§ 10-21. Definitions.

As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

Abate means repair, replace, remove, destroy or otherwise remedy the condition in question by such means, in such time, in such a manner and to such an extent as the enforcement officer or hearing committee shall determine to be in the best interest of the public, taking into account all facts and circumstances.

Business days means Monday through Friday.

Enforcement officer means a law enforcement officer, code enforcement official or city employee or official as may be designated in writing by the city manager or chief of police to enforce the provisions of this division.

Event promoter or promoter means generally any person who conducts, manages, promotes, organizes, aids or solicits attendance at a commercial or noncommercial special event. An event organizer may also be referred to as an event promoter or promoter meaning any person who:

(1)

Is directly or indirectly responsible for the organization of an amusement or event, as evidenced by activities such as contracting with the principals, selecting entertainment, sponsoring, advertising or otherwise holding out an amusement or event to members of the general public, inviting participants to an amusement or event, or renting or controlling the site of an amusement or event; and

(2)

Directly or indirectly receives or shares in any of the following:

a.

Admission or entrance fees paid by participants or spectators at the amusement or event; or

b.

Compensation, consideration or other revenue from sponsors of or private donors to the amusement or event;

c.

Revenues from concessions or other sales at the amusement or event; or

d.

Revenues from the control or vending or concession sites or permits, including nonresident event promoters who do business within the City of Myrtle Beach. The following persons are not event promoters within the meaning of this chapter, or other referencing chapters as applicable:

1.

Any business license holder placing an ad, or any print or broadcast media who are paid for page space or broadcast time to advertise an amusement or event, but exercise no other coordinating financial or operational responsibility in connection with the promotion; and

2.

Any business license holder providing a product or service or off-premises ticket seller who sells admission tickets to an amusement or event in advance of such amusement or event but exercises no other coordinating financial or operational responsibility in connection therewith; and

3.

Any performer who is paid for his performance at an amusement or event but exercises no other financial or nonperformance-related operational responsibility in connection therewith; and

4.

Any agent of an athlete or performer who is compensated for negotiating his client's contract to perform at an amusement or event but exercises no other financial or operational responsibility in connection therewith; and

5.

Any city business licensee to the extent that the licensee personally plans, prepares or executes an amusement or event in the course of such licensed business, in conformance with extant regulation and law; and

6.

Any full-time employee of a business licensee, to the extent that the employee plans, prepares or executes an amusement or event in the course of such employment; and

7.

The City of Myrtle Beach; and

8.

Any employee of the city, to the extent that the employee plans, prepares or executes an amusement or event in the course of such employment; and

9.

Any person who exclusively promotes amusements or events at establishments or venues meeting all of the following requirements: (1) the owner or operator of the establishment or venue at which the promoted amusement or event is presented holds a valid public place of amusement license or valid performing arts venue license issued under Chapter 11 of the City Code, and (2) the establishment or venue at which the promoted event is presented: (i) has fixed seating only and all patrons attending any promoted amusement or event at such establishment or venue are seated in such fixed seats; or (ii) has a fixed seating capacity of 500 or more persons; and/or

10.

For a specific amusement or event, any person who is hired or otherwise retained by an event promoter licensed under this chapter, as evidenced by a contract, to provide services to the licensed event promoter related to such amusement or event, including, but not limited to, advertising services.

Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization.

Hearing officer: A citizen appointed by the manager, deemed to have the requisite training, education, experience or civic activity to justly and fairly hear and decide on matters of public nuisance.

Industrial wastes means all liquid and water-borne solid, liquid or gaseous wastes resulting from industrial manufacturing, food processing operation, processing any natural resource or mixture of such wastes with water or domestic sewage.

Person means any landlord, property owner, manager, lessee, tenant, or individual, group, association, corporation, partnership, trust, estate or receiver having the capacity to sue or be sued.

Premises means any building, lot parcel, real estate, or land or portion of land whether improved or unimproved, occupied or unoccupied, including adjacent parking.

Public nuisance means as determined by an enforcement officer based upon the facts and circumstances found after reasonable inquiry, investigation or upon citizen report, those conditions or events which constitute an unreasonable interference with rights of the public in general, and where, in a public place, or where the public congregates, or where the public is likely to come within the range of influence through the senses, a person unlawfully does an act or omits to perform a duty, which act or omission does any one or more of the following:

(1)

Annoys, injures, subverts or endangers the public's order, economy, resources, safety, health, welfare, comfort, repose or offends public decency;

(2)

Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage any waters or public places or way;

Rallies means a special event, that is an outdoor gathering of conveyances, wheeled riders, drivers and enthusiasts scheduled and sponsored by specific clubs, associations, event planners and/or organizers, event promoters, vendors, dealers or vendor permit sellers or resellers for the purpose of retail sales to attendees, who expect and are provided a variety of vending opportunities and entertainment events by those who profit from the gathering. The term special event is not used to denote the perceived quality of the event, or to imply that one entity is necessarily in charge of organizing or managing the event but is used to describe these types of activities because of their known shared characteristics of widespread nonlocal promotion by those seeking profit, with a location identified as the place of gathering or rally, with a published or publicly known time of occurrence, either sporadic, cyclical or scheduled. The resulting traffic congestion and noise can be attributed to event promotion or staging, or lack of planning or control by event promoters or organizers. Planned or unplanned special events can dramatically impact overall travel safety, vehicular and pedestrian mobility, and travel time reliability for visitors and residents alike.

Structure means anything constructed, built or planted upon, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which structure requires location on the ground or is attached to something having a location on the ground.

(Ord. No. 2002-49, 10-22-02; Ord. No. 2007-22, 4-24-07; Ord. No. 2009-27, § 1, 5-12-09; Ord. No. 2014-28, § 2, 5-13-14; Ord. No. 2015-33, 4-28-15)