§ 58-51. Definitions.

For purposes of this article, the following words, terms and phrases shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Special event means any event of limited duration that is beyond the scale or scope of everyday operations of the establishment holding the special event. For purposes herein, an event shall be deemed to be beyond the scale or scope of everyday operations if:

a.

The event involves the use of temporary structures; or

b.

The event involves the use of temporary power connections regulated by the adopted building codes; or

c.

The event is of a kind not normally included within the use category for the establishment as referenced in the Land Development Code; or

d.

The event or parking for the event's attendees is located outside of or partially outside of the area of the sponsoring property permitted for normal retail sales or services. For purposes herein, an area is permitted for normal retail sales or service if it is within the footprint of the primary structure or is shown on the approved site plan as being used for normal business activity on the sponsoring property, and includes, in the case of alcoholic beverages, the area defined in the permit (other than an extension of premises permit) issued by the Division of Alcoholic Beverages and Tobacco of the State of Florida Department of Business and Professional Regulation; or

e.

At least three merchants other than the establishment holding the event will participate in the special event; or

f.

The event involves any two or more of the following:

1.

Occupancy limits established by the standard building code are likely to be exceeded.

2.

The demand for parking as established by the zoning regulations is likely to exceed the on-site parking spaces.

3.

The event is promoted or advertised as an event separate and apart from the establishment's everyday activities.

4.

One or two merchants other than the establishment holding the event will participate in the event.

5.

The event involves the use of multiple sponsoring properties.

Notwithstanding the foregoing, events sponsored or cosponsored by the city shall not be deemed to be special events subject to the provisions of this article. Further, temporary activities solely involving constitutionally protected free speech or conduct which cannot constitutionally be subjected to licensing by this article because it is otherwise protected by the United States Constitution or Florida Constitution under existing judicial decisions shall not be deemed to be special events.

(2)

Major special event means a special event which meets any one of the following criteria:

a.

Affects area(s) beyond the City of Port Orange;

b.

Requires one or more roadway closures;

c.

Hours of operation beyond 11:00 p.m.;

d.

Outdoor amplified music beyond 7:00 p.m.; or

e.

Held in conjunction with a regional event.

(3)

Minor special event means any special event other than a major special event.

(4)

Regional event means any of the following:

a.

Race Weeks (generally the two weeks preceding and including the Daytona 500 in February) and the summer NASCAR race at Daytona International Speedway (generally the Saturday nearest the Fourth of July), as recognized by the Daytona Regional Chamber of Commerce;

b.

Bike Week (generally a ten-day period beginning on the last Friday in February), as recognized by the Daytona Regional Chamber of Commerce;

c.

Biketoberfest (generally the third weekend in October, plus the five days before and two days after), as recognized by the Daytona Regional Chamber of Commerce; or

d.

Any other event of significance to the community which may from time to time be recognized by resolution adopted by the city council or as recognized by the Daytona Regional Chamber of Commerce on its five-year calendar of events.

(5)

Merchant activity means the outdoor sale, display, promotion of or giving away of merchandise, products, or services by a person at a special event.

(6)

Merchant activity area means an area designated for use, actually used or allowed to be used for merchant activities by the special event sponsor.

(7)

Special event temporary merchant means all merchants who conduct merchant activity upon a special event sponsor's property and who are not the special event sponsor.

(8)

Person means individual human being and any partnership or corporation.

(9)

Special event sponsor means the property owner or occupant of the sponsoring property.

(10)

Sponsoring property means the legal lot(s) or parcel(s) where the special event is located and the legal lot(s) or parcel(s) designated for parking for such special event, regardless of zoning classification; provided, however, that in the case of a strip commercial shopping center, the term "sponsoring property" shall mean all of the lots and parcels comprising the shopping center.

(11)

Weapons shall not include firearms and shall mean any air rifle, air pistol, paintball gun, paintball rifle, explosive, blasting cap, knife, hatchet, ax, slingshot, blackjack, metal knuckles, mace, iron buckle, ax handle, crowbar, or any other instrument customarily used or intended for use as a dangerous weapon.

(Ord. No. 1998-61, § 1, 9-15-98; Ord. No. 2001-103, § 1, 1-15-02; Ord. No. 2005-52, § 1, 12-13-05; Ord. No. 2011-16, § 1, 9-20-11; Ord. No. 2013-16, § 1, 8-20-2013)