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HomeMy WebLinkAboutHuffman Farms letterOctober 3, 2019 Hilary Huffman 6181 Wilson Creek Road Ellensburg, WA 98926 Kittitas County, Washington BOARD OF COUNTY COMMISSIONERS District One Cory Wright District Two Laura Osiadacz Re: Event Application — Huffman Farms Pumpkin Festival Dear Ms. Huffman, District Three Brett Wachsmith The Kittitas County Board of Commissioners approved your event application to hold the Huffman Farms Pumpkin Festival from September 28, 2019 — October 27, 2019. This official action was taken during their October 1, 2019 Agenda Session. They approved your event con#i�ient upon you complying with the requirements set forth in the enclosed memos from Public Works, Fire Marshal and Auditor. Auditor: Thank you for reporting your 2018 Admissions Tax and returning to submit the late fee. Please report your 2019 Admissions Tax at the end of this year's event. Fire Marshal: All structures shall have a minimum of one 2A-IOB: C fire extinguisher readily available for use. Any LPG tank shall be secured to prevent displacement. Please be aware of general trip hazards from extension cords. Also, extension cords may not be piggy-backed/daisy- chained together. Parking shall be such that fire apparatus access is maintained at all times. The fire apparatus access roads shall remain free from obstructions. Public Works: The applicant is required to ensure that no unmitigated adverse impacts to the traveling public along Wilson Creek Road will occur from the proposal. Public Works also has requested that the applicant post "Event Ahead" signs along Wilson Creek Road and to obtain approval from the Fire District for use of the bridge. Thank you for attending the Agenda Session and answering questions the Board had pertaining to your event. The Board of County Commissioners also granted your request for a waiver to Kittitas County Code Chapters 5.20. 100 (Penal Bond -Bond of Indemnity). We have enclosed a copy of Kittitas County Code Chapter 5.20 (Event Permits). According to Chapter 5.20.110 (Posting), a copy of this information needs to be kept posted in a conspicuous place where your event is being held. If you have any questions please feel free to contact our office at your convenience. Thank you. Sincerely, KITTITAS COUNTY COURTHOUSE - 205 WEST 5", SUITE 108 • ELLENSBURG, WA 98926 (509) 962-7508 • FAX (509) 962-7679 www.co.kittitas.wams V M �Buchholz,Deputy C, of the Board II Enclosure -as noted cc: Public Works Fire Marshal Auditor/Treasurer Public Health /Solid Waste Prosecutor Sheriff/KITTCOM/Code Enforcement KITTITAS COUNTY COURTHOUSE • 205 WEST 5h, SUITE 108 • ELLENSBURG, WA 98926 (509) 962-7508 • FAX (509) 962-7679 www.co.kiffitas.wa.us DEPARTMENT OF PUBLIC WORKS F. ITT i T-%` C L7l N l V MEMORANDUM TO: Kittitas County Board of County Commissioners FROM: Candie Leader, Administrative Assistant !? DATE: September 17, 2019 SUBJECT: Huffman Farms Special Event Application After review of the special event application submitted by Hilary Huffman to host the Huffman Farms U - Pick Pumpkin Patch beginning September 28, 2019 through the end of October, 2019, staff has found that the applicant has identified that this event will not obstruct, interfere, or require the closure and free use of public roads and rights of way. The application indicates that all event parking and traffic impacts can be maintained on private property. The event location is accessed from Wilson Creek Road, which is a County road. The applicant would be required to ensure that not unmitigated adverse impacts to the traveling public along Wilson Creek Road will occur from this proposal. Kittitas County Public Works recommends obtaining approval from the fire district for use of the bridge. Kittitas County Public Works requires that the applicant post "Event Ahead" signs along Wilson Creek Road. Kittitas County Public Works recommends approval of this event based on this information and proposed condition. Feel free to contact Kittitas County Public Works with any additional questions you may have at 509-962-7523. Page 1 of 1 411 North Ruby Street, Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 KITTITAS COUNTY FIRE MARSHAL'S OFFICE 411 N. Ruby St., Suite 2, Ellensburg, WA 98926 Office (509) 962-7000 Fax (509) 962-7682 4Lr To: County Commissioners From: Patrick Nicholson, Fire Marshal Date: 8/27/2019 Subject: Huffman Farms U -Pick Pumpkin Patch Subsequent to the review of the special event application, I have determined that a Fire Marshal Special Event permit will be required for the event. The permit will be valid from 9/28/19 through October 315c The organizer can apply for the special event permit by submitting an application at Community Development Services. The site plan and narrative used in the County Special Event application are acceptable as submittals for this Fire Marshal permit. I,fie Organiser must contact the Fire Marshal to schedule an inspection on or before 9/27/2019. The inspection will include concessions, retail space, storage, and any other structure that the public and employees will enter or access. One the one initial inspection will be perfonned, however, the Fire Marshal may perform additional non-scheduled inspections during the event to verify compliance. Concession vendors are required to have a type 2A/1 OBC size fire extinguisher (51b or larger). The smaller lA extinguishers commonly found in automobiles or residential applications is not acceptable. The extinguishers must have an inspection tag from a third party inspection vendor that is less than 1 year old or a sales receipt that is one year or less is acceptable. All extinguishers must be mounted and not resting on a surface or the ground. Fire extinguishers will be required in retail and storage buildings and there must be 1 extinguisher for every 75 feet of travel. Example: 1 extinguisher could be used in the middle of a 150 foot long wall. If there is a burn ban still in effect when the event opens, a burn ban exemption permit will be required from the Fire Marshal's office prior to any open burning of solid fuel products (fire pits). Organizer should verify if there is a burn ban in effect 24 hours prior to the event opening. Respectfully, Patrick Nicholson, Fire Marshal P r e v e n t i o n ► E d u c a t i o n • I n v e s t i g a t i o n E n f o r c e m e n t FIRE MARSHAL PATRICK NICHOLSON, IFSAC CFI, NAFI CFEI, CVFI Jerald V. Pettit Kittitas County Auditor 205 West 5t"Ave —Suite 105 Ellensburg, WA 98926 509-962-7504 Fax 509-962-7687 September 27, 2019 Board of County Commissioners 205 West 5th Ave Suite 108 Ellensburg WA 98926 RE: Admissions Tax -- Huffman Farms Board Members: , K [77i iAti f'[ IIAi 4' The Board of County Commissioners has received an event application from Huffman Farms for their 2019 Pumpkin Festival. As of this date, Huffman Farms has not submitted their admissions tax for the 2018 event. We recommend I- Uffman Farms complete the online return, submit the form and process the payment with the penalty for failure to repoi7 for the 2018 event, before approval of the 2019 event. If you have any questions, please contact me, Sincerely, JL Pless, Budget and Finance Manager Kittitas County Auditor's office Cc Huffman Farms (email) Accounting 509-962-7502 • Elections 509-962-7503 • Recording 509-962-7504 • Licensing 509-962-7505 -www.co.kittitasma.us/auditor- Chapter 9.45 NOISE CONTROL Sections 9.45.010 Declaration of policy. 9.45.020 Public disturbance - finding of special conditions. 9.45.030 Public disturbance - noise unlawful when. 9.45.040 Exemptions. 9.45.050 Enforcement. 9.45.060 Violation - penalty. 9.45.070 Variances. Prior ordinance history for Chapter 9.45: Ord. 2014-010, 2014; Ord. 99-09, 1999; Ord. 95-14, 1995. 9.45.010 Declaration of policy. It is declared the policy of the county to minimize the exposure of citizens to adverse effects of excessive noise and to protect, promote, and preserve the public health, safety and welfare. It is the express intent of the board of county commissioners to control the level of noise in a manner which promotes commerce; the use, value, and enjoyment of property, sleep and repose; and the quality of environment.(Ord. 2016-009, 2016; Ord. 2016-002, 2016) 9.45.020 Public disturbance - finding of special conditions. The making, creation or maintenance of excessive, unnecessary or unusual loud noises which are prolonged and unusual in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the people of the county. The board of county commissioners and the county sheriff's department have received numerous citizen's complaints regarding noise and believe such noise constitutes a public disturbance. Special conditions within the county make necessary any and all differences between this chapter and regulations adopted by the Department of Ecology.(Ord. 2016-009, 2016; Ord. 2016-002, 2016) 9.45.030 Public disturbance - noise unlawful when 1.It is unlawful for any person to make, continue, or cause to be made or continued or any person owning or in possession of property to make, continue, or cause to be made or continued or allow to originate from the property any sound which: a. Is plainly audible within any dwelling unit which is not the source of the sound or is generated within two hundred feet of any dwelling unit, and; b. Either reasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. 2.Sound which is "plainly audible" is sound that can be understood or identified. 3.It shall be a rebuttable presumption that sounds created between 8:00 a.m. and 10:00 p.m. do not unreasonably annoy, disturb, injure, or endanger. (Ord. 2016-009, 2016; Ord. 2016-002, 2016) 9.45.040 Exemptions. The following sounds are exempt from the provisions of this chapter: Mounds originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations; 2.Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device; 3.Sounds created by fire alarms; 4.Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community; S.Sounds created by the discharge of firearms in the course of lawful hunting or target practice activities; 6.Sounds created by natural phenomena; 7.Sounds originating from [lawful] forest harvesting and silviculture activity, and from agriculture and livestock (not including sounds created by dogs); 8.Sounds created by auxiliary equipment on motor vehicles used for highway maintenance; Mounds created by off-highway vehicles while being used in officially designated off-road vehicle parks. Such off-road vehicles are nevertheless subject to the provisions of RCW Chapter 46.09; 10.Sounds created by warning devices not operated continuously for more than thirty minutes per incident; 11.Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by operating on the railroad; 12.Sounds created by construction between 6:00 a.m. and 10:00 p.m.; 13.Sounds created by refuse removal equipment or personal snow removal equipment; 14.Sounds originated from officially sanctioned parades and other public events; 15.Sounds created by motor vehicles while being driven upon public highways. Such motor vehicles are nevertheless subject to the provisions of WAC Chapter 173-62; 16.Sounds originating from motor vehicle racing events at authorized facilities; 17.Sounds created by unamplified human voices from 6:00 a.m. to 10:00 p.m.; 18.Sounds created by lawn and garden equipment from 6:00 a.m. to 10:00 p.m.; 19.Sounds created by lawfully established commercial and industrial uses; 20.Sounds created by commercial kennels, veterinaries, animal shelters, pet shops, grooming parlors, commercial dog breeders; 21.Sounds created in conjunction with military operations or training. (Ord. 2016-009, 2016; Ord. 2016-002, 2016) 9.45.050 Enforcement. The county sheriff and other law enforcement officers are authorized and directed to enforce the provisions of this chapter. The provisions of this chapter shall be cumulative, nonexclusive, and supplementary, and shall not affect any other remedy, including without limitation, the provisions of Chapter 70.107 RCW.(Ord. 2016-009, 2016; Ord. 2016-002, 2016) 9.45.060 Violation - penalty. Any person who violates the provisions of this chapter, shall, upon a finding of having committed the civil infraction thereof, be punished by a civil penalty in the amount of $100 for the first offense, $250 for the second offense, and $500 for each offense thereafter.(Ord. 2016-009, 2016; Ord. 2016-002, 2016) 9.45.070 Variances. From time to time, upon application to the board of county commissioners, further specific exemptions may be granted to this chapter on a fact and date specific basis. An example is the request for and granting of a festival permit. All such exemptions shall be made through proper application to the board of county commissioners and in conformance with existing provisions of the Kittitas County Code, as it now exists, or as amended in the future. All requests for exemptions to this chapter are subject to a nonrefundable $25.00 fee, which must be paid at the time the request is made. All recipients of a variance must provide proof of notification of said variance (including dates and times of the variance) to all residents within 1,000 feet of the noise source property boundary.(Ord. 2016-009, 2016; Ord. 2016-002, 2016) Chapter 5.20 EVENT PERMITS Sections 5.20.005 Legislative intent. 5.20.010 Basic clause. 5.20.015 Exceptions. 5.20.020 Permit application - Approval - Denial. 5.20.030 Application form. 5.20.040 Repealed. 5.20.041 Repealed. 5.20.050 Repealed. 5.20.060 Repealed. 5.20.070 Repealed. 5.20.080 Inspection - Enforcement. 5.20.085 Right to limit further admissions. 5.20.090 Permit required - Fee - Regulations. 5.20.100 Penal bond - Bond of indemnity. 5.20.110 Posting. 5.20.120 Applicant age. 5.20.130 Statement of right to revoke on permit. 5.20.140 Grounds for revocation. 5.20.150 Revocation not exclusive penalty. 5.20.160 Closing hours. 5.20.170 Repealed. 5.20.180 Preserving order - Operator's duty. 5.20.190 Building construction. 5.20.200 Distance from habitation. 5.20.210 Permit posting - Nontransferability. 5.20.220 Permit application. 5.20.230 Violation - Penalty. 5.20.240 Compliance. 5.20.250 Enforcement. 5.20.260 Reservation. 5.20.270 Severability and saving. 5.20.005 Legislative intent. The Board of County Commissioners declares it to be the public interest, and for the protection of the health, welfare and property of the residents of the county of Kittitas to provide for the orderly and lawful conduct of any assembly of persons for the primary purpose of entertainment, amusement, or sporting events or shows to be held within Kittitas County by assuring that the proper sanitary, health, fire, safety and police measures are provided and maintained. (Ord. 2009-22, 2009) 5.20.010 Basic clause. It is unlawful for any person, corporation, organization, landowner, or lessor to allow, encourage, organize, promote, conduct, permit or cause to be advertised an entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show, which the person, corporation, organization, landowner, or lessor believes or has reason to believe will attract one hundred (100) or more persons, and where a charge or contribution is required for admission or access, unless a valid county permit has been obtained for the operation of said public amusement, entertainment or assembly. One such permit shall be required for each public entertainment or other amusement events. An admissions tax shall be levied or imposed on said event in accordance with KCC chapter 3.22. Criminal or civil liability for failure to comply with the provisions of this chapter shall rest in all persons, corporations, organizations, landowners or lessors who are responsible for obtaining permits under this section.(Ord. 2018-001, 2018;Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 9217, 1992; Ord. 69-11 § 2, Vol. 0, p. 129, 1969) 5.20.015 Exceptions. The requirement of KCC 5.20.010 to obtain a permit shall not apply to: 1.Conditional Use Permit Exception Events that occur on a parcel or parcels with a valid Conditional Use Permit that specifically contemplates and authorizes such gathering. 2.The Kittitas County Fair, events conducted on the Kittitas County Fairgrounds, or Events conducted by Kittitas County or its subdivisions. B.Events held in connection with and upon the same lot as a building that has been permitted, including a passing final inspection, for occupancy of at least as many individuals as are reasonably anticipated at the event, inclusive of any persons that will be at the building or on the lot even if not in connection with the event. Provided that such building has received a passing fire and life safety inspection from the Kittitas County Fire Marshall's Office within the last year. Note: The exceptions in this section only waive the requirement of obtaining a permit found in KCC 5.20.015, not the requirement for a public assembly/special event permit from the Fire Marshal, or any other requirement of this Chapter or State or local law.(Ord. 2018-001, 2018;Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 9217, 1992; Ord. 69-11 § 2, Vol. O, p. 129, 1969) 5.20.020 Permit application - Approval - Denial. Written application for event permits shall be made to the Board of County Commissioners and the application must be submitted 60 or more days prior to the day upon which such event is to be or may be held. When available, the application should include a completed Event Application Form. Approval or denial of permits as provided for in this chapter shall be made within 45 days after application. The board of county commissioners may waive or shorten any deadlines set out in this chapter upon the request of the applicant. Denial of the permit or waiver or shortening of deadlines by the Board of County Commissioners shall be in writing with reasons for the same stated therein. Any denial of the permit shall be subject to appeal to the superior court by action filed within 10 days of the denial. When any type of physical facility is required or subject to approval hereunder, preliminary approval may be granted based upon specific plans proposed and submitted by the applicant. All such facilities shall be in existence five or more days before event for which an application is submitted shall begin and shall be subject to inspection by the approving agencies or departments at their convenience. The inspections shall be made and approval or disapproval granted on or before the fifth day preceding the event. Failure to act by the County within said period constitutes a waiver of the before mentioned inspection by the County. Should the actual facility or construction fail to meet the standards approved in the proposed plans, such preliminary approval shall be withdrawn and any and all permits granted subject to such approval shall be withdrawn. No inspection fee or approval fee shall be charged other than the general permit fee required hereunder. Every application made under this chapter shall be accompanied by plans for sanitary facilities, food and drink services and facilities, solid waste disposal, fire safety and protection, traffic control, parking, security, liability insurance and a statement of the anticipated impact, including noise, of the public entertainment, amusement or assembly on the citizens and public agencies of Kittitas County. Upon receipt of the application, the clerk for the Board of County Commissioners shall submit copies of the application to the following officers, agencies or elected officers of Kittitas County or other governmental or regulatory agencies for their input on the following: 1.The County Health Officer regarding the plan for sanitary facilities, food and drink services and facilities; and 2.The County Fire Marshal regarding fire protection and safety; and 3.The County Sheriff regarding traffic control, parking, security, noise and any other health and safety problems; and 4.The County Prosecuting Attorney regarding liability insurance; and 5.The County Public Works Department regarding potential impacts on roads; and 6.The County Solid Waste Programs Department regarding solid waste disposal; and. 7.The County Auditor regarding the levy and imposition of any admissions tax pursuant to KCC chapter 3.22. The application must provide written approval of any other federal, state or local agency if the application involves an event, activity or instrumentality regulated by such agency. If any of the above county officers, agencies or elected officials of Kittitas County do not approve of the portions of the applicant's plans submitted to them; they shall set forth in writing the details supporting their disapproval.(Ord. 2018-001, 2018; Ord. 2014-009, 2014;Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92- 17, 1992; Ord. 69-11 § 3, Vol. O, p. 129, 1969) 5.20.030 Application form. Event Application Form: The Clerk of the Board of County Commissioners is hereby charged with creation of a standard "Event Application Form." The Clerk should consult with the county Health Officer, Fire Marshal, Sherriff, Prosecutor, Public Works Director and the Solid Waste Director to ensure that the Event Application Form solicits the information necessary for them to make a recommendation on the issues enumerated in KCC 5.20.020.(Ord. 2014-009, 2014;Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 6911 § 4, Vol. 0, p. 129, 1969) 5.20.040 Sanitary facilities. Repealed by Ord. 92-17. (Ord. 69-11 § 5, Vol. O, pp. 129, 130, 1969) 5.20.041 Health, safety and administrative elements of application. Repealed by Ord. 2009-22, 2009. (Ord. 99-06, 1999; Ord. 92-17, 1992) 5.20.050 Fire facilities. Repealed by Ord. 92-17. (Ord. 69-11 § 6, Vol. 0, p. 130, 1969) 5.20.060 Traffic control - Crowd protection. Repealed by Ord. 92-17. (Ord. 69-11 § 7, Vol. 0, p. 130, 1969) 5.20.070 Parking facilities. Repealed by Ord. 92-17. (Ord. 69-11 § 8, Vol. 0, p. 130, 1969) 5.20.080 Inspection - Enforcement. No permit shall be granted hereunder unless the applicant shall in writing upon the application for such a permit consent to allow the law enforcement, public health, fire control, and other officers of the County to come upon the premises for which the permit has been granted for the purpose of inspection and enforcement of the terms and conditions under which the permit is granted. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 9217, 1992; Ord. 69-11 § 9, Vol. 0, p. 130, 1969) 5.20.085 Right to Limit Further Admissions. If at any time during said event the size of the crowd exceeds by 20 percent (20%) the number of persons represented by the applicant to be expected in attendance, the Kittitas County Sheriff shall have the discretion to require the applicant to limit further admissions. (Ord. 2018-001, 2018) 5.20.090 Permit required - Fee - Regulations. No public assembly of persons for the primary purpose of entertainment, amusement, or sporting events or shows may be held in the county outside the limits of incorporated cities and towns unless the person or persons sponsoring said event shall first obtain a permit as hereinafter provided and shall comply with all regulations and approvals herein provided and that the fee for such permit to meet the cost of administering the same shall be set by resolution of the Board of County Commissioners, but shall initially be $200.00 for each event. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 10, Vol. 0, pp. 130, 131, 1969) 5.20.100 Penal bond - Bond of indemnity. No permit shall be issued hereunder until the applicant has on deposit with the county Treasurer the sum of $5,000 cash or bond as an indemnity to save and protect the streets, pavements, bridges, road signs and other property of the county from any and all damage that may be caused by vehicles, employees, or participants in such amusement, entertainment or assembly and to be used, if necessary, to restore the ground where such amusement, entertainment or assembly is held to a sanitary condition and pay all charges and losses to the county for damage to the streets, pavements, bridges and other property; provided further, that should the licensed event necessitate the deployment of additional county personnel, such added expense, which together with other county expense that exceeds the original permit fee shall be recoverable from the principal and/or its surety. The deposit or its balance is to be returned when the board of county commissioners certifies to the Treasurer that no damage has been done and that the county did not incur additional expenses due to said licensed event or that the costs of the above have been paid by the licensee. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 11, Vol. 0, p. 131, 1969) 5.20.105 Indemnity Insurance. 1.The applicant shall agree that if the permit is granted, the following indemnity agreement applies to the event: the applicant shall assume the risk of all damage, loss, cost, and expense to defend, hold harmless and indemnify the county and its elected and appointed officials, officers, and employees from and against any and all liability which may accrue to or be sustained by Kittitas County, except for the sole negligence and willful misconduct of Kittitas County and its employees. 2.A certificate of insurance, and accompanying endorsement, shall be filed with the county prior to the issuance of the permit which names Kittitas County, its officers and employees, as an additional insured party with respect to activities in connection with this permit for no less than $1,000,000 per occurrence. The county shall approve the certificate and may impose other insurance requirements, as deemed necessary by the county. (Ord. 2018-001, 2018) 5.20.110 Posting. The ordinance codified in this chapter shall at all times be kept posted in a conspicuous place where an entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show is being conducted. (Ord. 2009-22, 2009; Ord. 9906, 1999; Ord. 92-17, 1992; Ord. 69-11 § 12, Vol. 0, p. 131, 1969) 5.20.120 Applicant age. No permit shall be issued to any person under 18 years of age. Alcohol shall be prohibited at any event where applicant is under 21 years of age at the time of the event. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 13, Vol. O, p. 131, 1969) 5.20.130 Statement of right to revoke on permit. Every permit issued under the provisions of this chapter shall state in substance that such permit is issued as a police, sanitary and fire requisition measure, and that the right of the board of county commissioners to revoke such permit without notice or formal hearing is a consideration of its issuance. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 14, Vol. 0, p. 131, 1969) 5.20.140 Grounds for revocation. Any permit granted hereunder to conduct an event may be revoked without notice or formal hearing by the board of county commissioners upon their finding that any police, sanitary, or fire regulation provided for in this chapter or in the state law has been violated by the permittee, and the action of said board in revoking any such permit shall be final and conclusive. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 6911 § 15, Vol. 0, p. 131, 1969) 5.20.150 Revocation not exclusive penalty. The revocation of any permit granted under the provisions of this chapter shall not preclude the imposition of further penalties as provided for in this chapter and the state law, but shall be considered merely as a part of the penalties imposed for violation of the rules and regulations provided for herein and in the state law. (Ord. 2009-22, 2009; Ord. 92-17, 1992; Ord. 69-11 § 16, Vol. 0, p. 131, 1969) 5.20.160 Closing hours. All events shall not be open to the public before the hour of 7:00 a.m., and shall remain open to the public until such time as approved by the board of county commissioners in the application process.(Ord. 2014-009, 2014;Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 17, Vol. 0, p. 131, 1969) 5.20.170 Intoxicating liquor prohibited. Repealed by Ord. 2009-22, 2009 (Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 18, Vol. 0, p. 131, 1969) 5.20.180 Preserving order - Operator's duty. It is the intention to put the burden of preserving order upon the operator of the entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show in the county is not being operated in accordance with the rules and regulations prescribed in this chapter and set forth in the state law, the permittee shall be subject to revocation of his or her permit, and the permittee or other individual responsible subject to such other punishment as the law and this chapter provides. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 19, Vol. 0, p. 131, 1969) 5.20.190 Building construction. If the entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show is held within a permanent building or structure, such must be of fireproof construction when over one story in height. All buildings to which the public is admitted must have a sufficient number of exits to permit a safe evacuation of all persons therein. All exit doors in buildings of a permanent nature must be equipped with crash hardware. All canvas used in any tent or as a part of any structure must be so treated as to be fire resistant at the time the same is in use. All highly inflammable or explosive liquids or materials are to be kept in a well ventilated location and adequate fire fighting equipment must be maintained in the immediate area. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 9217, 1992; Ord. 69-11 § 20, Vol. 0, p. 132, 1969) 5.20.200 Distance from habitation. No entertainment, amusement, sporting event, or show or assembly of persons wherein the primary purpose will be entertainment, amusement, sporting event, or show shall be operated in a location which is closer than 1,000 feet from any schoolhouse, church or residence; provided, however, that this section shall not apply if the owner of each residence or the governing body of each schoolhouse and/or church within said 1,000 feet shall waive its requirement in writing and the board of county commissioners specifically approves such location in the permit process. (Ord. 2009-22, 2009; Ord. 99- 06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 21, Vol. 0, p. 132, 1969) 5.20.210 Permit posting - Non -transferability. Any permit issued as provided in this chapter shall be kept posted in a conspicuous place and no such permit shall be transferable or assignable without the consent of the board of county commissioners; and no rebate or refund of money paid for a permit shall be made. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 6911 § 22, Vol. 0, p. 132, 1969) 5.20.220 Permit application. An application for a permit to conduct such an event in the county outside the limits of incorporated cities and towns shall be made in writing to the board of county commissioners, and shall be accompanied by a deposit of the fee herein required. It shall be signed and verified upon oath. If the application is made on behalf of a co -partnership the names of the copartners in full, shall be given with their residences and post office addresses for a period of six months immediately prior to the date of the application, together with the location of principal office or place of business of such corporation. The application shall state the location to be occupied; and shall also state that the applicant or applicants will abide by all rules and regulations of this chapter and the state law for the protection of health, morals and safety of the persons employed therein, and for the patrons or participants thereof and for the public. (Ord. 2009-22, 2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 23, Vol. 0, p. 132, 1969) 5.20.230 Violation - Penalty. Any person who violates or fails to comply with any provision of this chapter or who shall counsel, aid or abet such a violation or failure to comply shall be deemed guilty of a misdemeanor and shall be punished as provided in RCW 9A.20.021(3).Violation of this chapter shall also subject the holder of a Conditional Use Permit to revocation of that permit under KCC 17.60A.100. (Ord.2009-22, 2009; Ord. 99- 06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 24, Vol. 0, p. 132, 1969) 5.20.240 Compliance. Compliance with the terms and conditions of this chapter shall constitute minimum health, sanitation and safety provisions and failure to comply with the terms and conditions shall constitute a public nuisance and shall be subject to all criminal, civil and equitable remedies as such. (Ord. 2009-22,2009; Ord. 99-06, 1999; Ord. 92-17, 1992; Ord. 69-11 § 25, Vol. 0, p. 132, 1969). 5.20.250 Enforcement. Enforcement of this Chapter shall be through the procedure and in accordance with Title 18 KCC. (Ord. 2009-22, 2009) 5.20.260 Reservation. The County reserves the right to add conditions or waive requirements or conditions of this Chapter as it determines to be in the best interests of the public. It shall give great weight to health and safety concerns in making conditions or granting waivers. (Ord. 2009-22, 2009) 5.20.270 Severability and savings. If any provision of this chapter or its application to any person or property is held invalid, the remainder of this chapter or the application of the provision to other persons or property is not affected and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 2009-22, 2009) 0 ... .............. ..................... ............ ... ............... ...... ... ... ... ......... ... ... ... ...... ...... .......... ............. .............................................................................. ............................. ........ ....... .............................. ................................ ................................................................................................................................................................ .