(A) Outdoor special events, for purposes of this section, are fairs, festivals, shows, concerts, and other events of limited duration that result in substantial gatherings of people outside of enclosed buildings and that are unlike the customary or usual activities at the location where the event occurs.
(B) Special outdoor events may take place on public property if the Parks and Recreation Department has granted a permit for the event. The Department may grant the permit if it determines that the special event will not materially endanger the public health and safety, will be in harmony with the area in which it is located, and will not unreasonably disrupt or interfere with the flow of traffic or the rights of adjacent or surrounding property owners. The permit may impose conditions limiting the hours and duration of the event, preventing disruption of adjacent uses, and assuring, at no expense to the Town, removal of litter caused by the event. If the applicant seeks to allow the sale, distribution, possession, or consumption of any alcoholic beverages at the event, the permit may be issued only when:
(1) The special event is in the central business zoning district or any of the following Town properties: Downtown Park;
(2) The applicant demonstrates that any entity selling or distributing the beverages on public property is not for profit and has received any permit required by the State of North Carolina;
(3) The alcoholic beverages are limited to malt beverages and unfortified wine; and
(4) The Chief of Police or the Chief's designee has reviewed the application and determined that the proposed presence of malt beverages or unfortified wine will not materially endanger public health or safety.
(C) The Chief of Police or the Chief's designee also may impose conditions on the permit to ensure that the presence of alcoholic beverages will not materially endanger public health or safety and may revoke the permit and terminate the event if it is determined that the consumption of alcoholic beverages endanger public health and safety.
(D) The permittee has obtained, in advance, any and all necessary permits, licenses, and/or approvals from the Alcohol Beverage Control Commission and remains in compliance with all local and state ABC laws.
(1989 Code, § 32.61A) (Ord. 1133, passed 7-13-2004; Am. Ord. 1989, passed 10-8-2019; Am. Ord. 2019, passed 8-9-2022)