Sec. 10.16.05.09. Bond Requirements

A. In St. Mary's County, this regulation does not apply if the applicant owns the property where the outdoor musical festival is held.

B. Amount of Bond.

(1) Except as provided in §§A and B(2) and (3) of this regulation, an applicant shall post with the application for a health permit a cash bond in an amount to be determined by the health officer.

(2) The health officer may not set a bond in excess of:

(a) $25,000 in Frederick and Washington counties; and

(b) $50,000 in the other counties to which this chapter applies.

(3) In St. Mary's County, an applicant may pledge real or personal property instead of posting a cash bond if the applicant 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.

C. The health officer shall:

(1) Keep the bond until 30 days after the end of the outdoor musical festival; and

(2) Return to the applicant any money that has not been used and is not needed to satisfy pending claims.

D. 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 caused or created by the outdoor musical festival or its spectators, including crops and livestock, the health officer may use as much of the bond as necessary for the:

(1) Removal of the trash; and

(2) Repair of the damage.

E. A 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.

F. If a claim is submitted, the health officer shall:

(1) Determine the validity of the claim and, if justified, the amount of money needed to cover the claim; and

(2) Pay from the bond the amount necessary to cover the claim.