(A) Permission from the city in the form of a permit is required for special events on public property, including the beach, that are expected to involve more than 25 people. Applicants for special event permits must be at least 21 years old. Weddings on the beach with fewer than 25 people in attendance as well as events in the Folly River Park are exempt from this requirement but must provide the following as notice to the city: the time, place, duration, and nature of the event and the number of expected participants, and the name and contact information, including cell phone numbers, of the person or persons who will be responsible for responding to complaints or handling problems.
(B) Criteria for approval of special events on public property.
(1) Other than weddings on the beach, in the Community Center, or at the Folly River Park, special events on public property must accomplish at least one of the following objectives:
(a) Have a positive impact on the quality of life for residents;
(b) Enhance the image of the city;
(c) Benefit the city financially; and
(d) Promote tourism or benefit the business community between September 10 and April 30.
(2) No special event on public property shall be approved if it will:
(a) Threaten the environment or endanger wildlife;
(b) Interfere with the public’s use of any street or the beach for more than half a block of the beach between March 1 and September 9;
(c) Involve a run or a race between March 1 and September 9; or
(d) Require more city services, such as traffic control and litter cleanup, than the city is willing to provide.
(3) All times and routes for runs and races that require City Council approval shall be approved by Public Safety prior to application to Council for a city permit. Public safety shall develop pre-approved routes.
(4) The sponsor of an event that requires city approval, other than weddings on the beach, in the Community Center, or at Folly River Park shall provide the total number of participants to the City Administrator within one week after the event. An event whose participants significantly exceed the estimated number of participants in the event application may be denied future approval.
(C) Special events that require a permit from the Department of Public Safety.
(1) A permit from the Department of Public Safety is required for a special event, other than weddings, at the Folly River Park or the Community Center that is expected to have more than 25 participants.
(2) A permit from the Department of Public Safety is required for all other special events on public property, including the beach, that are expected to have 26-75 participants, except:
(a) Events that must be approved by City Council and permitted by the city;
(b) Funeral processions proceeding by vehicles using the most reasonable route from a funeral home, church, or residence of a deceased to the place of service or internment;
(c) Peaceful demonstrations at fixed locations that are not streets, sidewalks, or rights-of-way; and
(d) Weddings on the beach, in the Community Center, or at Folly River Park that are approved by the Special Events Committee.
(3) Applications for permits must be submitted to the Director of Public Safety at least two weeks before the event, unless the Director agrees to a shorter period.
(4) Upon receipt of a complete application for a special events permit, the Director of Public Safety shall consider the application in light of the rules for special events and notify the applicant within three days, excluding Saturdays, Sundays, and legal holidays, of the Director’s decision to approve or deny the event application and the applicant’s right to appeal a denial to City Council.
(5) After approving a special event application and issuance of a permit, the Director of Public Safety shall send a copy of the application to the City Administrator who shall promptly notify any city employees (other than public safety employees) who are likely to be involved in or affected by the special event.
(D) Special events that require approval by City Council or the Special Events Committee and issuance of a permit by the city.
(1) Approval by City Council and issuance of a permit by the city is required for the following special events;
(a) Events involving more than 75 people on the beach or city property except events in the Folly River Park or the Community Center and all weddings on public property;
(b) Events involving any street closure or likely impairment of vehicular or pedestrian traffic;
(c) Events involving the use of city resources, such as funding, traffic control, security, setting up, or cleaning up;
(d) Events requesting a waiver of the open container law or other laws, and
(e) Events that would be sponsored in whole or in part by the city.
(2) Applications for Council approval of an event must be submitted to the Clerk of Council at least 60 days before the event, unless the City Administrator agrees to a shorter period.
(3) City Council shall consider an application for a special event permit in light of the rules for special events and may:
(a) Deny the application;
(b) Approve the application and authorize staff to issue a permit;
(c) Provisionally approve the application and authorize staff to issue a permit subject to review by the Staff Event Planning Committee; or
(d) Postpone action and refer the application to the Staff Event Planning Committee for its review and recommendations.
(4) If an applicant requests city funds or other resources to be used to support a special event (for example, services performed by public safety or public works employees), City Council shall not give final approval to the application and authorize issuance of a permit until the comptroller has provided Council with a general estimate of the costs to the city.
(5) If Council approves an application subject to review by the Staff Event Planning Committee:
(a) The Committee shall meet as soon as possible to discuss the proposed event with the applicant;
(b) The Committee may designate one or more people to work with the applicant on any issues that the Committee wants to resolve; and
(c) If the Committee or any member of the Committee has concerns about an event that are not satisfactorily addressed by the event’s organizers, the Committee or any Committee member may ask City Council to address such concerns and, possibly, to deny or withdraw the permit and approval of the event.
(6) If Council approves an application and authorizes staff to issue a permit for an event that will involve the Staff Event Planning Committee and the Committee is satisfied with the organizer’s plans for the event, the Committee shall:
(a) Work out logistics for the event; and
(b) Create a map showing road closures, placement of music, and any other detail that will help identify the various happenings on the day of the event. A copy of the map shall be given to the Mayor and members of City Council, members of the Committee, any businesses involved, and the permit applicant.
(7) Approval by the Special Events Committee and issuance of a permit by the city is required for weddings on the beach, in the Community Center, or in the Folly River Park with greater than 25 participants.
(E) Information to be submitted in applications for special event permits. The following information shall be submitted in applications for special event permits:
(1) Name of the event;
(2) Names and contact information of the permit applicant and any event sponsors;
(3) Name and contact information, including cell phone numbers, of the person or persons who will be responsible for responding to complaints or handling problems;
(4) The purpose of and a description of the event, including an explanation of any significant changes from previous holdings of the event;
(5) The location of the event;
(6) The proposed dates and times of the event including times for setting up and taking down;
(7) The expected number of participants in the event;
(8) If any part of the event is to be held on private property, a statement signed by the owner of the property that gives permission for the event to be held on the property;
(9) The amount of city funds or other resources requested, if any, and why.
(10) If the event is for a charity, the names of any potential beneficiaries of the event; and
(11) Any other information requested by the City Administrator or the Director of Public Safety.
(F) Process for planning pre-approved events.
(1) The following events are pre-approved by City Council: The Civic Club’s Halloween Carnival. (The Easter Promenade, Christmas Parade, and the Flip Flop Drop are also pre-approved, but they are city-sponsored events and exempt from this process.)
(2) If an event is pre-approved, the Staff Event Planning Committee shall meet with the event’s organizers to discuss plans for the event and to work out logistics for the event and to issue a permit for the event. The organizers shall provide the names and contact information, including cell phone numbers, of the person or persons who will be responsible for responding to complaints or handling problems.
(3) Pre-approved events are exempt from the cost estimate requirement in § 153.06(D)(4), however, if the Committee or any member of the Committee has concerns about the event that are not satisfactorily addressed by the event’s organizers, the Committee or any Committee member may ask City Council to address such concerns and, possibly, to withdraw approval of the event.
(4) When the date and general details for the event are known, the Clerk of Council shall provide this information to the Mayor and City Council.
(5) The event organizer must provide a list of all vendors, entertainers, exhibitors, performers, or sub-contractors (hereinafter "vendors") that will be involved in the event no later than 48 hours prior to the event and, if requested, provide proof of insurance for same. All such vendors must obtain a city business license.
(6) The event's organizers shall enter a lease with the city to lease the premises to be used during the event. The lease will include the following requirements:
(a) The lease amount will be $1;
(b) The event organizers will indemnify and hold harmless the city for all damage to property owned or under the control and management of the city;
(c) The event organizers will indemnify and hold harmless the city for all claims made against the city arising from or related to the event;
(d) The city will be named as an additional insured on all insurance policies acquired by the event organizer and covering the event;
(e) All such insurance policies shall provide primary coverage to the city;
(f) The event organizer will comply with all city ordinances and policies; and
(g) Shall contain such other provisions as required by the Staff Event Planning Committee or City Attorney.
(G) Conditions may be imposed for special events that require city approval. The following conditions may be imposed to reduce or minimize potential adverse impacts of special events that require city approval, including pre-approved events:
(1) Provision of temporary parking facilities, including vehicular access and egress;
(2) Control of nuisance factors, such as but not limited to, the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat;
(3) Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
(4) Provision of sanitary and medical facilities;
(5) Provision of solid waste collection and disposal;
(6) Provision of security and safety measures;
(7) Use of an alternative location or date for the proposed special event;
(8) Modification or elimination of certain proposed activities;
(9) Regulation of operating hours and days, including limitation of the duration of the special event to a shorter time period than that requested;
(10) Submission of a performance guarantee to ensure that any temporary facilities or structures used for such proposed special event will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;
(11) Insurance; and
(12) Any other conditions that are deemed necessary to reduce or minimize any potential adverse impacts upon the quality of life of residents or other property in the area.
(H) Reports required after city-funded events are completed. If city funds are used to support an event, the event’s sponsor shall submit an accounting to the City Comptroller of how city funds were used within 30 days after the event is held. If the event is a charitable event, the accounting shall also include the amount donated to the agency or individual(s) named as the beneficiary of the event. The City Comptroller shall then report to City Council.
(I) Payment of fees.
(1) When an application to hold a special event is approved, the applicant shall pay the appropriate fee, as per the event fee schedule, if any has been set by City Council. The fee shall be determined by the public safety resources needed, the number of participants expected, the nature and length of the event, and the cost of any additional city services. The fee amount should be made available to City Council prior to presentation.
(2) If a security deposit or other advance fee is required for a special event on public property, the payment of such fee shall be made when the special event application is submitted. Security deposits and other refundable fees shall be returned within 15 days following the event if the event location is left clean and free of damage.
(3) Payment of all fees must be made in full before the event begins.
(4) A security deposit shall be forfeited unless the city is notified that an event is cancelled at least seven days before the event is scheduled, unless the cancellation is due to circumstances beyond the control of the applicant, e.g., acts of God or verifiable emergencies.
(J) Clerk of Council to maintain records of special events. The Clerk of Council shall keep a copy of all approved special event applications and permits issued and shall be responsible for having special events, including pre-approved and city-sponsored events, added to the calendar on the city’s website.
(K) Insurance.
(1) Insurance requirements for “high risk” events. Applicants for special events involving “high risk” activities must comply with division (K)(2) below and also require commercial or licensed vendors, caterers, or providers of any listed “high risk” activity to obtain and provide proof of appropriate liability insurance of at least $1,000,000 and appropriate workers compensation insurance. Proof of such insurance will be attached to the application and reviewed by the Municipal Clerk. This insurance will be attached to the application and reviewed by the Municipal Clerk. This insurance is required for special events that involve “high risk” activities, unless City Council waives or alters this requirement. “High risk” activities include the following activities, as well as any other activities determined to be “high risk” by City Council:
(a) Fireworks (permission from City Council and the Department of Public Safety is required);
(b) Inflatable play structures such as “jump castles”;
(c) Traveling carnivals and circuses;
(d) Mechanical rides;
(e) Animal rides;
(f) Petting zoos;
(g) Trampolines;
(h) Bungee cords and other activities involving rebounding equipment; and
(i) Special events at which alcohol will be served by a licensed or commercial vendor or caterer.
(2) Insurance requirements for high risk events, street closure events, and sporting events. An applicant for a special event that is a high risk event, a sporting event, or will involve a street closure must possess or obtain its own comprehensive general liability insurance from no less than an A-rated company, naming the city as an additional insured and the applicant as an insured, and also third party property damage coverage protecting the city's property from damage incurred at the event. The street closure applicant's special event insurance shall include the following:
(a) Types of insurance required and limits.
1. General aggregate limit of at least $1,000,000;
2. Each occurrence limit of at least $1,000,000;
3. Damage to premises limit of at least $100,000;
4. If the applicant has paid employees, workers' compensation insurance with a limit of at least $1,000,000;
5. If the applicant intends to provide public transportation to attendees, commercial auto liability insurance with a general aggregate limit of at least $1,000,000; and
6. A. If alcohol will be consumed at the event, liquor liability coverage with a general aggregate limit of $1,000,000 and an each occurrence limit of $1,000,000.
B. The policies will not have "declining limits" that will be reduced by payment of attorneys' fees and litigation costs.
(b) Required insureds. The following entities shall be named as insureds or additional insureds on the commercial liability policies and, if required, the liquor liability policies:
1. The City of Folly Beach; and
2. The applicant.
(c) Required terms coverage. All commercial liability and liquor liability policies must include the following coverage, whether by original policy or by endorsement:
1. Coverage of a public agency, state or governmental agency or subdivision or political subdivision that has issued a permit or authorization as an additional insured;
2. If volunteers are used, coverage for volunteer workers;
3. If a premises endorsement is included, all locations at which the event takes place will be identified as the premises; and
4. For special events required to obtain liquor liability coverage, if a premises endorsement is included, it shall provide coverage for injuries that are a direct result of the selling or furnishing of any alcoholic beverage at the insured premises.
(d) Prohibited limiting endorsements and exclusions. No liability policies shall include the following limiting endorsements or exclusions:
1. Exclusions for any attendees or participants other than exclusions for participation in activities listed in division (e) below;
2. Exclusions of all injuries arising from the use of automobiles. However, coverage for automobiles owned, maintained, used, rented, leased or borrowed by any insured is not required; and
3. Assault and battery exclusions.
(e) Coverage for vendors, entertainers, exhibitors, performers, or sub-contractors. The applicant shall require and confirm that the following types of vendors, entertainers, exhibitors, performers, or sub-contractors (collectively referred to as "vendors"), have their own liability insurance of at least $1,000,000 and appropriate workers compensation insurance or, in the alternative, are named insureds under the applicant's policy:
1. Vendors providing food or beverages;
2. Vendors providing amusement devices, amusement rides, mechanical rides, inflatable devices, fireworks, climbing walls, athletic activity, physical activity, or sport, structures, such as bleachers or grandstands, or any other "high risk" activity listed in division (K)(l);
3. Vendors providing security for the event;
4. Any vendor providing public transportation for the event; and
5. Any other vendor designated by the Staff Event Planning Committee.
The Staff Event Planning Committee or City Attorney may require specific vendors to obtain event insurance with terms similar to those required of the event organizer and/or have the city named as an additional insured.
(f) Proof of insurance. The applicant shall submit to the city at least 30 days prior to the event the policies, including all endorsements, and a certificate of insurance showing the applicant and the city as named or additional insureds. Upon demand, the applicant will also provide proof of insurance for its vendors set forth in division (K)(2)(e).
(3) Insurance requirements for sporting events. Applicants for special events involving any sort of sporting events that involve physical contact between contestants or sporting events that involve persons running, walking, or bicycling on public property must comply with the insurance requirements of division (K)(2) above and obtain and provide proof of appropriate liability insurance of at least $1,000,000 and appropriate workers compensation insurance. Proof of such insurance will be attached to the application. This insurance is required for sporting events unless City Council waives or alters this requirement.
(4) Review by City Attorney and City Administrator. If, in the opinion of the City Attorney and the City Administrator, the required insurance policy or policies:
(a) Do not comply with these requirements;
(b) Include provisions, exclusions, or endorsements that circumvent the requirements;
(c) Include terms that do not accurately reflect and address the special event, the activities taking place during the special event, or the risks presented by the special event; or
(d) Otherwise present an unacceptable risk to the city, then the city may require additional insurance, a revised policy, or withdraw approval for the special event.
(5) Indemnity. Regardless of any insurance requirements, event organizers and vendors shall be required to indemnify and hold harmless the city and its officers and employees for all damage to property owned or under the control and management of the city and for all claims made against the city arising from or related to the event.
(6) All organizers of special events are encouraged to obtain insurance. Even if the city does not require an event to be insured pursuant to this division or § 153.06(G)(11), all organizers of special events on public property are encouraged to obtain insurance that covers bodily injury and property damage, as well as any liability arising out of the use of alcoholic beverages during the event.
(L) Recycling collection required. Sponsors of special events must provide proof of coordination with Charleston County Environmental Management, or a suitable alternative arrangement, for the provision of recycling containers and post-event pick up of recyclable materials. Recyclable materials must be delivered to a recycling facility for recycling, not to a landfill for disposal.
(Ord. 26-13, passed 2-25-14; Am. Ord. 20-14, passed 11-11-14; Am. Ord. 29-15, passed 1-12-16; Am. Ord. 17-16, passed 7-12-16; Am. Ord. 08-17, passed 4-11-17; Am. Ord. 07-17, passed 6-13-17; Am. Ord. 22-17, passed 8-8-17; Am. Ord. 29-17, passed 10-10-17; Am. Ord. 001-22, passed 2-8-22; Am. Ord. 004-22, passed 3-8-22; Am. Ord. 016-22, passed 5-10-22; Am. Ord. 006-23, passed 4-11-23)
Cross-reference:
S.C. Code § 5-7-140 gives the city the authority to enforce its ordinances one mile seaward of the high-tide line.