(a) Purpose. Specially designated City of Marion events, Marion Business Association (hereafter referred to as "MBA") events, or events run by outside organizations and approved by the city such as parades, concerts, festivals and other events are defined as any special happening that attracts a large number of people and which continue for variable time periods. Due to the congestion and the duration of such events, the city enacts this article to promote the public health, safety and welfare, and to provide orderly recreation at events to which these provisions are made to apply. The city believes that pistols or other projectiles, such as silly string, and the throwing of flying discs and balls could create undue risk of injury to person and damage property. Additionally, the city desires to permit and regulate the vendors appearing at the events to protect the public safety. Special events frequently feature organized activities, live entertainment, food concessions and many authorized exhibitors who display and offer for sale artwork, crafts, food and related items. The MBA or the appropriate city department, depending on the event, issues permits and/or grants permission to persons desiring to place or maintain booths or concession stands and the City of Marion issues itinerant business licenses to peddlers or roving-type vendors. The exhibition or offering for sale of merchandise or food and beverages by unauthorized vendors poses a threat to the public safety and welfare, interferes with planned traffic flow and the maintenance of order, frequently violates the city zoning code and detracts from the authorized exhibits and concessions.
(b) Applicability. This section shall apply during the times listed on an approved City of Marion application permit for parades, festivals, concerts, picket lines, group demonstrations, and other events, or on the rain dates, if necessary, to cover all of the period of time encompassed by the event provided that no event shall extend beyond 12:00 midnight without the approval of the City Council. The area and boundaries of any city event to which these provisions shall be made to apply shall be determined by the appropriate city department or the MBA as designated by the City Manager or his or her designee, depending on the event, and shall include any public street, sidewalk or other publicly owned area that is within or constitutes the boundary of that event.
(c) Unlawful to operate bicycle or other wheeled vehicle. It shall be unlawful for any person to operate a bicycle, tricycle, unicycle, moped, skateboard or any other wheeled vehicle, roller skates or roller blades (all hereafter referred to as "wheeled vehicle") on or within the boundaries of any event to which these provisions have been made to apply. For purposes of this section, "operate" shall mean the use, putting into action, or causing to function of a wheeled vehicle by a person mounted thereon. This section shall not apply to wheelchairs, baby strollers, or baby carriages.
(d) Unlawful to throw balls, shoot projectiles, etc. except as otherwise permitted herein as part of a permitted or approved activity. It shall be unlawful for any person to shoot projectiles or to toss or throw a ball, flying disc, model airplane or similar object on or within the boundaries of any city event to which these provisions have been made to apply.
(e) Unlawful to use fireworks. It shall be unlawful for any person to purchase, sell, deal in, transport, possess, receive, use or cause to be used or discharged, any fireworks on or within the boundaries of any city event. For the purpose of this section, "fireworks" shall include all devices that are legal or illegal in the State of North Carolina, including items that explode and nonexploding items that produce heat, smoke, noise, light or movement. This section shall not apply to fireworks displays conducted by a licensed professional pyrotechnician contracted by the city or the MBA as part of a city event.
(f) Unlawful to conduct outside sales. It shall be unlawful for any person to exhibit, display, offer for sale or to sell any merchandise or other item, any service, food or beverage from any outside location (hereafter referred to as "outside sales") on public in or within one hundred (100) feet of the boundaries of a city event, without the issuance of a permit or permission by the City of Marion or the Marion MBA. Any person issued a permit to conduct outside sales shall display the permit issued by the City of Marion in a conspicuous place at the location of the outside sales.
(g) City exhibit permits. Upon the request of a law enforcement officer, a city employee or an MBA representative, any person shall produce or exhibit any permit or approval from the MBA or the City of Marion for outside sales or permitted activities at an event so that the city may ensure compliance with this section. The permit may include limits on hours of display issued by the MBA and the City of Marion.
(h) Failure to cease activities. It shall be unlawful for a person on or within the boundaries of an event to which these provisions have been made to apply, to fail to obey the command of a law enforcement officer to:
(1) Cease the operation of a wheeled vehicle;
(2) Cease the shooting or throwing of a ball, flying disc, model plane, or other projectile; or
(3) Cease exhibiting, displaying, offering for sale or selling any merchandise, service, food or beverage, on public property in or within one hundred (100) feet of the boundaries of the city event without a valid permit or written permission from the MBA or the City of Marion.
(i) Exception. This section shall not apply to the operation of a wheelchair for the benefit of the handicapped, to the operation of any wheeled vehicle or the throwing or tossing of any ball, flying disc or other object if the otherwise prohibited activity is part of an authorized exhibit, activity or display. The Executive Director of the MBA or his or her designee or the City Manager or his or her designee as it relates to the event shall have the authority to specify the conditions under which wheeled vehicles may be operated and balls, flying discs, or objects may be thrown or tossed for the protection of the public.
(j) Animals at events. Pursuant to section 3-4 of the City Code, which requires animal owners to keep their dog or cat under restraint, animals, except leashed dogs, or cats or dogs carried by their owners, are prohibited at city events. This section shall not apply to animals in a petting zoo or animal rides if the otherwise prohibited animals are part of an authorized exhibit, activity or display. Service animals must comply with the federal Americans with Disabilities Act (ADA) requirements. Dogs or cats designated under section 3-5 of the City Code as "fierce, dangerous, or vicious" are not permitted within the boundaries of the festival. If any animal exhibits aggressive or vicious behavior at an event, the owner of the animal must remove the animal from the event area upon instruction to do so from designated city or event staff or the festival organizer.
(k) Alcoholic beverages. Alcoholic beverages may not be sold, distributed, possessed or consumed on public streets, sidewalks, alleys, properties or parking lots at specially designated City of Marion, MBA sponsored or city-approved outside organization parades, concerts and festivals and events, or at other events approved by the City Council to take place on public streets, sidewalks, alleys, properties or sidewalks (hereafter jointly referenced as "special events"), except within the boundaries of an approved Social District or unless the following conditions are met:
(1) A public assembly alcohol permit (hereinafter referred to as "permit") has been approved by the City Manager or his or her designee making provisions for the sale, distribution, possession and consumption of beer or wine on public streets, sidewalks, alleys, properties or parking lots at the special event, to the extent permitted by such permit.
a. Permits issued in accordance with this section are effective for the time period and event specified.
b. Permits issued pursuant to this section shall not be transferrable or assignable.
c. Permits issued pursuant to this section may be issued to a non-profit organization, civic club, unit of local government or to a business possessing necessary state permits for the sale and/or distribution of beer or wine. The non-profit organization, civic club, unit of local government or business receiving such permit is hereinafter referred to as "vendor."
d. Permits issued in accordance with this section must be approved at least ten (10) days in advance of the scheduled event by the City Manager or his or her designee. The City Manager or his or her designee is authorized to request such information from the vendor that will allow for a determination to be made regarding the issuance of the permit.
e. A fee shall be levied for each permit issued pursuant to this section in accordance with the city's adopted fee schedule.
(2) Beer or wine can only be possessed, consumed, sold, or distributed in such areas as approved by the City Manager or his or her designee, which area is to be conspicuously marked by the vendor.
a. The vendor must provide colored wrist bands or other identification devices, approved by the Police Chief or his or her designee, to be used by the wearer or bearer to purchase or receive beer or wine. New colored wrist bands or different identification devices shall be used on succeeding days of multi-day events. Before issuing a wrist band or identification device, the vendor is responsible for determining if the person to be issued a wrist band or identification device is of the legal age to possess alcoholic beverages.
b. It is unlawful for a person authorized to purchase or possess an alcoholic beverage as set out herein to pass on an alcoholic beverage to any other person not wearing an authorized wristband.
c. No person shall possess or consume an alcoholic beverage except as set out herein and only upon wearing the appropriately colored wristband issued, or possessing the particular identification device designated, for the day of the special event.
d. Alcoholic beverages not obtained or acquired as set out in this section are not permitted and the possession, consumption, sale or distribution of such alcoholic beverages is considered a violation of this article.
e. A wristband or other identification device issued as set out herein is not transferable and can only be worn by the person to whom such wristband is issued by the vendor.
(3) There shall be a reasonable plan approved by the City Manager for security and crowd control as well as emergency services. The City Manager may require the vendor to hire an off-duty police officer or officers to oversee alcohol sales at the event, or in the case of a city or MBA sponsored special event may provide on-duty police officers to oversee alcohol sales at the special event, and may place any other reasonable conditions on a permit issued pursuant to this section.
(4) The vendor conducting the distribution and/or sale of beer or wine shall obtain all applicable permissions, licenses and permits for such distribution and/or sale. The City Manager is authorized to require any applications and proofs as he or she may deem necessary to make a determination on the ability of a vendor to distribute or sell alcoholic beverages as provided herein.
(5) The sale, distribution, possession and consumption of beer or wine within the public area shall be in full compliance with all state and local laws governing such matters.
(6) In consideration of the granting of permission for the distribution and/or sale of beer or wine, the vendor conducting such distribution and/or sale shall indemnify and hold harmless the city, its officers, agents and employees against all loss, expense or liability of any kind, including attorney fees, caused by or in any way related to the sale, distribution, possession and consumption of beer or wine during the special event.
(7) To assure such indemnity, the vendor conducting the distribution and/or sale of beer or wine shall secure and at all times maintain in full force and effect a comprehensive general liability insurance policy providing liquor liability protection in the amount of at least one million (1,000,000) dollars. The insurance shall be issued by a company rated by A.M. Best's rating service as A - - or better and shall name the city as an additional insured party. Said policy shall remain in effect for the entire time period of the special event. Evidence of such insurance shall be provided to the City Manager at least seven (7) days before the date scheduled for the special event.
(8) For the sale of beer or wine only involving off-premises consumption, with no consumption of the beer or wine sold at the event on public property or in the special event or in the special event area, the City Manager or his or her designee may issue the permit with only the requirements listed in subsection (1) and subsections (4) through (7) being required.
(l) Denial or revocation of alcohol permit approved by the City Manager or his or her designee for the serving, sale, possession or consumption of beer or wine on public streets, sidewalks, alleys, properties or parking lots at a special event.
(1) The City Manager or his or her designee may deny or revoke an alcohol permit for the serving, sale possession or consumption of beer or wine on public streets, sidewalks, alleys, property or parking lots at a special event if he or she finds that the granting or continuation of the permit would not be in the public's interest or if he or she finds that the vendor has:
a. Made a deliberate misrepresentation or provided false information in the application;
b. Operated such public street, alley, sidewalk, property or parking lot in such a manner as to create a public nuisance or constitute a hazard to the public health, safety, or welfare;
c. Failed to keep the street, alley, sidewalk, property or parking lot clean and free of refuse, unless the city is responsible for keeping such areas clean and free of refuse during the event;
d. Failed to maintain any health, business or other permit or license required by law;
e. Violated any of the terms of this section;
f. Failed to obtain or maintain the amount and type of insurance required herein; or
g. Failed to uphold the terms of the permit.
(2) Before the denial or revocation of a permit, the City Manager shall notify the permit holder of his or her intent to deny or revoke the permit and the reasons therefor and shall afford the permit holder a reasonable opportunity to be heard on the question of such denial or revocation. After the hearing, the City Manager shall notify the permit holder in writing of this decision and the reasons therefor. A decision of the City Manager to revoke a permit may be appealed to the City Council in accordance with the provisions of subsection (3).
(3) The applicant may appeal a denial of a permit to the City Council by submitting a request in writing to the City Manager within ten (10) working days after the date of the written denial. Upon receipt of such appeal, the City Manager shall schedule the appeal to be heard at the next available regular City Council meeting. Upon hearing the appeal, the City Council may take action to uphold or deny the appeal. The findings and determination of the City Council shall be final.
(m) Enforcement. A violation of this article is a misdemeanor or infraction as provided by G.S. § 14-4 and § 160A-175. As an alternative or additional measure of enforcement, any law enforcement officer or authorized city employee may issue a citation for a civil penalty for violation of this section in accordance with the requirements of Chapter 1, General Provisions, of the City Code. This authority shall be in addition to any other authority and shall not preclude in any way any law enforcement officer from exercising any authority or carrying out the duties of a law enforcement officer, nor preclude the city from any other available legal enforcement procedure. Enforcement of an unpaid citation may be by issuance of a criminal summons, by the filing of a complaint to collect the unpaid debt owed to the city or by other means authorized by state law or outlined in Chapter 1, General Provisions, of the City Code.
(Ord. No. O-23-03-21-2, § 1, 3-21-23)