The Town of Valdese is excited about the tremendous growth our Downtown is experiencing! Find out the who, what, where, when, why & how for planning a special event here:
Section 11-1001 Purpose: The purpose of this article is to enable the town to be better informed of events that take place on Public Property and certain events that take place within the Downtown District, which will help secure the public safety, health, and general welfare of town citizens.
Section 11-1002 Definitions. The following words and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
- Applicant is the person applying for a Special Event permit.
- Downtown District is the area running West to East from Eldred Street to Morganton Street, and North to South from Bobo Avenue to Massel Avenue.
- Event Insurance is a comprehensive general liability insurance policy with limits of at least $1,000,000. The Event Insurance policy shall be issued by a company licensed to do business in the State of North Carolina and shall name the Town of Valdese as an additional insured. The Event Insurance policy shall cover all activities carried out at the Special Event.
- Private Property is property owned by a non-governmental agency.
- Public Property is property owned or controlled by the town or another governmental unit, including public streets, sidewalks, parking lots, parking spaces, parks, and land surrounding town or other government facilities.
- Recurring Event is an event held on Private Property in the Downtown District that occurs more than once in a calendar year. A Recurring Event takes place in the same area, has substantially the same number of attendees, does not require alcohol permitting, and does not involve Public Property. Special Event permits for a Recurring Event must be obtained annually prior to the first event.
- Special Event is a planned, outdoor event that is open to the public, that involves the gathering of persons for a common purpose, design or goal, and that (1) takes place on Public Property or causes or requires a complete or partial closure of Public Property; (2) takes place within the Downtown District and the event is reasonably expected to restrict or interfere with the right of merchants or private individuals to have access to parking areas, offices, stores, residences, or other places because of the anticipated attendance, noise level, or other factors related to the event; or (3) involves the use of mechanical rides, inflatables such as bounce houses, temporary stages, or other structures or devices that have the potential to cause injury if not properly constructed or erected or not properly maintained.
Section 11-1003 Permit
- Permit Required. It shall be unlawful for any person to conduct or assist in conducting a Special Event without first obtaining the permit required by this article and maintaining that permit at all times during the Special Event.
- Exceptions: A permit shall not be required for the following events:
- Funerals. Merchant sidewalk sales.
- The carrying out of government functions.
- Events sponsored or substantially controlled by the town.
- Events authorized by the Valdese Recreation Department or Community Affairs Department.
- Application. An application for a Special Event permit shall be completed in writing on an application form provided by the town. All required information shall be truthfully and accurately provided. The application shall be submitted to the Town of Valdese Community Affairs Department, together with the permit fee. The application will not be considered without all required supporting documents including, but not limited to, an Emergency Action Plan, a map of the event area, proof of Event Insurance if required, letters of permission for Private Property use, and a properly executed release and indemnity agreement.
- Determination and Issuance. In issuing any permit applied for under this article, the town official designated for such purpose may request the review of the application by other departments of the town and the official shall conduct such additional investigation as may be necessary to determine whether the permit should be issued. To allow sufficient time for review, applications for a permit must be submitted at least 60 days prior to the Special Event.
- Form of permit. Upon approval, a written permit will be given to the Applicant, which will be signed by the appropriate town employee or official.
- Term. Permits shall be issued for a single event only unless the Special Event qualifies as a Recurring Event.
- Transferability. The permit shall not be transferable or assignable
- Personal Liability. The application shall be submitted by and the permit issued only in the name of the Applicant. The Applicant shall personally be responsible for the information set out in the application and for compliance with this article and with the terms and conditions of the permit. If the Applicant represents an organization, the application shall name the organization; however, the Applicant shall remain personally responsible for the accuracy of the information provided in the application and for compliance with this article and with the permit.
- Frequency. To lessen the impact caused by closing Public Property, no permit shall be issued that allows a Public Property to be closed longer than a total of 8 hours or for more than 1 day in a calendar month.
- Notification. The town will reply with approval or denial of the Special Event within 30 days. If the Special Event requires a permit for alcohol or street closure, the approval of the application will be contingent upon final approval by the Valdese Town Council and all other agencies involved.
Section 11-1004 Requirements and Conditions. All Special Events shall be conducted in full compliance with the following requirements and conditions.
- Permits. All permits required for the Special Event shall be obtained and submitted to the Town of Valdese including, but not limited to, an Alcohol Beverage Control Commission permit.
- Public Safety. The Applicant shall contract with and coordinate with the town public safety department for traffic control, crowd control, security, and emergency services.
- Access. A reasonable means of access shall be provided for businesses and residences located near the Special Event and for town fire and other protective services.
- Compliance. The Applicant shall not permit the event to become a nuisance, and the Applicant shall cause the Special Event participants to comply with all applicable town ordinances, including the noise ordinance. The Applicant shall also cause the Special Event to be held in compliance with all other laws including fire safety codes and ADA access rules. All mechanical amusement rides and inflatable devices must be inspected by the NC Department of Labor, and the inspection results must be submitted to the Valdese Fire Marshal prior to operation of the rides or devices.
- Indemnity. In consideration of the town granting a Special Event permit, the Applicant shall indemnify and hold harmless the town, its officers, agents, and employees against all loss, expense or liability of any kind, including attorney fees, caused by or in any way resulting from the acts of any person attending the Special Event or in any way resulting from the activities carried on during the Special Event or from the use of the Public Property.
- Event Insurance. Event Insurance shall be required for a Special Event that involves the use of Public Property, including a street or sidewalk closure; the consumption or sale of alcohol; the use of mechanical or other amusement rides or devises; 5K, 10K, or other runs or walks; or any other potentially hazardous event as determined by the Valdese Fire Department.
- Alcohol. The sale, distribution, possession, and consumption of beer, wine, and other alcohol beverages shall be in full compliance with all state and local laws governing such matters. The consumption of alcohol on Public Property must be approved by Valdese Town Council, and the Applicant shall be required to have the applicable permit from the NC ABC Board.
- Strict Liability. The Applicant shall assume strict liability for all damage caused to Public Property as a result of the Special Event.
Section 11-1005 Revocation or denial of permit.
- The application for any permit may be denied and any permit issued may be revoked if:
- The application contains false or misleading information or does not set forth all of the information requested;
- The Special Event is conducted in such manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare;
- The Applicant fails to obtain and maintain all permits and licenses required for the Special Event;
- The Applicant violates or is attempting to violate any of the terms and conditions of this article; or
- The requested Special Event conflicts with a previously scheduled Special Event or with an event or activity sponsored by the town.
For assistance in completeing this application, please contact the Valdese Community Affairs Director, Morrissa Angi at email@example.com or call 828-879-2129.