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(A) No person shall have, hold, sponsor, or cause to be had, held, or sponsored any special event of any nature or for any reason without having first applied to the town and received a permit to hold the event except as provided in § 98.14.
(B) Special event permits shall not be issued for “for-profit” events except in connection with town sponsored events or the North Carolina Holiday Flotilla. A non-profit sponsor may include up to five for-profit vendors as part of a special event provided the vendor’s activities are clearly incidental and subordinate to the special event being held by the sponsor. The North Carolina Holiday Flotilla may include more than five for-profit vendors to be determined at such time as a special event permit is issued.
(C) No special event shall be conducted so as to:
(1) Substantially interrupt the safe and orderly movement of pedestrian or vehicular traffic at or contiguous to its location or route;
(2) Constitute a substantial hazard to the public safety or materially interfere with or endanger the public peace or rights of residents to the quiet and peaceful enjoyment of their property or otherwise create a nuisance; or
(D) All applications for a special event permit must be made through the Special Events Coordinator on forms provided by the town. The Special Events Coordinator may issue or deny permits as required by this chapter when less than 200 persons shall be in attendance. All other permits required by this chapter shall be issued or denied by the Board of Aldermen. The required application must be completed in its entirety. No application shall be considered submitted until all information required by the application form has been provided. Such application forms shall include at a minimum the following information:
(1) The name, address, and telephone number of the sponsor for the event. If the sponsor is not an individual, the applicant shall provide the name and address of the individual within the sponsoring organization or corporation who will be responsible for the special event. For special events governed by § 98.05, only the information required by § 98.05 is required.
(2) A narrative describing the special event in detail;
(3) The date, hours, and location requested. Special events occurring on multiple successive days shall require a separate and complete application for each day of the event;
(4) The number of persons estimated to be in attendance at the special event including organizers, participants, and spectators;
(5) Information on requested street closings;
(6) Information on availability of parking at the proposed location;
(7) Information on proposed temporary signs and banners, provided such signs and banners comply with § 155.072(I) and (L). The content of signs and banners for expressive activities shall not be required;
(8) Information on utility services including electrical power, water, restroom facilities, and garbage collection and disposal;
(9) An agreement to save and keep the town free and harmless from any and all loss or damages or claims for damages, including attorney's fees and litigation costs, arising from or out of the special event;
(10) A sketch plan detailing the location of any temporary structures and the location of the proposed activity. Such plan must identify existing structures on the property;
(11) Information on the location and direction of noise emanating devices along with proposed level, frequency, and duration;
(12) An agreement to comply with all municipal ordinances, rules, regulations, and other applicable laws; and
(13) Information concerning donation solicitations or the sales of any types of souvenirs, t-shirts, food, drinks or other products on public property.
(E) The application for a special event permit shall include the applicable permit fee as prescribed in the schedule of fees.
(F) (1) Applications for special event permits requiring approval by the Special Events Coordinator shall be submitted at least five business days prior to the date of the planned event. The Town Manager shall have the authority to reduce the five business day approval period provided good cause is shown. Applications for special event permits requiring approval by the Board of Aldermen shall be submitted at least 60 days in advance of the scheduled event and shall be reviewed by the town and placed on the Board of Aldermen meeting agenda.
(2) For application deadlines applicable to special events conducted solely for the purpose of engaging in expressive activities, see § 98.05.
(G) For those applications requiring approval by the Board of Aldermen, the Board of Aldermen shall approve, approve with modifications or conditions, or deny such application in accordance with the applicable standards set forth in this chapter.
(H) For those applications requiring approval by the Special Events Coordinator, the Coordinator shall approve, approve with modifications or conditions, or deny such application in accordance with the applicable standards set forth in this chapter.
(I) Multiple events. Application can be made for repeated, multiple or periodic special events not held on successive days under the following procedure:
(1) Each day an event occurs shall be considered a separate event.
(2) A special event permit can cover up to four substantially identical special events held on different non-successive days by the same permittee.
(3) A person holding a permit for a repeated, multiple or periodic event or any person affiliated with such person may not apply for a new permit for the same or similar special event more than 30 days prior to the last day for which that permit has been issued; and
(4) The schedule of fees may establish a fee for multiple events that is other than a separate fee for each event. In the absence of a specific fee schedule for multiple events, the applicable fee shall be charged for each event.
('72 Code, § l4-6) (Am. Ord. 1430, passed 10-24-02; Am. Ord. 1465, passed 8-12-04; Am. Ord. 1524, passed 10-12-06; Am. Ord. 1547, passed 8-23-07; Am. Ord. 1583, passed 8-28-08; Am. Ord. 1616, passed 1-14-10; Am. Ord. 1682, passed 6-14-12; Am. Ord. 1744, passed 5-7-15) Penalty, see § 98.99