§ 10-27. Definitions.

Amusement attraction means any building or structure around, over, or through which persons may move or walk, without the aid of any moving device integral to the building or structure, which building or structure provides amusement, pleasure, thrills, or excitement. The term does not include enterprises principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts.

Amusement device means any mechanical device or combination of devices, which carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement.

The following are not considered amusement devices or amusement attractions: traditional theaters, bowling alleys, skating rinks, miniature golf, exercise equipment, batting cages, and live animal rides.

Applicant means the property owner, individual or organization sponsoring the event and who must apply for the special event permit.

Booth means a small stand for the sale of goods or containment of games and other individual entertainment activities associated with the special event.

Commercial activity means the sale of any item or service, tangible or intangible, including but not limited to food and beverages, the charging of admission, the charging of fees for any service, entertainment or amusement, including but not limited to carnival rides. Commercial activity does not include public issue speech as defined below.

Provider means the person, partnership or organization who is providing the amusement rides, devices, games, and booths, tents or entertainment to the sponsoring person, partnership or organization.

Public issue speech means all speech and assembly protected by the First Amendment to the United States Constitution, as interpreted by case law; including, but not limited to, religious, political, philosophical speech and assembly, as well as charitable solicitation for any purpose as described in F.S. § 496.404(2), as amended.

Seasonal special events means a special event(s) recurring at an established place of business over a particular time period that will not deviate from its original stated purpose and shall have a limit of 30 "special event" days, consecutively or non-consecutively, in a six-month period. Seasonal special events shall not include tent sales.

Security violations includes any activity which results in an arrest by a certified law enforcement officer, resulting in the imposition, by a court of law, of a fine, imprisonment, probation and/or other criminal penalty. This term includes only those arrests which occurred during a permitted special event and on property where such event was held.

Special event means:

(a)

Any temporary public gathering of 50 or more persons for the purposes of participating in entertainment in an open area that does not comply with commercial recreational facilities as defined in section 62-1921, which may consist of music, parades, fairs, festivals, carnivals, circuses, observing sports events, observing arts and crafts, or any other public entertainment event taking place in the unincorporated areas of the county, excluding state and federally owned property and property controlled by the county parks and recreation department. Special events on county parks will be permitted pursuant to Chapter 78, Code of Ordinances of Brevard County, Florida.

(b)

Public events held in facilities that are not within the original purpose of the facility.

(c)

Any event with one or more of the following, regardless of the anticipated number of attendees:

(1)

Amusement rides or devices subject to inspection under F.S. ch. 616.

(2)

Any special event requiring the utilization or temporary closing of any state or county maintained public roadway including, but not limited to, road races and block parties.

(3)

The operation and/or performance of a fireworks display.

(4)

A temporary tent:

a.

In excess of 400 square feet for use at public gatherings.

(d)

Special event shall not mean any activity upon or over any watercourse or body of water including, but not limited to, boat races, unless it also includes an activity defined as special event.

(e)

Special event shall not mean any state chartered county fair as described in F.S. ch. 616.

Sponsor means the person, entity or organization responsible for the finances and administration of the special event.

(Ord. No. 2000-26, § 3, 4-25-00)