§ 130A-256. Issuance of permit; revocation; forfeiture of bond; cancellation.
§130A‑256. Issuance of permit; revocation; forfeiture of bond;cancellation.
(a) If, upon inspectionby the Secretary five days prior to the starting date of the mass gathering, orearlier upon request of the permittee, the required facilities are found to bein place, satisfactory arrangements are found to have been made for requiredservices, the charge for additional services levied in accordance with G.S.130A‑254(e) has been paid and other applicable provisions of this Partand the rules of the Commission are found to have been met, the Secretary shallissue a permit for the mass gathering. If, upon inspection, the facilities,arrangements or other provisions are not satisfactory, the provisional permitshall be revoked and no permit shall be issued.
(b) Upon revocation ofeither the provisional permit or the permit, the permittee shall immediatelyannounce cancellation of the mass gathering in as effective a manner as isreasonably possible including, but not limited to, the use or whatever methodswere used for advertising or promoting the mass gathering.
(c) If the provisionalpermit or the permit is revoked prior to or during the mass gathering, theSecretary may order the permittee to install facilities and make arrangementsnecessary to accommodate persons who may nevertheless attend or be present atthe mass gathering despite its cancellation and to restore the site to a safeand sanitary condition. In the event the permittee fails to comply with theorder of the Secretary, the Secretary may immediately proceed to installfacilities and make other arrangements and provisions for cleanup as may beminimally required in the interest of public health and safety, utilizing anyState and local funds and resources as may be available.
(d) If the Secretaryinstalls facilities or makes arrangements or provisions for cleanup pursuant tosubsection (c), the Secretary may apply to a court of competent jurisdictionprior to or within 60 days after the action to order forfeiture of thepermittee's performance bond or surety for violation of this Part or the rulesof the Commission. The court may order that the proceeds shall be applied tothe extent necessary to reimburse State and local governmental agencies forexpenditures made pursuant to the action taken by the Secretary upon thepermittee's failure to comply with the order. Any excess proceeds shall bereturned to the insurer of the bond or to the surety after deducting courtcosts. (1971, c. 712, s. 1; 1973, c. 476, s. 128; 1983, c.891, s. 2.)