DRAFT

MOUNT AIRY CODE

ARTICLE II. STREET FESTIVALS WITHIN THE MUNICIPAL SERVICE DISTRICT

Sec. 9-20. Definitions.

For purposes of this section, the following terms shall have the meaning indicated:
Malt Beverage: Beer, lager, malt liquor, ale, porter, or any other brewed or fermented beverage containing at least one-half of one percent (.5%) and not more than six percent (6%) alcohol by volume.
Unfortified Wine: Wine that has an alcoholic content produced only by natural fermentation by the addition of pure cane, beet, or dextrose sugar, and that has an alcoholic content of not more than seventeen percent (17%) alcohol by volume.
Open Container: A container whose seal has been broken or a container other than the manufacturer’s unopened original container.
Food Service Establishment means an establishment engaged in the business of regularly selling food, customarily, but not exclusively, to be eaten on the premises, including businesses that are commonly referred to as restaurants, cafes, grills and other establishments that have a food counter where food is sold.
Winery means an establishment regularly engaged in the manufacture, sale or marketing of wine.

Sec. 9-21. Allowance of Street Festival
Upon Issuance of a Permit.

Street Festivals. Upon issuance of a permit by the City Manager, a Food Service Establishment or Winery within the Municipal Service District may hold a Street Festival on City owned property designated in a “Street Festival Permit Application approved by the City Manager upon meeting the following requirements:
A written application for a Street Festival permit must be submitted to the Planning Department at least fourteen (14) days prior to the event in addition to a $50.00 processing fee. A detailed site map showing at a minimum the stage area, tables and seating area, parking areas, and points where the road will be blocked off shall also be required.
Any road closures must be coordinated and approved by the Chief of Police of the City of Mount Airy. Where a street festival will close a section of a street or an entire street, the Applicant’s plan will need to show a 20 ft. unobstructed access way for access to the buildings serviced by that street or section thereof.
Only one (1) permit per month can be issued to an individual food service or winery establishment during a calendar year.
Festivals shall only be permitted for Thursdays, Fridays and Saturdays. Closing hours for all festival activities will be 9:00 p.m.
A Food Service Establishment or Winery cannot receive a Street Festival permit for the time period covered by a community-wide festival or event.
(6) A statement of the Applicant’s intent whether to serve or to allow the consumption of beer and wine and, if so, copy of the Applicant’s ABC permit demonstrating that the Applicant is properly licensed to allow the consumption of beer and wine within the plan-defined area, and a verified statement by the Applicant that (i) its ABC permit is in good standing and (ii) the Applicant has not been cited for any violation of its ABC permit for the premises within the previous three (3) year period. If the Applicant has been cited, the Applicant must provide a statement describing the circumstances for which it was cited and describing what, if any, penalty was imposed for the incident; and
(7) The Applicant’s plan must also indicate that festival area must be maintained, and all debris or refuse removed from the area, at regular intervals during the business day so as to maintain an orderly appearance and to prevent the attraction of vermin, insects, or other pests to the area. The plan must also indicate that the Applicant must maintain an unobstructed path for pedestrian travel on the sidewalk at least five (5) feet wide at all times and that the Applicant agrees to remove all obstructions and additions to the festival area immediately upon completion of the festival in order to open the streets to public use as soon as possible; and
(8) The Applicant agrees that at no time would anyone be allowed to block access to a fire hydrant in street festival area.
(9) The Applicant, or an authorized officer or member if the applicant is not an individual, must sign an agreement to indemnify and hold the City of Mount Airy harmless from any and all claims of property damage, personal injury or death arising from or related to the provision of outdoor table service at the establishment; and
(10) Certificate of Insurance indicating that the applicant has, or will have, in place for the duration of the permit period, liability insurance with a minimum limit of one million dollars for the premises and all activities conducted thereon.

In the review of street festival permit requests, the City Manager shall be guided by the following considerations:
The number of permits issued and the area or areas for which such permits are issued in relation to crowd density, traffic control, the ability to protect persons and property, fire prevention and control, general safety and availability of City assets and resources to ensure the reasonable protection of the general public.
In those instances in which the City Manager considers City resources to be insufficient to meet the above considerations, the City Manager may require the applicant for such permit to provide at the applicant’s expense, adequate and qualified security personnel for the duration of the permit.
The City Manager shall have the authority to designate the boundaries of any Street Festival area. To accommodate such an event, the City Manager is further authorized to temporarily close any public streets, sidewalks or other City owned areas within the boundaries of any proposed Street Festival. Where such streets, sidewalks, or other City owned areas are temporarily closed, they shall be for the general use of the public.

Sec. 9-22. Sale of Alcoholic Beverages at
Permitted Street Festivals

Notwithstanding the general prohibition on the consumption of alcoholic beverages established by Section 10-3 of the Mount Airy Code of Ordinances, it shall be lawful for a Street Festival Permittee to serve or sell malt beverages and unfortified wine where the boundaries of the area in which such beverages is clearly delineated, where access to such area is restricted to persons who shall be at least 21 years of age and where the following requirements are met:

(a) Such City property designated is not in front of an existing restaurant, bar, or private club;
(b) All applicable health and ABC laws are complied with;
(c) The contents of beer bottles or cans or wine bottles shall be poured into appropriate cups or glasses;
(d) All empty bottles and cans shall be handled in such a way as to not be broken or left on City property; and
(e) The Permittee shall be required to maintain proper decorum and order and leaving the area in a clean condition.

Sec. 9-23. Firearms.

Except for sworn certified Law Enforcement personnel, the possession of firearms in the festival area is prohibited.

Sec. 9-24. Banners for Special Events.

City sponsored or approved festivals and special events. Banners, balloons, decorative flags and windsocks may be allowed by permit during the duration of city-approved events. All devices must be firmly secured and well maintained. No devices shall create a traffic hazard or obstruction to motorists or pedestrians. A plan showing the location, type and amount of all decorative signage and devices, along with the duration of the event, must be submitted to the planning department for review and approval. A $25.00 deposit, per event, must be given to the city insuring removal of all temporary signage. If the signs have not been removed in accordance with this section, the $25.00 deposit will be forfeited to the City of Mount Airy. Any signs or other devices which have not complied with this section shall be removed subject to the terms of Section 9.7. Banners and signs for special events of a religious, charitable, civic, fraternal or political nature. Banners and signs may be used to communicate community events for special events of a religious, charitable, civic, fraternal, or political nature. These temporary banners advertising the above events may be erected provided:

1. The size of the overall on-site sign or banner shall not exceed 32 square feet of total aggregate surface area. However, if said sign or banner is located in the B-1 District, the width cannot exceed four feet and the length cannot exceed six feet.
2. The size of an overhead banner crossing the road shall not exceed 30 feet in length and four feet in height. All overhead banners crossing the road will be composed of no more than two dimensions.
3. With single sponsorship, the proportion of a sponsor's logo or name shall not exceed 25 percent of the overall area for any face of the sign or banner.
4. Overhead street banners may not be displayed earlier than ten days prior to the event and must be removed within two days after the event.
5. On-site signs and banners may be displayed only during the day(s) of the event.
6. All signs and banners shall be approved by the city planning department before being displayed.

Sec. 9-25. Penalty - Conflict.

Any violation of this article shall constitute a misdemeanor, punishable as provided in North Carolina General Statutes Section 14-4. A first violation of a Street Festival Permit issued pursuant to this Ordinance shall result in the issuance of a written warning to the Permittee. A second violation within one year of the first shall result in an immediate revocation of the Permit and a sixty (60) day ban on future permits. Additionally, a violation of any of the provisions of this Ordinance shall subject the offender to a civil penalty of up to five hundred dollars ($500). If a person fails to pay this penalty within ten (10) days after being cited for a violation, the City of Mount Airy may seek to enforce this Section through any appropriate equitable action. Each day that a violation continues after the offender has bee notified of the violation shall constitute a separate offense. The City of Mount Airy may seek to enforce this Ordinance by using any one, or a combination, of the foregoing remedies.
In the event of a conflict between the provisions of this Ordinance and any other City ordinance, the provisions of this Ordinance shall control. The enactment of this Ordinance, however, shall not result in any change of the general applicability of any other City ordinance.