entertainment event, a signed, written contract for this service. The contract shall include the name, telephone number and address of the person in charge of security.

(5)

Adequate artificial lighting of the premises is required if the outdoor entertainment event is to occur or continue during darkness. Artificial lighting shall be in compliance with the following:

a.

Light fixtures shall be designed, positioned, shielded, or otherwise modified such that the source of light and any reflective surfaces of the fixture shall not be directly visible by a person who is in a standing position outside the property boundaries of the source.

b.

No artificial lighting shall directly or indirectly illuminate any public or private road.

c.

Search lights, laser source lights, strobe or flashing lights, or any similar high-intensity portable and or temporary light shall not be permitted, except for those utilized by law enforcement, emergency services personnel, public utilities and road construction/maintenance crews.

(6)

A provision for fire protection and emergency services.

(7)

Copies of a site plan, drawn to a scale no less than one inch equals 100 feet, showing the location and layout of all buildings and structures, parking facilities, sanitation facilities, medical facilities, security gates, ingress and egress points, and lighting poles. The number of copies to be submitted will be determined by the county staff.

(8)

Full disclosure regarding the financial backing of the outdoor entertainment event and the names of all persons or groups who will perform at said outdoor entertainment event.

(9)

Disclosure of the dates and hours of operation of the outdoor entertainment event is required. Acceptable hours of operation of any outdoor entertainment event are between 8:00 a.m. and 2:00 a.m., daily.

(10)

The name, age, residence, telephone number and mailing address of the person making said application. Partnership, joint venture and corporate information must be submitted, if applicable.

(11)

A statement of the kind, character, type and elements of the outdoor entertainment event.

(12)

The address and legal description of the outdoor entertainment event site. Additionally, the applicant must provide evidence of property ownership for the outdoor entertainment event site, accompanied by a notarized consent from said property owner allowing use of the site for the proposed outdoor entertainment event.

(13)

An estimate of the number of customers, spectators, participants and other persons expected to attend the outdoor entertainment event on a daily basis.

(14)

Identification of how adjacent properties would be protected from the impacts of the outdoor entertainment event (including, but not limited to, the impacts of noise, lighting, traffic and other related impacts). In the event that the applicant proposes to utilize outdoor amplified sound equipment within 1,000 feet of the footprint of a dwelling which is not located on the site or parcel subject to the permit, the applicant shall comply with section 10-70.

(15)

Written authorization for unlimited and unconditional 24-hour access without notice or entry fee to the outdoor entertainment event site for inspection purposes by the following agencies: Volusia County Sheriff's Office, State Health Department, Volusia County Financial and Administrative Services Department, Volusia County Fire Services Division, and Volusia County Growth and Resource Management Department.

(16)

Demonstration, by all food and beverage concession operations, of compliance with the Department of Business and Professional Regulation permit conditions prior to operating on the outdoor entertainment event site.

(17)

Demonstration that all outdoor entertainment event vendors possess a Volusia County local business tax receipt. Vendors shall not sell any item prohibited by local, state or federal law.

(18)

The applicant shall comply with the above-described conditions and meet any other reasonable conditions set by county staff or county council discretion.

(19)

No permit shall be issued to any person, firm, corporation, organization or other applicant if the owner of the site or parcel on which the event will take place or a previous owner of a site or parcel subject to an single event or annual outdoor entertainment permit has:

a.

Been found in noncompliance with this article or chapter 26, article III of the code by the code enforcement board within 12 months prior to the date of application under this article; or

b.

Had a previous permit or license revoked under this article or chapter 26, article III of the code within 12 months, or in the event of a subsequent revocation within 24 months, prior to the date of application under this article.

(20)

No permit shall be issued to any person, firm, corporation, organization or other applicant if the owner of the site or parcel on which the event will take place has outstanding financial obligations to the county including, but not limited to, the sheriff's office, traffic engineering, health department and fire services, for services rendered which are directly related to activities derived from a prior permit issued under this article.

(21)

Compliance with all provisions of the code.

(b)

Fees: All permit applications shall be accompanied by a fee to be established by resolution of the county council. All fees are non refundable and non transferable and payment shall be made in cash, certified check, cashier's check or money order or business or personal check. Any check which is returned for insufficient funds shall be considered a violation of this article. Any not-for-profit organizations exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, are required to pay the application fee.

(Ord. No. 94-3, § VI, 3-24-94; Ord. No. 02-12, § X, 8-15-02; Ord. No. 2007-06, § IV, 6-7-07)