TITLE 28

Sports and Amusements

CHAPTER 9. MISCELLANEOUS PROVISIONS

Subchapter II. Outdoor Musical Festivals


As used in this subchapter:

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

(2) "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;

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

28 Del. C. 1953, § 925; 57 Del. Laws, c. 466, § 1.;

(a) No promoter shall hold or conduct any outdoor musical festival where spectators will be present without first obtaining permits from the Division of Public Health, or its successor and the Superintendent of the State Police, except that in incorporated municipalities of more than 5,000 persons the chief of police of that incorporated area shall be the person to issue such permit instead of the Superintendent of the State Police.

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

(1) The promoters post a cash bond in an amount to be determined by the Division, not to exceed $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 Division of Public Health.

(c) The Superintendent of the State Police, or the chief of police of any incorporated municipality of more than 5,000 persons, shall not issue a permit until the promoter 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 Division of Public Health shall retain the bond required in subsection (b) of this section for a period of 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 72 hours after its termination, then, in that event, the Division of Public Health may use as much of the bond money as is needed to remove the trash, debris or residue and repair the damage to personal property, real property, crops or livestock. Any moneys unexpended from the bond shall be returned by the Division of Public Health to the promoter 30 days after termination of the outdoor musical festival.

28 Del. C. 1953, § 926; 57 Del. Laws, c. 466, § 1; 57 Del. Laws, c. 614, §§ 1-3; 70 Del. Laws, c. 147, § 29.;

No promoter shall obtain a license pursuant to § 2301 of Title 30 until the promoter has first obtained the permits required by § 926 of this title.

28 Del. C. 1953, § 927; 57 Del. Laws, c. 466, § 1; 70 Del. Laws, c. 186, § 1.;

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

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

28 Del. C. 1953, § 928; 57 Del. Laws, c. 466, § 1; 70 Del. Laws, c. 186, § 1.;