Permitting Issues Weigh Down Underwater Music Fest

The recent may have been a rousing success on the surface. But murky behind-the-scenes issues surrounding permits for the event could still land organizers in hot water with Pierce County.

According to the county's Executive Director of Justice Services, Al Rose, the event officials knowingly held the concert without filing a mandatory permit required by county law.

Now the Pierce County Sheriff's Department is putting together a report to send to the prosecutor's office, which will decide whether legal action will be taken, said public information officer Det. Ed Troyer. 

Although this was the third year for the festival, it was chief organizer Sean Hensley’s first year planning the multiple-band, on-the-water concert. He said he was not aware of any permitting requirements until 10 days before the Aug. 20 event.

That’s when the county first found out about the festival and approached Hensley. A park ranger from  contacted the county executive's office after seeing the event's Facebook page. The ranger expressed concern about traffic in the park, given the large number of people who had used Kopachuck's parking lot at the 2010 Underwater Music Festival. The sheriff's department issued a letter to Hensley on Aug. 11 warning him that without the permit, the event could not take place.

According to Craig Adams, Pierce County deputy prosecuting attorney and legal adviser to the sheriff, the festival's organizers over the past three years have failed to apply a permit with the Pierce County Audtior's Office. He said the organizers needed either one of the two required permits with the Pierce County Auditor's Office: a $3,000 Outdoor Public Music Festival permit (see pages 14, 105-112 of the PDF, Pierce County Code (PCC) 5.42) or an Aquatic Event permit (see page 173 of the PDF, PCC 8.88). He also said the organizers were required to post a bond to cover for any potential injuries or damages at the festival.

Under the outdoor public music festival code, the application must be submitted 30 days prior to the day of the event in order for the Pierce County Land and Planning Services and Sheriff's Department to review the plans for traffic, safety and sanitation. They also have to make sure the event doesn't interfere with those who do not attend the festival.

"The purpose of a permit is to assure that the county and the taxpayers don't end up footing the bill for these kind of things," Adams said.

Five days before the festival, Hensley, the manager for Gig Harbor band Perry Acker, said he tried to obtain an application for the aquatic event permit, but that the auditor's office was unable to provide him with a physical copy or tell him how much he owed.

Patch couldn’t locate this permit application either or find anyone, other than Rose and Adams, who knew what it was. Deputy Auditor Lori Augino said the county auditor doesn't have an aquatic event permit. But she added that Hensley only asked for the Outdoor Public Music Festival permit.

Hensley, however, said he was ultimately told by an attorney that the outdoor festival permit only applied to events held on land.

"We had 10 days to make it right, and we did everything possible," Hensley said. "(The county) wanted to issue us a land permit that did not apply to the event."

Instead, the event organizer obtained a free permit with the U.S. Coast Guard, which included eight volunteer safety patrols. Hensley said he also purchased insurance in case of an accident at the event.

"We tried to be in compliance with Pierce County, and three different departments gave us three paths to get a permit," he said. "If they could have provided me with an aquatic permit, and it was $3,000, we would have paid it.”

But Pierce County says any event held in the county—on land or water, for profit or non-profit—without a permit violates the law.

"We have people applying for permits every day, and it's never been a problem," Rose said.

Despite several emails and phone calls from county officials and the Sheriff's Department, as well as a proposal to expedite the event’s paperwork, Rose said they got no response from Hensley beyond an initial inquiry into the permitting process Aug. 15.

County officials said they later learned that the event was still on by reading the posts on the festival’s Facebook page and other media coverage.

For safety reasons, the Sheriff's Department went ahead and sent a patrol boat out to the daylong concert. Troyer said deputies arrested two boaters for boating under the influence of alcohol. They also caught several under-aged kids on Jet Skis and boats without enough lifejackets.

"We sure don't want to ruin an event that could be good for the community. We just want to make sure the event is done correctly," he said. 

The Aug. 20 festival, which featured five bands, including Gig Harbor's Perry Acker, drew more than a thousand people and 200 boats to the waters near and Kopachuck. Through donations, the event raised about $1,500 for the nonprofit Girls Campaign, which supports girls and women in developing countries. Rose said the money raised is not affected by the permitting issues.

"We believe that we were doing everything we could do to assist them, but they just chose not to get the permit," Rose said. "It sends a bad message to say we're going to just allow people to violate the law, no matter for what reason."

According to the law, those who violate the permitting rules can face fines and/or up to 90 days in jail. If prosecutors decide to take the matter to court, Adams said the court could also order Hensley to reimburse the county for the patrol boats at the festival.

"We're going to have a meeting with the county now that it's all over and try and get them to clarify the jurisdiction for next year,” Hensley said. “If they can prove that they have regulations over the water that we're in, then we'll gladly do whatever they want us to do.”