In this subtitle the following words have the meanings indicated. “Health officer” means the health officer for the county where an outdoor musical festival will be held. “Outdoor musical festival” means an event at which a group of individuals participates in musical entertainment: in an open space; not in a permanent structure; and not on publicly owned property. “Promoter” means a person who: organizes, operates, produces, or stages an outdoor musical festival; or owns or leases property where an outdoor musical festival is held. “Promoter” does not include the State or a political subdivision of the State. “Promoter license” means a license issued by the clerk to act as a promoter.

This subtitle does not apply in Baltimore City or Allegany, Howard, and Montgomery counties. This subtitle does not apply to an outdoor musical festival held in: Carroll County by a college or public school; or Kent County by a nonprofit agricultural, charitable, civic, fraternal, religious, social welfare, or war veterans’ organization operating in Kent County. In Anne Arundel, Baltimore, Calvert, Caroline, Cecil, Charles, Dorchester, Garrett, Harford, Prince George’s, Somerset, St. Mary’s, Talbot, Wicomico, and Worcester counties, this subtitle applies only to an outdoor musical festival with 1,000 or more spectators in attendance. In Carroll, Frederick, Kent, Queen Anne’s, and Washington counties, this subtitle applies only to an outdoor musical festival with 500 or more spectators in attendance. This subtitle applies only if admission is charged to attend the outdoor musical festival.

Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person must have a promoter license whenever the person acts as a promoter in the State.

An applicant for a promoter license shall: pay to the clerk a license fee of $500; and get a health permit from the health officer. An applicant for a health permit shall: post a bond in accordance with § 17–1405 of this subtitle; establish adequate health facilities and sanitation in accordance with any regulations adopted by the Maryland Department of Health to govern outdoor musical festivals; and show that the applicant has obtained approval of the local law enforcement unit. Approval of a local law enforcement unit under subsection (b)(3) of this section shall be based on the applicant’s ability to provide: adequate security for the safety of spectators and their property; adequate arrangements for the orderly flow of traffic to, at, and from the outdoor musical festival; and adequate security for those persons who might reasonably be affected by the outdoor musical festival and for their property. Paragraph (1)(iii) of this subsection does not apply in St. Mary’s County.

In St. Mary’s County, this section does not apply if the promoter owns the property where the outdoor musical festival will be held. Except as provided in paragraph (3) of this subsection, each promoter shall post a cash bond with the application for a health permit. The amount of the bond: shall be determined by the health officer; but may not exceed: $25,000 in Frederick and Washington counties; or $50,000 in the other counties to which this subtitle applies. In St. Mary’s County, a promoter may pledge real or personal property instead of posting a cash bond if the promoter submits to the health officer a verified financial statement confirming that the fair market value of the pledged property equals or exceeds the amount of the bond required. The health officer: shall keep the bond until 30 days after the end of the outdoor musical festival; and after that time, shall return to the promoter any money that has not been used and is not needed to satisfy pending claims. If, within 72 hours after an outdoor musical festival ends, the promoter fails to remove all trash, and to begin repair of any damage to property, including crops and livestock, that the outdoor musical festival or its spectators caused or created, the health officer may use as much of the bond as necessary to remove the trash and repair the damage. This subsection does not affect any common law remedy that the person has against the promoter. Any person who has a claim against the bond shall submit the claim to the health officer within 30 days after the outdoor musical festival ends. If a claim is submitted, the health officer shall determine and keep the amount necessary to cover the claim.

Except as otherwise provided in this subtitle, a person may not act as a promoter in the State unless the person has a promoter license. A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 6 months or both.