"I haven’t seen the plans for the Burro Loco site, but a business can do what its zoning and business license allow,'' said Kruea. "Burro Loco is able, under its zoning, to do certain things. By virtue of being a restaurant, it can do certain things. As long as what the business plans is within what it’s allowed to do for the zone that it’s in, and the business license that it holds, and the state licenses that it holds, then the business does not need a special event permit for the property. In this case, Burro Loco will need a zoning permit for tents and temporary uses, available from Construction Services, and will need to present a site plan, etc., to Construction Services. In short, what they propose cannot exceed what’s allowed, but they have some flexibility."
"You’re thinking of the new parking lot rules and the media frenzy over the tailgating at BB&T Coastal Field," said Kruea. "As I tried to explain (but sometimes the media doesn’t want to hear), the Pelicans could have held a picnic and even some tailgating in their parking lot, had they been the ones to organize it. The problem was, they weren’t. The parking lot ordinance prohibits “…impromptu, unmanaged outdoor events or parties… provided however that such events that are specifically permitted through legislative [Special Event Permit] or administrative action, or sponsored by the business license holder in compliance with regulations governing such outdoor events [temporary zoning permit] are not included.”
"If the Pelicans or Burro Loco manage the event and meet zoning requirements and comply with regulations governing outdoor events (tents, etc.), then they can do certain things that do not exceed the requirements for the property or the business. To exceed the code or do something that is prohibited by zoning, a business or entity needs a Special Event Permit. All the media heard was “you can’t tailgate,” which was true in the case at the Pelicans stadium, where people held an “impromptu” event in the parking lot, but not true if the Pelicans themselves want to host a managed event on their own property in keeping with all city codes. The bottom line is that, no, you can’t do anything and everything, but you can do what’s allowed by law, with proper permission in advance. Of course, if you exceed what’s allowed, you’ll be in violation."
That damned media, why don't they listen?
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