§ 142-59. Outdoor festival classification.

Each outdoor festival shall be categorized as a Class A, Class B, Class C, Class D, or Class E outdoor festival. In addition, each outdoor festival shall be categorized as commercial or non-commercial.

(a)

For classification purposes, the chief of staff shall evaluate the application by the anticipated number of persons attending the outdoor festival over the entire period of the outdoor festival. In estimating this number, no regard shall be given to any estimate of the number of persons who may be anticipated to be in the vicinity of the outdoor festival as counter-demonstrators or to show hostility to any message the outdoor festival may be perceived as having. Nor shall there be any consideration of any of the factors set forth in section 142-12(b) above. Unless such estimate shall appear to have been made in palpable bad faith or otherwise grossly in error, the chief of staff shall be guided by the estimate provided by the applicant. If the chief of staff determines not to adopt the estimate given by the applicant, s/he shall state the reasons in writing on the permit. The definition of each class of outdoor festival is as follows:

(1)

Class A outdoor festival. An outdoor festival at which the attendance is anticipated to be 50,000 persons or more over the entire period of the outdoor festival.

(2)

Class B outdoor festival. An outdoor festival at which the attendance is anticipated to be between 20,000 and 49,999 persons over the entire period of the outdoor festival.

(3)

Class C outdoor festival. An outdoor festival at which the attendance is anticipated to be between 10,000 and 19,999 persons over the entire period of the outdoor festival.

(4)

Class D outdoor festival. An outdoor festival at which the attendance is anticipated to be between 2,000 and 9,999 persons over the entire period of the outdoor festival.

(5)

Class E outdoor festival. An outdoor festival on public property at which the attendance is anticipated to be between 250 and 1,999 persons over the entire period of the outdoor festival, or an outdoor festival on private property at which the attendance is anticipated to be between 500 and 1,999 persons over the entire period of the outdoor festival. In addition, where an outdoor event is anticipated to have fewer than 250 attendees on public property, or fewer than 500 attendees on private property, but otherwise meets the definition of outdoor festival, and where the outdoor event provides activities that are open to the public, for example entertainment or vending, such that the number of participants may thereby increase, the outdoor event may be considered a Class E outdoor festival.

(b)

For the purpose of determining whether an outdoor festival is commercial or non-commercial, the chief of staff shall consider materials offered by the applicant. Should the applicant choose not to provide or be unable to provide documentation of its non-commercial status, the outdoor festival shall be assumed to be commercial. The non-commercial status of an outdoor festival shall be determined by:

(1)

The existence of a determination letter from the Internal Revenue Service identifying the applicant as an entity recognized as one described in section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986 (or as amended); or

(2)

The review of tax returns filed by the applicant as it relates to the outdoor festival, showing that the proceeds of the applicant are expended exclusively in support of charitable, educational, religious, scientific or literary purposes, or for civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare; or

(3)

The prior history of the outdoor festival over at least the past three years evidencing that the outdoor festival has consistently been non-commercial, as evidenced by past applications, conduct, previous related outdoor events, and/or appropriate documentation.

(Ord. No. 2006-66, § 15, 9-26-06)