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Note: Missing finding numbers detected: F7, F9, F14, F17, F18, F26, F37
Findings and Recommendations 34 findings
F1
Several departments in Mendocino County are involved in issuing permits and collecting fees. The principal departments responsible are: Mendocino County Treasurer-Tax Collector, Planning and Building Services, Environmental Health Division, and Mendocino County Sheriff’s Office.
No recommendations for this finding
F2
Any organized festival or event in Mendocino County requires a permit.
No recommendations for this finding
F3
MCSO staff could not recall that any citation has ever been issued for a festival or event that was held without a permit.
Related Recommendations (2)
R1
Mendocino County Planning and Building Services continue to enforce County Codes, (Finding 3)
R8
Mendocino County Planning and Building Services require a Code Enforcement Officer to cite organizers of non-permitted events. (Finding 3)
F4
Each department has different permit requirements, depending on the location, type of event, and the number of people attending.
Related Recommendations (1)
R2
departments involved in issuing permits establish uniformity in their permit process and requirements, (Finding 4)
F5
Functions on private property - such as weddings, and non-profits who serve only their own members and guests but not the general public, are exempt from the permitting process.
No recommendations for this finding
F6
Conditions contained within a permit may include: food handling/safety facility use sanitation (port-a-potties, waste disposal) security/fire prevention/electrical traffic control alcohol 7. The departments involved in issuing Outdoor Festival Permits calculate the cost of the fees differently. Some use hourly rates, others divide the total work by the cost of employees’ time and/or charge for the prorated use of equipment and inspections.
No recommendations for this finding
F8
California Proposition 218, approved by voters in November 1996, state ”…the amount of the fee may not exceed the cost of the government to provide the service.” 2 Findings - Mendocino County Treasurer-Tax Collector 9. Veterans and non-profit organizations, under Mendocino County Code, Title 6, Chapter 6.16, Section 6.16.080, are exempt from Outdoor Festival Permit fees with proper documentation. Veterans must provide a copy of Form DD-214 with the application; non-profit organizations must provide their Federal Tax ID Number and Articles of Incorporation with the application.
No recommendations for this finding
F10
The MCTTC issues an Outdoor Festival License intended to protect the health and safety of the public. The current fee schedule for Outdoor Festival License issued by the MCTTC has remained the same for the last 30 years.
Related Recommendations (1)
R3
Mendocino County Board of Supervisors revisit Resolution 80-406 and County Code 6.16, to resolve the conflict found in the Outdoor Festivals fee schedule, (Findings 10, 12-13)
F11
The MCTTC issues six to seven Outdoor Festival Licenses each year; however, most applicants are non-profit and the MCTTC receives no fee for the service provided.
No recommendations for this finding
F12
Mendocino County Code, Title 6, Chapter 6.16, Section 6.16.10, establishes the Outdoor Festival License for events of 1000 or more persons attending festivals, with or without the payment of admission charges. Resolution 80-4061, passed by the Board of Supervisors in 1980, establishes fee for service including for less than 1000 people based on actual cost of providing specific County services.
Related Recommendations (1)
R3
Mendocino County Board of Supervisors revisit Resolution 80-406 and County Code 6.16, to resolve the conflict found in the Outdoor Festivals fee schedule, (Findings 10, 12-13)
F13
The MCTTC fee schedule for Outdoor Festival License is based on daily attendance: 0-499 people $ 50 500-749 people $ 75 750-999 people $ 100 1000 or more people $150 14. Fairgrounds operated by the State of California, County of Mendocino, or other public entities are exempt from fees.
Related Recommendations (1)
R3
Mendocino County Board of Supervisors revisit Resolution 80-406 and County Code 6.16, to resolve the conflict found in the Outdoor Festivals fee schedule, (Findings 10, 12-13)
F15
The application for an Outdoor Festival License shall be filed with the MCTTC no later than three weeks prior to the event, and shall be accompanied by a non- refundable fee. Applications must be accompanied by either a Use Permit or Administrative Permit from P&BS, if applicable.
No recommendations for this finding
F16
Property zoned General Commercial (C2), requires no permit from P&BS; organizers may be required to pay a license fee to the MCTTC. Findings - Planning and Building Services 17. A temporary Use Permit is required for a circus, carnival, concert, religious assembly, or other forms of entertainment with a temporary structure, and may be permitted in any location except for residential areas zoned R1 and R2. See attached Appendix A 3 18. Permits issued to festival organizers by the Mendocino County Planning and Building Services use the following criteria: • if the crowd is under 100 persons, no permits are required, • if the crowd is over 100 persons, but less than 1000, an Administrative Permit may be required, • if the crowd is 1000 or more persons, a Minor Use Permit is required.
No recommendations for this finding
F19
An Administrative Permit fee can be up to $1500; the fee for Use Permits can be up to $4000. Fees may be higher within the coastal zone. Fees are not waived for non-profits or veteran organizations, unless a waiver is granted by the Board of Supervisors.
No recommendations for this finding
F20
A Use Permit requires a different application and process than a standard Building Permit and must be approved by the Board of Supervisors, the Planning Commission, or the Zoning Administrator.
No recommendations for this finding
F21
A permit is required at a public gathering if an admission fee is charged.
No recommendations for this finding
F22
Mendocino County does not require that a festival organizer submit Proof of Insurance for commercial general liability.
Related Recommendations (1)
R4
Mendocino County Planning and Building Services require Proof of Insurance for a temporary Use or Administrative Permit, (Finding 22)
F23
Planning and Building Services reported three Outdoor Festival Use Permits and six Administrative Permits were issued between 2007 and 2010. Temporary permits are not electronically recorded.
Related Recommendations (1)
R5
Mendocino County Planning and Building Services record all temporary permits electronically, (Finding 23)
F24
Outdoor Festival Event Permit applications for annual events may require less time to process; however, the fee charged remains the same.
Related Recommendations (1)
R7
Mendocino County Planning and Building Services permits for annual events, requiring less time to process, be billed at reduced cost, (Finding 24)
F25
Due to budget constraints, Mendocino County has one Code Enforcement Officer stationed on the coast, responsible for several duties, including compliance of Outdoor Festival Permits within the County. Findings - Environmental Health Division 26. Environmental Health Division (EHD) issues permits for community events. The organizer of a festival is required to obtain a Community Event Permit. The fee for less than 15 food vendors is $158; for 15 or more food vendors is $303.
No recommendations for this finding
F27
All vendors who sell food to the general public at special events or festivals require a permit, issued by EHD.
No recommendations for this finding
F28
Each vendor must pay for their own individual permit. Non-hazardous foods (i.e. potato chips) permits are $47, and for potentially hazardous foods (meat, beans, dairy) permits are $64, if the application is filed within 5 days prior to the event. If the application and fee are received less than 5 business days prior to the event, the fee for non-hazardous foods is $84; for potentially hazardous food is $113.
No recommendations for this finding
F29
The permits issued by EHD may have requirements for sanitation facilities based on the number of persons expected to attend.
No recommendations for this finding
F30
The EHD requires fees to be submitted with the original application and cannot 4 accept faxes or photocopies. Temporary food vendors must apply at least five days prior to the event or be assessed a late fee.
No recommendations for this finding
F31
Permits must be clearly posted at each food vendor station.
No recommendations for this finding
F32
Food Handlers Certificates for temporary food vendors are not required.
No recommendations for this finding
F33
When the food inspector discovers a vendor without a permit, or operating with an expired permit, the vendor must pay for the permit on site, including a late fee. If the vendor refuses to pay, the inspector has the authority to require the vendor to leave the event.
No recommendations for this finding
F34
Veterans and non-profits with proper documentation are exempt from fees, but are not exempt from a penalty fee for late submittal of their application.
No recommendations for this finding
F35
The number of street corner produce vendors has increased in the last few years and are often found to be operating without a permit.
No recommendations for this finding
F36
EHD maintains electronic records of the number of permits issued each year for permanent food facilities, including groceries, restaurants, and delicatessens. In 2010, the number of annual permits invoiced was 714. EHD has no readily available information on the number of festival permits issued. Findings - Security and Fire Prevention 37. The Mendocino County Sheriff’s Office (MCSO) may provide law enforcement services for private events. If the deputy is assigned during regular scheduled time, the event coordinator is charged the actual cost. If the deputy is assigned to the event during his day off, then reimbursement is at over-time rate. According to MCSO staff, this arrangement does not compromise public safety.
Related Recommendations (1)
R6
Mendocino County Environmental Health Division record all temporary permits electronically, (Finding 36)
F38
The MCSO does not allow deputies to provide private security services.
No recommendations for this finding
F39
For events where liquor is sold, the MCSO reviews the Alcohol Beverage Control (ABC) applications and checks the applicant’s background for Temporary Liquor Sales.
No recommendations for this finding
F40
MCSO was charging $176 to process the ABC application for alcohol sales. Veterans and non-profit organizations are not exempt from this fee. At the time of the GJ review, the fee schedule is being revised and has not been implemented.
No recommendations for this finding
F41
If a citizen requests, a fire department may provide committed stand-by service at special events for a fee.
No recommendations for this finding
Agency Responses 1
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.