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As used in this chapter, the following terms shall have the meaning set forth below:

“Business” means and includes any activity which involves sale of any goods or services, whether conducted for profit or not, and regardless of by whom conducted.

“Commercial special event” means any special event organized and conducted by any person that does not qualify as a tax–exempt nonprofit organization.

“Demonstration” means a public display of group opinion as by a rally or march, the principal purpose of which is expressive activity.

“Event Organizer” means any person who conducts, manages, promotes, organizes, aids, or solicits attendance at a commercial or noncommercial special event.

“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. For purposes of this chapter, expressive activity does not include sports events, fundraising events, or events the principal purpose of which is entertainment.

“March” means an organized walk or event whose principal purpose is expressive activity in service of a public cause.

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

“Rally” means a gathering whose principal purpose is expressive activity, especially one intended to inspire enthusiasm for a cause.

“Sidewalk” includes any and all structures or forms of street improvement included in the space between the street margin and roadway, and specifically includes curbs or other delineation for pedestrian travel.

“Sign” means any sign, pennant, flag, banner, inflatable display, or other attention–seeking device

“Special event” means:

1. Any organized formation, parade, procession, or assembly consisting of 100 or more persons and which may include animals, vehicles, or any combination thereof, which is to assemble or travel in unison on any street that does not comply with normal or usual traffic regulations or controls; or

2. Any organized assemblage of 100 or more persons at any city park which is to gather for a public purpose under the direction and control of a person or organization and the principal purpose of which is not expressive activity; or

3. Any other organized activity conducted by a person for a common or collective use, purpose, or benefit that involves the use of or has an impact on other public property or facilities or the provision of governmental services in response thereto and the principal purpose of which is not expressive activity.

Examples of special events includes concerts, parades, circuses, fairs, festivals, community events, fund-raising events, private parties, promotional events, mass participation sports (such as, marathons and running events, bicycle races or tours, tournaments), or spectator sports (such as, football, basketball and baseball games, golf tournaments, or vehicle or boat races).

“Special event permit” means a permit issued under this chapter and specifically excludes any permit that may be required for a special event under VMC Ch. 16.04.

“Special event venue” means that area for which a special event permit has been issued.

“Street” means a way or place of whatever nature publicly maintained and open to use of the public for purposes of vehicular travel. Street includes highway.

“Tax–exempt nonprofit organization” means an organization that is exempted from payment of income taxes under Section 501 of the Internal Revenue Code.

“Vendor” means any person who sells or offers to sell any goods, food, or beverages within a special event venue. (Ord. M-3956 §1, 2010)