OCCUPATIONS CODE

TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT

SUBTITLE C. ARTS AND MUSIC

CHAPTER 2104. REGULATION OF OUTDOOR MUSIC FESTIVALS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2104.001.  DEFINITIONS.  In this chapter:
(1)  "Outdoor music festival" means any form of musical entertainment provided by live performances that occurs on two or more consecutive days or on any two days during a three-day period if:
(A)  more than 5,000 persons attend any performance;
(B)  any performer or audience member is not within a permanent structure;  and
(C)  the performance occurs outside the boundaries of a municipality.
(2)  "Promoter" means a person who attempts to organize or promote an outdoor music festival, or to solicit funds for the organization or promotion of an outdoor music festival.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. PROMOTER REGISTRATION

Sec. 2104.051.  PROMOTER REGISTRATION.  (a)  A promoter shall register with the county clerk of the county in which the outdoor music festival is to be held.
(b)  The registration must include:
(1)  the name and address of:
(A)  the promoter;  and
(B)  each of the promoter's associates or employees assisting in the promotion of the festival;  and
(2)  a statement indicating whether the promoter, or an associate or employee of the promoter, has been convicted of a crime involving the misappropriation of funds, theft, burglary, or robbery.
(c)  The promoter must submit a $5 registration fee with the registration.
(d)  The registration must be verified by the promoter and be based on the promoter's best information and belief.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. OUTDOOR MUSIC FESTIVAL PERMIT

Sec. 2104.101.  FESTIVAL PERMIT APPLICATION.  (a)  A promoter shall, before the 60th day before the date the promoter holds an outdoor music festival, file a permit application with the county clerk of the county in which the festival is to be held.
(b)  The application must include:
(1)  the name and address of:
(A)  the promoter;  and
(B)  each of the promoter's associates or employees assisting in the promotion of the festival;
(2)  a financial statement of the promoter and a statement specifying the sources and amounts of capital being supplied for the festival;
(3)  a description of the festival location;
(4)  the name and address of the owner of the festival location;
(5)  a statement describing the terms and conditions of the agreement allowing the promoter to use the festival location;
(6)  the dates and times of the festival;
(7)  the maximum number of persons the promoter will allow to attend the festival;
(8)  a statement describing the promoter's plan to control the number of persons attending the festival;
(9)  a description of the agreement between the promoter and each performer who is scheduled to appear at the festival;  and
(10)  a complete statement describing the promoter's festival preparations to comply with the minimum standards of sanitation and health prescribed by Chapter 341, Health and Safety Code.
(c)  The promoter shall submit a $5 filing fee with the permit application.
(d)  The permit application must be verified by the promoter and be based on the promoter's best information and belief.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2104.102.  HEALTH REPORT.  (a)  On the filing of a permit application under Section 2104.101, the county clerk shall forward a copy of the application to the county health officer.
(b)  The county health officer shall make a written report to the commissioners court.  A report made under this subsection must:
(1)  state whether the county health officer believes that the preparations described in the application would, if carried out, be sufficient to:
(A)  protect the community and the persons attending the outdoor music festival from health dangers;  and
(B)  avoid a violation of Chapter 341, Health and Safety Code;  and
(2)  be filed with the county clerk before the second day before the date of the hearing on the permit application.
(c)  The county health officer shall be present at the hearing on the permit application and may be called to testify by a person having an interest in the permit.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2104.103.  HEARING.  (a)  The commissioners court shall set a date and time for a hearing on the permit application.
(b)  The hearing must be held:
(1)  after the 15th day after the date the permit application is filed;  and
(2)  before the 30th day before the date set for the first performance of the outdoor music festival.
(c)  A promoter is entitled to at least 10 days notice before the hearing date.
(d)  Any person may appear at the hearing and testify for or against the grant of the permit.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2104.104.  DECISION ON PERMIT APPLICATION.  The commissioners court shall grant a permit application filed under Section 2104.101 unless, by a majority vote, the court finds, from a preponderance of the evidence presented at the hearing, that:
(1)  the permit application contains false or misleading information;
(2)  required information is omitted from the application;
(3)  the promoter does not have sufficient financial backing or stability to:
(A)  carry out the preparations described in the application;  or
(B)  ensure the faithful performance of the promoter's agreements;
(4)  the preparations described in the application are insufficient to:
(A)  protect the community or the persons attending the outdoor music festival from health dangers;  or
(B)  avoid a violation of Chapter 341, Health and Safety Code;
(5)  the times of the festival and the festival location create a substantial danger of congestion and disruption of other lawful activities in the immediate vicinity of the festival;
(6)  the preparations described in the application are insufficient to limit the number of persons attending the festival to the maximum number stated in the application;  or
(7)  the promoter does not have adequate agreements with performers to ensure with reasonable certainty that persons advertised to perform at the festival will appear.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2104.105.  EFFECT OF PERMIT.  A permit issued under this chapter authorizes the promoter to hold an outdoor music festival at a specified location at specified times.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2104.106.  PERMIT REVOCATION.  (a)  At any time before the fifth day before the date of the first performance of the outdoor music festival, the commissioners court may, after reasonable notice to the promoter and a hearing, revoke the permit on a finding, by a majority of the court, that:
(1)  the preparations for the event will not be completed in time for the first performance;  and
(2)  the failure to carry out the preparations will result in a serious threat to the health of the community or persons attending the festival.
(b)  A permit may not be revoked during the period beginning with the fifth day before the date of the first performance of the festival and ending with the final day of the festival.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2104.107.  APPEAL.  (a)  A person affected by an action of the commissioners court in granting, denying, or revoking a permit issued under this chapter may appeal the action by filing a petition in a district court in the county in which the commissioners court presides.
(b)  The district court shall review the action of the commissioners court under the substantial evidence rule.
(c)  An appeal under this section does not suspend an action of the commissioners court unless the district court orders a suspension.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. PENALTIES

Sec. 2104.151.  PROHIBITED ACTS;  CRIMINAL OFFENSE.  (a)  A person may not act as a promoter of an outdoor music festival unless the person registers with the county clerk of the county in which the festival is to be held.
(b)  A person may not direct, control, or participate in the direction or control of an outdoor music festival unless the festival is authorized by a permit issued under this chapter.
(c)  A person commits an offense if the person violates this section.
(d)  An offense under this section is a misdemeanor punishable by:
(1)  confinement in a county jail for a term not to exceed 30 days;
(2)  a fine not to exceed $1,000;  or
(3)  both the fine and confinement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.