CHAPTER 466

AN ACT TO AMEND CHAPTER 9, TITLE 28, AND CHAPTER 23, TITLE 30, DELAWARE CODE, BY PROVIDING FOR THE ISSUANCE OF PERMITS, LICENSE AND LICENSE TAXES FOR OUTDOOR MUSICAL FESTIVALS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 9, Title 28, Delaware Code, is amended by adding thereto the following new sections:

SUBCHAPTER II. OUTDOOR MUSICAL FESTIVALS

As used in this subchapter —

§ 925. Definitions

"Outdoor musical festival" means any group or groups of persons participating in musical entertainment in open spaces and not in a permanent structure.

"Promoter" means the organizer, operator, producer, or the person or persons, or corporation staging the outdoor musical festival; and the owner, tenant, and lessee of the land upon which the outdoor musical festival is performed.

"Spectator" means a gathering of 1,000 or more persons who pay a consideration for the purpose of viewing and/or hearing the outdoor musical festival.

§ 926. Permits for outdoor musical festival

(a) No promoter shall hold or conduct any outdoor musical festival where spectators will be present without first obtaining permits from the State Board of Health, or its successor, and the Superintendent of the State Police.

(b) The State Board of Health shall not issue a permit until the following provisions are met:

(1) The promoters post cash bond in the amount of $50,000, and

(2) The promoters establish adequate sanitation and health facilities that are in accordance with the rules and regulations governing outdoor musical festivals adopted by the said State Board of Health.

(c) The Superintendent of the State Police shall not issue a permit until the promotor furnishes evidence that he has provided: (1) adequate security for the safety of the spectators and their property, and (2) adequate arrangements for the' orderly flow of traffic to, at, and from the outdoor musical festival.

(d) The said State Board of Health shall retain the bond required in subsection (b) above for a period of thirty (30) days after the outdoor musical festival has terminated. In the event the promoters fail to remove all trash, debris, or residue and repair any damage to personal property, real property, crops or livestock belonging to another person created or caused by the outdoor musical festival or the spectators, within seventy-two (72) hours after said termination, then in that event, said State Board of Health may use as much of said bond money as is needed to remove said trash, debris or residue and repair said damage to personal property, real property, crops or livestock. Any moneys unexpended from said bond shall be returned by said State Board of Health to the promoter thirty (30) days after termination of the outdoor musical festival.

§ 927. License

No promotor shall obtain a license pursuant to § 2301, Title 30, Delaware Code, until he has first obtained the permits required by §926 of this Title.

§ 928. Violations and penalties

(a) Any persons or corporation who organizes, operates, produces, stages or permits an outdoor musical festival to be organized, operated, produced or staged on land in which he or it owns or leases without having first obtained the required permits and license shall be guilty of a felony and be fined not less than $3,000 nor more than $5,000 and may be imprisoned not more than six (6) months.

(b) Jurisdiction over this offense shall be in the Superior Court.

Section 2. Amend Section 2301 (a), Title 30, Delaware Code, by adding thereto the following:

Outdoor musical festival, promoter $500.

"Outdoor musical festival promoter" includes every person engaged in the business of organizing, operating, producing or staging musical entertainment in open spaces and not in a permanent structure for a gathering of 1,000 or more persons who pay a consideration or admission charge to view and/or hear such musical entertainment.

Approved May 28, 1970.