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#25-13 are hereby repealed and declared null and void and of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