§ 19-126. Definitions.

As used in this article:

Building means any temporary or permanent structure as defined by the zoning code or any structure, including tables, tents, built or erected for support, shelter, or enclosure of persons, animals, chattels, or property of any kind. It includes pushcarts or sidewalk cafés for which the sale of goods, food or beverages has been authorized.

City sponsored event means that the city, solely or in partnership with another entity, produces and/or coordinates the event, after determining that the event either:

(1)

Provides a local commemoration of a national holiday.

(2)

Provides cultural or recreational experiences to city residents that are not otherwise routinely available in the community.

(3)

Significantly enhances tourism or other forms of economic development.

Commercial special event means any special event organized and conducted by any person or organization holding a business license and that does not qualify as a tax-exempt nonprofit organization.

Demonstration means any formation, procession or assembly of persons which, for the purpose of expressive activity, is:

(1)

To assemble or travel in unison on any street in a manner that does not comply with normal or usual traffic regulations or controls; or

(2)

To gather at a public park or other public area.

District means a defined area designed and suited for tourist entertainment, either previously or currently subject to tax increment financing agreements, municipal improvement districts or other such public infrastructure financing agreements, or as identified by city council by way of resolution.

Event organizer means any event promoter, person who conducts, manages, promotes or organizes a commercial or noncommercial nonprofit special event.

Event promoter means 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 is paid for page space or broadcast time to advertise an amusement or event, but exercises no other coordinating financial or operational responsibility in connection with the promotion.

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.

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.

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.

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.

6.

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

7.

The City of Myrtle Beach, and or other participating unit of local government.

8.

Any employee of the city, and or other participating unit of local government to the extent that such employee plan, prepare or execute an amusement or event in the course of such employment;

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.

Expressive activity includes conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature, and picketing.

Facility use permit means a permit issued under the authority of the manager for temporary or slight reserved use or occupation of a public facility or an area of public land, for a defined period of time and said use does not impact city resources, due to the anticipated congregation of more than 25 people in such numbers or in such location as identified. The permit is a reservation of use, and conveys certain rights to use.

Festival means a thematic, organized, site-specific celebration, performance, exhibition or competition occurring upon public or private property, or a combination of private and public property, as a result of a private nongovernmental event organizer, during which commerce may occur, for a defined period of time, advertised and promoted outside the city, that will, in the determination of the city, have an impact on city resources, due to the anticipated congregation of more than 50 people in such numbers or in such location as identified by the sponsor or promoter as the venue. See also "legislative festival".

Goods means wares, personal property, merchandise or any other similar item or object than is generally sold.

Gross revenues mean the sum of all revenues received by an event organizer for a special event, including, but not limited to, cash receipts, licensing, sponsorship, television, advertising and similar revenues, and concessions.

Internal security means the deployment of privately contracted qualified human resources in sufficient number, as determined by the police department, to ensure the comfort and safety of movement of participants in a special event.

Legislative festival means any official proclamation, resolution or declaration of city council, in legislative discretion, of a citywide thematic celebration, recognition, event or time under such permitting conditions, terms and duration as deemed to be in the best interest of the public.

Noise variance means a grant from city council to a petitioner to exceed the legal noise limit, pursuant to subsection 14-62(h)(11) or as recodified, within a zoning classification for a specific period of time at a specific location, usually associated with an outdoor performance, not rising to the level of a special event as defined herein, in that no other variance from the normal application of zoning laws is requested.

Noncommercial nonprofit special event means any special event organized and conducted by a person or entity that qualifies as a tax-exempt nonprofit organization.

Parade means any march, race, presentation, ceremony, pageant or procession of any persons and conveyances of any sort moving upon any public street or sidewalk of the city, which does not comply with normal traffic regulations.

Rallies, automobile or motorcycle means an outdoor gathering of riders, drivers and enthusiasts scheduled and sponsored by specific clubs, associations, event planners and/or organizers, event promoters, vendors, dealers or vendor permit sellers 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 promotion by event promoters 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.

Sidewalk means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

Signage means any sign, pennant, flag, banner, inflatable display, or other attention-seeking device, including but not limited to:

(1)

Temporary site specific signage. Printed signs and/or banners bearing the name of a specific special event intended to identify the location of that event.

(2)

Temporary welcome signage. Printed signs and/or banners bearing the name of the specific business or entity and a welcome statement referencing the event participants and spectators.

Special event means an outside or outdoor thematic entertainment, amusement athletic or political event, that is advertised or promoted inside or outside the city, on private property or in the exclusionary use of public property, and it is reasonably foreseeable to involve a large assemblage of vehicles and persons, impose traffic congestions, impact required parking, involve sanitation and security concerns, the erections of structures or operation of rides, games or machines that may affect the city residents' or invitees' health, safety, or welfare, or may require excessive public safety cost in responding to and/or managing the event to preserve the public peace. A special event has a specific start and stop date, and has no intervening dates of event inactivity, except for legislative or city sponsored events. A series of similar events is not considered a single event, unless conducted on consecutive days. The outdoor display or sale of merchandise or placement of vending on private property in connection with the sale of merchandise is not considered a special event. A special event can include, but is not limited to:

(1)

Any organized formation, parade, procession or assembly consisting of persons, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls; or,

(2)

Any organized assemblage, not meeting the criteria for a facilities use permit, of persons at any public beach or public park which is to gather for a common purpose under the direction and control of a person; or,

(3)

Any other organized activity conducted by a person or group for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of city public safety services in response thereto.

(4)

Examples of special events include filming, concerts, parades, circuses, fairs, festivals, block parties, automobile or motorcycle rallies, community events, mass participation, sporting competition such as, marathons and running events, bicycle races or tours, or spectator sports such as, football, basketball and baseball games, golf tournaments or hydroplane or boat races.

Significant sports tourism event means a sports or athletic based competition brought to the community primarily because of the expected number of out of town visitors expected to participate.

Special event permit means a permit issued under this division.

Special event venue means that defined area identified on a submitted site plan approved by city council for which a special event permit has been issued.

Street means a public right-of-way, or way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular or pedestrian travel. Street includes highways, alleyways, sidewalks and any other public area that accommodates vehicular or pedestrian traffic.

Tax-exempt nonprofit organization means an organization that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six months preceding the date of application for a special event permit or other permit. This shall include charities, 501(c)(3)s, civic groups, fraternal organizations, and mutual benevolent aid societies. Appropriate official documentary proof may be required.

Vendor means any person who sells or offers to sell, any goods, food, or beverages within a special event venue, including the event organizer or any person who contracts with the event organizer for space within the special event venue in order to vend goods.

(Ord. No. 2009-27, § 2, 5-12-09; Ord. No. 2010-15, § 1, 1-26-10; Ord. No. 2011-02, 1-25-11; Ord. No. 2012-16, 3-27-12; Ord. No. 2017-46, 9-26-17)