Delaware Code Title 28 Sec. 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 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.
Terms Used In Delaware Code Title 28 Sec. 926
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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. See Delaware Code Title 28 Sec. 925
- Personal property: All property that is not real property.
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(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;