AN ORDINANCE FSPEALING LEE COUNTY ORDINANCES 71-4 AND 80-13; REPEALING LEE COUNTY CODE OF LAWS AND ORDINANCES SECTION #25-1 THROUGH #25-13; REGULAT- ING OUTDOOR ENTERTAINMENT EVENTS; DEFINING OUTDOOR ENTERTAINMENT EVENTS; ESTABLISHING LICENSE REQUIRE-

' MENTS AND APPLICATION PROCEDURES; REQUIRING PROOF OF INSURANCE AND PROOF OF A BOND; PROVIDING FOR THE FILING OF COMPLAINTS; PROVIDING FOR REVOCATION OF LICENSES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE

COUNTY, FLORIDA, AS FOLLOWS:

SECTION ONE REPEALER

The Lee County Ordinances numbered 71-4 and 80-13 and the

Lee County Code of Laws and Ordinances Section #25-1 through

#25-13 are hereby repealed and declared null and void and of

no effect.

SECTION TWO DEFINITION OF OUTDOOR CONCERT OR SPECIAL EVENT

An outdoor concert or special event is any musical, the-

atrical, or like event at which entertainment is provided in a

permanent structure not constructed for such purposes, a tem-

porary structure, or outdoors, to which persons are invited or

admitted. This definition does not include functions put on by

any County agency on County property. This Ordinance specifically

applies only to those events in which the anticipated attendance

is expected to exceed 1,000 persons per day. This Ordinance

excludes strictly cultural events by a non-profit corporation.

A cultural event is an event that develops the intellectual and

moral faculties by education or entertainment in the fine arts,

humanities, and broad aspects of science.

SECTION THREE LICENSE REQUIREMENTS

No person, corporation, partnership, or other organization

shall advertise, conduct, maintain, or sell or furnish tickets

for an outdoor concert or event in the County of Lee unless

and until that person or entity has obtained a license from

the County of Lee to conduct such concert or event.

SECTION FOUR LICENSE APPLICATION

An application shall be made on a standard application

form, approved by the Board of County Commissioners, for an

outdoor.concert or special event license. The application

form may be obtained from the Office of the County Administrator

and shall be submitted to the County Administrator upon

completion. The application must be submitted at least

twenty-one (21) days prior to the scheduled commencement

time of the concert or event. The applicant shall comply

with any and all conditions set forth in the application

including, but not limited to, contacting and making sufficient

and acceptable arrangements with the Lee County Sheriff's

Department, the Fire Department, Emergency Medical Services,

the Office of the County Engineer, the Office of Community

Development, the Lee County Health Department and the Division

of Community Services (Parks & Recreation). Pursuant to

these provisions, Lee County is provided authority to prepare

said standard application form and revise same from time to

time as needed and authorized by the Lee County Board of

County Commissioners.

SECTION FIVE INSURANCE

The applicant shall obtain adequate liability and

property insurance. Proof of insurance shall be submitted

with the standard application form.

SECTION SIX BOND

The licensee shall post an indemnity and/or performance

security bond or any other appropriate and applicable security

in favor of the County of Lee in connection with the operation

of the concert or event. Bond amounts will be set by either

the Board of County Commissioners or,the County Administrator.

The bond shall be with a corporate bonding company authorized

to do business in the State of Florida. The bond shall

totally indemnify the County of Lee, its agents or employees

against any and all claims arising out of the preparations,

conduct, or aftermath of the concert or event.

SECTION SEVEN MISCELLANEOUS

Any applicant may be required to meet any other condition

prior to receiving a license to conduct a concert or event which

the Board of County Commissioners deems necessary to protect the

health, safety, and welfare of the property and citizens of Lee

County.

SECTION EIGHT PROCESSING APPLICATION

Upon receipt of the completed application and its require-

ments, the County Administrator shall process and investigate

the application. The County Administrator shall make the final

determination in those applications indicating an expectancy of

less than 5,000 persons a day. The County Administrator shall

submit the applications and set for hearing all those applica-

tions for a license where the expectancy is for 5,000 persons

or more a day. The Board, in its discretion, may hear any appli-

cation of less than 5,000 persons per day.

SECTION NINE CONSIDERATION OF APPLICATION

The Board of County Commissioners or the County Administra-

tor shall approve the application when all conditions have been

properly met. Should the application be denied, it must be in

writing and for good cause; good cause would be failure to com-

ply with the necessary arrangements dictated by the agencies

listed in Paragraph No. 3, conviction of a felony that indicates

low moral character by the applicant or principal, or the event

would create a severe and actual nuisance to the surrounding

community. The nuisance must be actual and documented, not merely

conjectual or anticipated. The reason(s1 for the denial must be

succinctly stated in the denial. Denial should be without prejudice

if the basis for the denial is a factor that can be corrected or

changed. A copy of the denial should be sent to the applicant

within fourteen (14) days of said action.

SECTION TEN LICENSING

Upon written approval by the Board of County Commissioners

or the County Administrator, notice of approval shall be forwarded

to the Clerk. When the Clerk certifies that any and all conditions

have been met, the Tax Collector shall, upon the payment of Fifty

Dollars ($50.00) per day of operation, issue an occupational

license for outdoor concerts or events.

SECTION ELEVEN COMPLAINTS

Any person may file a complaint with the Clerk of the Board

of County Commissioners or may petition the Board of County Com-

missioners to conduct a hearing concerning the revocation of the

license of any licensee. All complaints or petitions must be

accompanied by an affidavit setting forth a factual basis for

the complaint or petition and assurances that the action is

being taken in good faith.

SECTION TWELVE REVOCATION OF LICENSE

The Board of County Commissioners of Lee County, Florida,

shall have the power to revoke a license where the licensee fails

to comply with any conditions required for operation of a concert

or event, ordinances of Lee County, Florida, laws of the State of

Florida, or otherwise places persons or property in jeopardy or

serious harm or injury.

SECTION THIRTEEN REVOCATION HEARING

All parties to the revocation hearing shall be sent proper

notice, in writing, of the hearing and the reason for the hear-

ing in accordance with due process. The Board of County Commis-

sioners shall hear all interested parties and may revoke a license

only for good cause; good cause would be a violation of any of

the conditions of operation, violation of the laws of the United

States, Florida, or Lee County, or the nuisance factor to the

surrounding community is excessive.

SECTION FOURTEEN VIOLATIONS: REMEDIES OF THE COUNTY

Should the licensee, his agents or employees violate the

terms of the agreement by which the license is granted, any

ordinance of Lee County, or any law of the State of Florida or

the United States, or knowingly allow those laws to be violated,

such violation shall constitute a misdemeanor and be punished

as provided by law. Lee County retains any and all civil remedies.

DONE AND ADOPTED this 14thday of October , 1981. i - . . . I . ,,

ATTEST : ' a . .. : . . ./ . : BOARD OF COUNTY COMMISSIONERS

SAL: GERACF C L E ~ ' ,

OF LEE COUNTY, FLORIDA . ...

. . . . By:

' D Q P ~ u ~ &l'ek ' I . . . .,.' . . I '

APPLICATION FOR OUTDOOR CONCERT OR SPECIAL EVENT LICENSE

Name o f Applicant:

Residence o f Appl i cant:

Phone Number o f Applicant:

Type o f Organization (Person, Partnership, Corporation, Non-Prof i t Corporation, e t c . :

Place o f Incorporat ion:

, Social Secur i ty Number: Date o f B i r t h . .

Type of l icenses he ld by person o r o rgan iza t ion i n the State o f F lo r ida :

- - - - - - - - -- -

I s the organizat ion reg is tered i n the State of F l o r i d a f o r fund r a i s i n g a c t i v i t i e s ?

Yes : No :

Regis t ra t ion No.:

I s the organ iza t ion reg is tered i n the State o f F lo r i da as a non-prof i t corporat ion?

Yes: No :

Regis t ra t ion No.:

Type o f Event Planned: ( B r i e f Descr ip t ion)

Locat ion o f Event:

Strap Number o f the Parcel :

Name o f person(s) , group(s) , organi za t ion(s) , performing a t event:

Bus'lness Address o f Performers:

Agent , Manager, Booking Agency o f Performers 6 Address :

Owner o f the premises o f event:

(Please submit a w r i t t e n notar ized statement t o t h i s o f f i c e from owner i nd i ca t i ng consent to have concert/event he ld on the premises .)

Please s ta te the zoning c l a s s i f i c a t i o n o f the premises:

Please submi t a sketch p lan o f the s i t e ( t o scale) wi t h a1 1 proposed f a c i li t i e s and a c t i v i t i & s ident i fed , inc lude a l l park ing areas.

Fee pa id owner o f premises: Yes: No : Amount :

'Date/Dates o f event:

Hours o f Operation:

Es t i mated/ant i c i pated number o f persons per day :

- -

Admission Fee: Yes: No : Amount :

Please l i s t the p r i nc ip les i : Name/Address/Telephone Number

Insurance company insur ing event:

Please provide a copy o f the C e r t i f i c a t e o f Insurance. Lee County must be named as "Addi t ional Insuredii on the c e r t i f i c a t e .

Pol i c y amounts o f l i a b i 1 i t y insurance:

Pol i c y amounts o f property insurance:

Please l i s t any p r i o r events promoted o r conducted i n the past f i v e (5) years (Type/location)

Please l i s t any events f inanced by two (2) primary promoters i n the past f i v e ( 5 ) years. ( ~ ~ ~ e / l o c a t ion)

I s food going t o be ava i lab le a t the event? Yes: No :

Name/address o f organi zat i on prov i d ing food:

Type o f food t o be served:

A lcoho l ic beverages a t event: Yes: No :

Overnight camp inga teven t : Yes: No :

I s the promoter a resident o f F lo r ida : Yes: No :

Are thC P r inc ip les residents o f F lo r ida?:

1 . Yes : No : 1

2 . Yes : No :

Type o f s t ruc tu re / s t ruc tu res a t s i t e o f event:

Are any temporary s t ruc tures t o be i n s t a l l e d f o r event?:

Yes : No :

Name/address o f person o r group i n s t a l l i n g temporary s t ruc tu re :

Bonding Company : (~ame and Address)

Respond t o the fo l l ow ing questions i f event i s f o r fund ra i s i ng .

The Intended/projected bene f i c i a ry / rec ip ien t o f the co l l ec ted funds?:

Please o u t l i n e the method/means by which the funds are t o be co l lec ted:

What percentage o f the funds w i 1 1 go t o defray the costs o f operat ion o f the fund r a i s i n g event?:

What are the foreseen costs?:

I s the o r g a n i z a t i o n c o l l e c t i n g the funds go ing t o r e t a i n any o f the funds c o l l e c t e d f o r the purposes o t h e r than t o def ray t h e cos ts o f o p e r a t i o n ? :

How w i l l any remain ing funds be d i s t r i b u t e d ? :

NOTE: ANY SIGNS AND MARKINGS IN CONNECTION WITH THIS EVENT SHALL BE TEMPORARY - AND REMOVABLE; PAINTING ON ROADWAYS, TREES OR ANY OTHER F l XED OBJECT I S STRICTLY PROHIBITED.

The a p p l i c a n t does acknowledge and hereby a f f i r m s t h a t any and a l l i n f o r m a t i o n i s accura te t o t h e b e s t of h i s knowledge. Chapter 617, F l o r i d a S ta tu tes (1979), regu la tes c o r p o r a t i o n s n o t f o r p r o f i t ; i f you o r t h e o r g a n i z a t i o n you represent i s a n o n - p r o f i t c o r p o r a t i o n your s i g n a t u r e c e r t i f i e s you agree t o a c t i n accordance w i t h the S t a t e S t a t u t e s . The a p p l i c a n t agrees t o d i s b u r s e t h e funds i n the manner i n d i c a t e d h e r e i n . The a p p l i c a n t agrees t o conduct h i m s e l f i n good f a i t h and f a i r d e a l i n g a t a l l t imes.

A p p l i c a n t ' s S igna tu re

LEE COUNTY SHERIFF'S DEPARTMENT 1700 MONROE STREET

FORT MYERS, FLORIDA 33901

81 3/332-3456

Parking:

' Deputies:

Number :

Type :

- Fee :

Special Arrangements:

Signature

Date

FI RE DEPARTMENT

F i r e Guards:

Number : . Type :

' Fee:

Flammable Vegetation:

F i r s t Aid Equipment:

F i r e Extinqishment Equipment:

Special Arrangements:

Signature

T i t l e

Date

EMERGENCY MEDICAL SERVICES 2665 ORTlZ EXT

FORT MYERS, FLORIDA 33905

81 3/936- 3600

Treatment F a c i l i t i e s :

Medi ca l Personnel :

Medical Supplies:

Equipment:

Special Arrangements:

Fee f o r Services:

Signature

T i t l e

Date

- 7-

DEPARTMENT OF TRANSPORTATION COUNTY ENG I NEER

2022 HENDRY STREET FORT MYERS, FLORIDA 33902

81 3/335-2220

Parking:

-- -- ~

Ingress and Egress:

Special Arrangements:

Signature

T i t l e

Date

DEPARTMENT OF COMMUN l TY DEVELOPMENT 1 8 3 1 HENDRY STREET

FORT MYERS, FLORIDA 3 3 9 0 1

Zoning:

P e r m i t s :

F e e s :

Signature

T i t l e

D a t e

LEE COUNTY HEALTH DEPARTMENT 3920 M 1 CH 1 GAN

FORT MYERS, F L O R I D A 33901

Water:

Sani ta t ion:

Food Concessions:

Overnight Arrangements:

Special Arrangements:

Signature

T i t l e

Date

DEPARTMENT OF COMMUNITY SERVICES 3410 PALM BEACH BOULEVARD

FORT MYERS, FLORl DA 33905

81 3/335-2284

I l l u m i n a t i o n :

Parking Areas :

Fee : TO inc lude clean-up costs. 1

Signature

T i t l e

Date