§ 14-1. Definitions.

Alcoholic beverages shall be construed to mean any spirituous, malt, vinous, fermented, brewed (whether lager or rice beer) or other liquors, or any compound or mixture thereof, by whatever name it is known, which contains alcohol and is used as a beverage. It shall not apply to wine when manufactured or made for home consumption and which is not sold by the manufacturer thereof or by any other person or to any beverage declared by state law to be nonalcoholic or non-intoxicating.

Banquet or event hall means a facility, as a stand-alone structure or as an accessory part of an accommodations complex, which is primarily engaged in providing banqueting rooms, and meals, and entertainment events for persons and entities reserving the space for special occasions including, but not limited to: formal dinners, receptions, reunions, benefits, and club meetings, and may include the onsite consumption of alcohol as an accessory component of food and beverage service.

Bars, lounges, pubs, taverns or similar drinking places are as defined by SIC 5813 or NAISC 722410, and are defined as a place of social gathering and entertainment primarily engaged in the preparation and service of alcoholic beverages onsite or with a open dance floor of less than 150 square feet.

Beer, ale, porter and wine shall be defined for purposes of this section as stated in S.C. Code 1976, § 61-4-10, as amended from time to time.

Comedy club, dinner theatre or performing theatre or similar performance venues are characterized by an visually emphasized performance stage or area that offers patrons paying the ticket or admission fee a fixed seating/table arrangement from which one may view the performance art, such as musical groups, improvisational offering, stand-up comedy, plays, skits, ventriloquism, magic and other staged performance art to patrons, with no floor area of greater than 150 square feet for patron dance, and where food and beverage service is provided, while the business purpose is primarily performance viewing, with an accessory purpose of the service of alcoholic beverages.

Drinking place generally means any place under permitting by the DOR and licensed as a business in the city to primarily serve alcohol as defined by SIC 5813 or NAISC 722410. This industry comprises establishments known as bars, taverns, nightclubs, performance venues or drinking places primarily engaged in preparing and serving alcoholic beverages for immediate consumption. Not included are restaurants, establishments primarily engaged civic and social organizations or package stores. Included are bars, lounges, taverns, nightclubs, pubs and similarly named and licensed entities as identified herein.

Drinking place safety guidelines means the guidelines prepared and published by the City of Myrtle Beach Police Department for the safe operation of drinking places and nightclubs regardless of occupancy rating, including guidance for appropriate response to criminal activity or violence observed in or on the premises, and including appropriate training for nightclub staff/employees in the service of product, and managing the business.

DOR means the South Carolina Department of Revenue.

Entertainment activities or opportunities means all other activities in drinking places and nightclubs that do not involve the manufacture, sale, purchase, transportation, possession, consumption or other use of alcoholic beverages or food or beverage service during permitted hours of operation, pursuant to state law. Entertainment activities may include, but are not limited to:

(1)

The presentation or allowance of live or recorded musical presentations or performances of any sort, including both live amplified performances and amplified recorded presentations or broadcasting,

(2)

Live action of performance art or prerecorded video of performance art,

(3)

The provision of dedicated space or areas for individual, group, customer or patron dance,

(4)

Consumer or product promotions,

(5)

Table or electronic games, light shows,

(6)

The use of foam or other substances in contact with patrons, independent contractors or employees as an entertainment element, or

(7)

The use of objects by patrons, independent contractors and employees as an entertainment element.

Entertainment promoters (hereinafter promoter or promoters) in the sole context of chapter 14, and as defined by SIC 7389 or NAISC 711320 means any person

(1)

who puts assets at risk; and is directly or indirectly responsible for the organization of an event as evidenced by activities such as contracting with the principles, selecting entertainment, advertising or otherwise holding out the event to members of the general public, inviting participants to the event, or leasing, renting or controlling the event site; and

(2)

who directly or indirectly receives payment, remuneration, percentages or shares in any one of the following ways:

a.

Admission or entrance fees paid by participants or spectators;

b.

Compensation, consideration or other revenue from the event sponsors, private donors or operators owners of the event site; or

c.

Revenues from concessions, sales specials, or other sales of goods at the event.

d.

A set or fixed fee coupled with the promoter assumption of any one element of club management, including but not limited to:

1.

Control or influence of ingress and egress, such as door managers; or

2.

Imposition of age limits, dress code or other qualifications for entrance into the venue;

3.

Control or influence drink offerings or specials, entertainment as defined herein, recorded or live music, lighting, atmospherics or thematic decoration of the interior; seating and interior traffic flow

4.

Control or influence of internal or external security;

5.

Control or influence of how many door staff, bartenders, wait staff, interior and exterior security guards, and ancillary personnel are needed for the event,

6.

Control or influence of floor managers, wait-staff, internal or external security of any element of customer service; or

7.

Control or influence expectations or standards of service and training for all personnel, especially in the areas of safety regulations and local ordinance compliance.

Event [entertainment] promoter does not include the following:

(1)

A print, broadcast or internet medium that is paid for page space or broadcast time to advertise an event, but exercises no other managerial, financial or promotional responsibilities in connection with the event;

(2)

A ticket seller who sells admission tickets to an event from its own place of business, off-site and in advance of such event, but exercises no other managerial, financial or promotional responsibilities in connection with the event;

(3)

An entertainer or performer who is paid for his performance, such as DJ or karaoke DJ at an event, but exercises no other managerial, financial or promotional responsibilities in connection with the event;

(4)

An agent of an entertainer or a performer who is compensated for negotiating his or her client's contract to perform at an event, but exercises no other managerial, financial or promotional responsibilities in connection with the performance; or

(5)

Marketing contracts or advertising contracts that provides a long range marketing strategy or plan for the venue when that strategy or plan is not tied to a specific event in which the contractor's payment is dependent upon a percentage of business generated or their staging of a specific event.

Nightclub means an alcohol-free teen club or adult club permitted to serve alcohol, of general admission, membership admission or under a cover charge, which is a place of social gathering and nightclub entertainment activities or opportunities emphasizing live or recorded amplified music in an largely unstructured dance club atmosphere in a interior or outside deck space that is rated for greater than 150 person occupancy, with a open dance floor greater than 150 square feet and where the nightclub entertainment activities are primarily orchestrated by a nightclub entertainment promoter or house disc jockey, typically open after 10:00 p.m. and if alcohol is served, where the primary business purpose is the admission cost and sales of alcoholic beverages, and where the admission cost and alcohol sales are greater than the gross sales of food, or when alcohol is not provided, the sale of food is incidental to the primary business purpose of providing a venue for live or recorded music and dance in the manner described.

Nightclub district means two or more drinking places or nightclubs sharing access to a jointly owned or privately held common area, or operating on the same lot under leasehold with the same landlord.

Nudity means the showing of the human male or female genitals, pubic area, vulva, or anus with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

Operator means any person or legal entity vested with real or apparent authority and responsibility for operation of a drinking place or nightclub that has a business license in the city.

Primarily or primary means gross income from all licensed activities on site which is 60 percent or greater, or the greater degree of frequency of conduct, as the context provides.

Public safety concerns means one or more incidences occurring within the drinking place, or outside on property or parking areas owned, leased or under the control of the operator, or on a sidewalk or street abutting or adjacent thereto, that are:

(1)

Felony or misdemeanor crimes involving illegal drugs, weapons, assaults and batteries, disorderly conduct or breaches of the peace as defined by state and local law; or

(2)

Felony crimes against the person identified in South Carolina Code 16-190, as it may be amended from time to time.

(3)

Violations related to unlawful service of alcohol.

Restaurant means a place where the primary business purpose is food sales, but which also have both DOR and a business license as a drinking place. A restaurant is operated as a bona fide eating place that maintains appropriately sized kitchen facilities in relationship to the proposed dining seating areas, and in which, during all business hours, food and beverages are prepared for and served to the customer, for consumption on or off the premises.

Safe drinking places guidelines means an informational compilation of guidelines which serve and inform the police department in preserving good order and addressing public safety concerns in drinking places.

Safety plan means a document required to operate a drinking place or a nightclub or to act as nightclub promoter in a drinking place or nightclub. The safety plan is produced by an operator or promoter under affirmation, and must be approved by the police department, after consultation with the police based on the particular applicability of the safe drinking place guidelines for their business. The safety plan shall include at minimum the following:

(1)

Affirmation that the business shall not permit its employees or patrons to engage in nudity, semi-nudity, the showing or specified anatomical areas or engage in specified sexual activities, nor allow any drinking contests or games, nor contests involving disrobing, or "wet t-shirt", "Girls Gone Wild" ™ or similar contests or promotions to be held or advertised at the business. No promoter, agent, employee or independent contractor will encourage or permit this prohibited behavior by the patrons;

(2)

Affirmation that the business shall establish a policy that conforms with DOR approved training program on age sensitive sales as listed in the DOR SC Information Letter 06-05, or subsequently issued letter of the same subject, and that addresses that all security, floor managers, bartenders and wait staff will be trained so as to determine when a customer is underage or apparently intoxicated, and the business, its agents and employees will enforce the company policy of refusing further alcohol service to customers at that point;

(3)

Affirmation that for those businesses that employ personnel that exercise security functions, all security personnel shall be licensed by the State of South Carolina and be bonded;

(4)

Affirmation, that for except for managed and supervised events or activities under temporary zoning use and special event permits, no alcohol consumption will be permitted in the parking lots under the control of the business pursuant to the prohibitions of alcohol in the parking lots of business license holders in section 14-221, nor shall any glass or metal containers of any kind shall be permitted in the parking lots of the business, except during the permitted event. The business will establish policies and security resources to assure compliance; and

(5)

Affirmation that upon city request, the business will consult with the Myrtle Beach Police Department and provide such security as is recommended by that department that recognizes individual circumstances of the business; and

(6)

Affirmation that the safe drinking places guidelines have been reviewed, and implemented as determined by the management in consultation with the police; provided however the plan must address specifically address these elements:

a.

Patron weapon search procedures, if any;

b.

Control of all ways of ingress and egress;

c.

Control of parking lots, lot behavior and litter;

d.

Procedures for handling violent incidents, other emergencies, and calling the police department;

e.

The number of security, and their movement and placement;

f.

A description of the training provided or completed by security and other personnel, including conflict de-escalation training;

g.

If applicable, the procedures for notification of trespassed patrons to district security, and to other drinking places within the nightclub district;

h.

The procedures for determining over occupancy, crowd control and emergency egress; and

i.

Current contact information for the person or position responsible for addressing safety, security, or city Code related complaints by patrons or neighborhood residents.

Semi-nude or semi-nudity means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks, including the gluteal cleft. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.

Specified anatomical areas means and includes:

(1)

Less than completely and opaquely covered: human genitals, pubic region; buttock, including the gluteal cleft; and female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activity means any of the following:

(1)

Erotic touching or fondling of human genitals, pubic regions, buttocks or female breasts; or

(2)

Intercourse, oral copulation, masturbation or sodomy; or

(3)

Excretory functions as a part of or in connection with any of the activities described above.

(Ord. No. 2014-26, 4-22-14; Ord. No. 2014-70, 9-23-14; Ord. No. 2015-64, 9-8-15)