Tourism Commission
Regular MeetingCharleston, SC · June 13, 2019
Minutes
Tourism Commission Routes, Parking and Tourism Rules Committee.
June 13, 2019
A meeting of the City of Charleston Routes, Parking and Tourism Rules Committee was
held this date at Livability and Tourism Office, Suite 3400, 75 Calhoun Street.
In attendance Committee Chair Liz Alston, Carol Ethridge, Barry Kalinski, Dan Riccio, Amy
Southerland, Tim Domin, Lee Burbage.
Chair Alston called the meeting to order
Moment of silence was observed
Public Input
Lee Ann Bain president of the Charleston Tour Association asked item D (emergency
procedures). She said she was curious what brought about the proposed ordinance. Second, is
that she felt the emergency procedures ordinance was vague and was wondering if it could be
more specific.
Tyler Jones from Charleston C.A.R.E.S. would love to talk more about the ordinance regarding
extreme weather. He said that his organization is very troubled by this ordinance. He said that
his organizations already shut down before the city suspended carriage operations. He said that
for decades they have closed of their own volition whether it be due to rain, snow, ice. This is a
pretty drastic change from how things had been. He also claimed that the industry had not gotten
a lot of reasoning as to why this is happening. C.A.R.E.S. has an issue with one person have the
ability to shut down an entire industry. They would like to have a seat at the table.
Chair Alston said that she had some concerns about the agenda today.
Tim Domin said that staff has the ability to generate things they would like to put on the agenda,
and so do the committee members. This is the place to start the conversation. We cannot meet
secretly to discuss any of these topics beforehand, because that would be in violation of FOIA
laws.
Chair Alston asked how she could get something added to the agenda.
Tim Domin said that any member of the committee could contact staff to ask them to consider
putting an item on the agenda. The staff has to propose to you what they would like to try to do
and why. I assisted in drafting the ordinance for legality. But the committee members have to be
satisfied.
Lee Burbage first item. Proposed amendment notifying after an accident. We would like to
change it to say that all touring vehicles must contact emergency services after having an
accident. Then they must contact the Dept. of livability and tourism.
Chair Alston asked “When you say emergency services, you mean 911?”
Lee Burbage. Yes. We had a number of instances where an incident did occur, most of them
minor. Police probably should have been notified, however the parties involved decided to
handle themselves. We would like to add this ordinance so that there is a clear paper trail for
every incident or accident.
Barry Kalinksi asked “What about failure to do so? Is there a fine?”
Tim Domin answered saying “There is a general provision that states what the fine could be.
Chair Alston added “There is another issue. It say the driver of a touring vehicle, or licensed
tour guide. We will not know until October if we can continue to say if someone is licensed.
Amy Southerland responded saying, that was already part of the original ordinance. We do not
want to change that part until we know what happens with the appeal.
13 min
Chair Alston asked if an unlicensed tour guide was in an accident would they be subject to this
ordinance.
Chair Alston asked if anyone would like to move to motion.
Barry Kalinkski made a motion
Seconded by Carol Ethridge
Barry Kalinkski and Carol Ethridge voted for
Chair Alston abstained
Lee Burbage introduced proposed amended ordinance on introducing new touring stock. This
ordinance adds language requiring that all animals have to be weighed by a certified scale and
provide that weight to the Dept. of Livability and Tourism with the certificate of serviceability
from a licensed equine veterinarian. We want to do this so that we have up to date and accurate
weights of each animal.
Dan Riccio said that the current serviceability report contains an estimated weight. The industry
has already been giving us a weight from a certified scale. We would like to make it an
ordinance.
Barry Kalinkski asked are we concerned about the weight or the animals ability to work?
Dan Riccio responded by saying that the serviceability report already states whether the animal
can work. We would just like to add that they get a weight from a certified scale. Also what we
would like to do, to not put more pressure on the industry, we are willing to accept other forms
of documentation. They can either get a print out from a certified scale, or one of our staff can
witness the animal being weighed.
Mr Kalinski asked if why you would ask that the animal be weighed twice a year versus once a
year.
Dan Riccio responded by saying that twice a year is an industry standard that was proposed by a
veterinarian.
Amy Southerland added that the biennial inspection is not the only time of year that the animals
are being checked on.
Dan Riccio said they we would confirm with our vet, to make sure that it is acceptable.
Barry Kalinski made a motion for approval
Carol Etheridge seconded
Barry Kalinkski and Carol Ethridge voted yes Chair Alston Abstained
Lee Burbage introduced an amended an ordinance for carriage companies applying for a
certificate of appropriateness. The amended ordinance removes mentions of the Arts and History
Manager, since the position does not exist anymore. And replaces it with department of
Livability and Tourism. The proposed ordinance also contains language that states that the
applicant give written documentation from a certified scale of the weight of the carriage. Further
down we have added at least the amount required for motor vehicles and also medical payments
or PIP in an amount of $5000.
Tim Domin added that though he reviewed this ordinance before, he had a legal recommendation
he would like to add to this proposed ordinance. He proposed if the committee moved for
approval for the commission he would make the appropriate changes before the commission
meeting.
31 minutes
Lee Burbage also stated that we have also added into the new ordinance Any modifications to the
animal-drawn vehicle that change the dimensions, weight, passenger capacity or other
characteristics must be submitted to the Department of Livability and Tourism and shall be either
approved or rejected by the Tourism Commission. We have had several carriages that have
been repaired and modified over the years. The carriage companies have been replacing some
parts with lighter weight material. They overall appearance is the same. But we would like
require that they update the commission when they make these large changes
Amy Southerland added that we just want to make sure that it is properly documented.
Dan Riccio added that in the past there was an equation that was used to determine how much
weight the animal can pull. You would take the weight of the animal against the weight of the
carriage and weight of passengers. What we have done is take the human aspect of that equation
out. When we have the weight of the horse, and the weight of the carriage we can use the FAA
standards of occupancy and weight to determine which carriages the animals can pull with how
many people. We then build that into our system so that there is no guess work by the people at
the gate. If the carriage has been modified we would like to know what the weight is so that we
can be sure our equation is correct.
Chair Alston asked if anybody would like to move for approval?
Barry Kalinkski made a motion for approval pending the City’s legal edit.
Carol Ethridge seconded the motion
Barry Kalinkski and Carol Ethridge voted in favor Chair Alston abstained until review of the
City’s legal makes the revision.
Dan Riccio introduced a proposed ordinance that grants the Department of Livability and
Tourism has the authority to temporarily stop issuing medallions and to temporarily prohibit new
tours including commercial tours if it is determined by the Department of Livability and Tourism
that a weather emergency or other emergency condition(s) exist which presents a substantial risk
of injury to horses or carriage passengers. This will not be construed as creating different heat
restrictions than those set forth in 29-212. How this all came about was because of me. On May
24th, the national weather service issued an alert for Charleston, Dorchester and Berkley county
for winds up to 60mph and hail up to dime size. Knowing that I became alarmed. I made the
quick decision in the name of public safety to temporarily shut down all carriage activity at
3:20pm. I instructed the Tourism Officers to notify the carriage companies. The threat passed
and I reopened the gate at 4:23pm. The storm hit more of Colleton and Berkley County. I based
my information on experts from the National Weather Service. This was challenged by the
C.A.R.E.S. group in writing. I notified our attorney, and asked if I had the authority to make this
decision? I felt in the name of public safety that I had the responsibility to make this decision and
duty to do so.
Tim Domin added that it does need to be specified in the ordinance that it give us the right to
stop, for severe weather or other emergencies. There could be a gunman, or a fire. You of course
want to have the ordinance to back this up, because there is no existing provision that says that
Dan has the right to shut things down, except for heat. If we need to be more specific, I ask how
would you be more specific. I helped draft this and I didn’t want someone to say this how you
create new heat restrictions. Which is why I added the last line. But I don’t know how you
specify if the hail is of a certain size, of if the snow is of a certain depth, or if a gunman is on a
certain street, or how many yards away something bad could be happening. I think that there has
to be some desecration.
Barry Kalinski said, I think it is just common sense. And his staff don’t want to harm the carriage
industry. But if he (Dan Riccio) feels he needs to make that call for weather or other emergencies
I think he or whomever the Director is should have that right. And the Carriage industry know
that they are not going to abuse their authority.
Chair Alston added that I like it, but I have a problem with the I. Sometimes, before a decision is
made, there is more than one person involved in the decision.
Dan Riccio asked if he could explain. An emergency is an emergency. You don’t have much
time to consult with a lot of people before you make a decision in the essence of public safety.
You have to act quickly. The only people I consulted with was the information I got from the
weather service. Keep in mind it was a Saturday. There are not a lot of people working at the
City on a Saturday. We work every Saturday. This was admittedly pretty uncommon. Yes, we
have pop up thunder storms. This is not for that. They are usually gone before you know they’ve
started. You have to realize, the carriage industry is different from the other industries. We are
putting them in a zone and telling them where to go. To me that puts a liability on the city and
me as well. So to be legal I consulted with our attorney. I gave a copy of this ordinance to the
carriage companies. We met with them three weeks ago. I gave them a copy, and asked them
that if they have any input to please get back to me. But I did not receive any feedback.
Barry Kalinski made a motion for approval.
Carol Ethridge seconded the motion.
All committee members voted in favor of approval.
Due to time constraints the committee agreed that it should meet an hour before the commission
meeting on June 26th to go review the remaining agenda items.
Chair Alston moved to adjourn.
Barry Kalinski seconded the motion.
Meeting was adjourned.
Agenda
John Tecklenberg
City of Charleston Daniel Riccio
Mayor South Carolina Director
Department of Livability and Tourism
TOURISM COMMISSION
ROUTES, PARKING AND TOURISM RULES COMMITTEE
A meeting of the Tourism Commission Routes, Parking and Tourism Rules Committee will be
held on Thursday, June 13, 2019 at 4:00pm, at 75 Calhoun Street, Suite 3400.
1. Call to order
2. Moment of Silence
3. Public Input
4. Items for Discussion (Action may or may not be taken on any of the below items):
a) Review of proposed changes to Chapter 29 of the Code of the City of Charleston
related to procedures of accident reporting for touring vehicles.
b) Review of proposed changes to Chapter 29 of the Code of the City of Charleston
to update requirements for the introduction of new animals (touring stock), and
bi-annual inspections.
c) Review of proposed changes to Chapter 29 of the Code of the City of Charleston
to update language and requirements for carriages applying for a certificate of
appropriateness.
d) Review of proposed changes to Chapter 29 of the Code of the City of Charleston
pertaining to adding a new section regarding carriage tours during weather
emergencies or other emergency conditions.
e) Review of proposed changes to Chapter 29 of the Code of the City of Charleston
related to the definition of private passenger automobile for touring.
f) Review of proposed changes to Chapter 29 of the Code of the City of Charleston
related to insurance requirements for private passenger automobiles used for
touring.
5. Adjournment
75 Calhoun Street · suite 3400 · Charleston, South Carolina 29401 · Tel. (843) 724-7395
PROPOSED
AN ORDINANCE TO AMEND CHAPTER 29, ARTICLE V1, SEC. 29-240 OF THE CODE
OF THE CITY OF CHARLESTON PERTAINING TO THE PROCEDURE OF ACCIDENT
REPORTING.
BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN
CITY COUNCIL ASSEMBLED:
Section 1. Chapter 29, Article V, Sec. 29-240 of the Code of the City of Charleston is hereby
amended so that hereafter said Sections shall read as follows (amendatory language in bold and
double underlined and a strikethrough for a deletion):
Sec. 29-240. Report of accident required
The driver of a vehicle, or licensed tour guide, governed by the tourism ordinances, involved in
any accident/occurrence resulting in injury to or death of any person/animal and/or property
damage shall immediately notify emergency services, once it is safe to do so. Following,
notification to emergency services, the driver, or a representative of the company
involved in the accident shall immediately notify the Department of Livability and
Tourism and shall within twenty-four (24) hours of such accident/occurrence make written
report thereof to the Ddirector of Livability and Ttourism. Further, all carriage operators must
maintain current liability insurance information on their carriages at all times. The information
must include the name of the insurance carrier, the policy number, and the contact telephone
number of the insurance carrier.
Section 2. This Ordinance shall become effective upon ratification.
Ratified in City Council this _____ day of
____________ in the Year of Our Lord, 2019,
and in the ____th Year of the Independence of
the United States of America
John Tecklenberg, Mayor
ATTEST:
Clerk of Council
PROPOSED
AN ORDINANCE TO AMEND CHAPTER 29, ARTICLE V, SEC. 29-212 (e) (1) (f) OF THE
CODE OF THE CITY OF CHARLETSON TO UPDATE THE REQUIRMENTS FOR THE
INTRODUCTION OF TOURING STOCK, AND BI-ANNUAL INSPECTIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN
CITY COUNCIL ASSEMBLED:
Section 1. Section 29-212 (e) (1)(f) of the Code of the City of Charleston is hereby amended so
that hereafter said Section shall read as follows (amendatory language in bold and double
underlined and a strikethrough for a deletion):
f. At introduction into the touring stock then bi-annually thereafter, the animal shall have had a
physical inspection completed by and a certificate of serviceability for carriage work signed by a
licensed equine veterinarian. with the results thereof . The results of the physical inspections
shall be provided along with written documentation from a certified scale verifying the
weight of the animal to the City of Charleston Department of Livability and Tourism and made
available for inspection on site;
Ratified in City Council this _____ day of
____________ in the Year of Our Lord, 2019,
and in the ____th Year of the Independence of
the United States of America
John Tecklenberg Mayor
ATTEST:
Clerk of Council
PROPOSED
AN ORDINANCE TO AMEND CHAPTER 29, ARTICLE V, SEC. 29-220 OF THE CODE OF
THE CITY OF CHARLESTON TO UPDATE THE LANGUAGE AND PROCESS RELATED
TO THE CERTIFICATE OF APPROPRIATENESS APPLICATION AND INSPECTION TO
ADD THE REQUIREMENT OF A CERTIFIED VEHICLE WEIGHT AND TO REMOVE
REFERENCES TO THE MANAGER OF ARTS AND HISTORY/TOURISM COMMISSIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN
CITY COUNCIL ASSEMBLED:
Section 1. Chapter 29, Article V, Sec. 29-220 (a) of the Code of the City of Charleston is hereby
amended so that hereafter said Sections shall read as follows (amendatory language in bold and
double underlined and a strikethrough for a deletion):
(a) An applicant for a certificate of appropriateness shall provide the Department of Livability
and Tourism and manager of arts and history/tourism commissions with the following:
(1) Adequate identification of the applicant and animal-drawn vehicle and proof of
ownership;
(2) Material setting forth the characteristics of the vehicle including its dimensions, weight,
passenger capacity, maker, year built;
(3) An applicant must provide written documentation from a certified scale verifying
the weight of the animal-drawn vehicle.
(3) (4) Color photographs not less than eight (8) inches by ten (10) inches of all four (4)
sides of the vehicle or, in the discretion of the Department of Livability and Tourism
manager of arts and history/tourism commissions, sketches of a similar make and model
and samples of colors proposed for use on the vehicle;
(4) (5) Adequate proof of liability insurance with at least the amount required by the South
Carolina Financial Responsibility Act and also medical payments or PIP coverage in
an amount of $5000. manager of arts and history/tourism commissions;
(5) (6) A fee as set forth by city council;
(6) (7) After approval but prior to the issuance, a current city business license.
(8) Any modifications to the animal-drawn vehicle that change the dimensions,
weight, passenger capacity or other characteristics must be submitted to the
Department of Livability and Tourism and shall be either approved or rejected by
the Tourism Commission.
(b) Upon receipt of the information set forth in subsection (a)(1)—(4) and (6), the Department
of Livability and Tourism the manager of arts and history/tourism commissions shall
submit the application to the tourism commission for the commission's determination as to
whether the application should be approved. In acting upon and evaluating any application,
the tourism commission shall consider the design standards as set forth in section 29-207 of
this chapter as well as the proposed color of the vehicle.
(c) Nothing herein shall be construed so as to prohibit the Department of Livability &
Tourism manager of arts and history/tourism commissions or the commission from
requiring visual inspection of the vehicle.
Ratified in City Council this _____ day of
____________ in the Year of Our Lord, 2019,
and in the ____th Year of the Independence of
the United States of America
John Tecklenberg Mayor
ATTEST:
Clerk of Council
PROPOSED
AN ORDINANCE TO AMEND CHAPTER 29, ARTICLE V OF THE CODE OF THE CITY
OF CHARLETSON BY ADDING THERETO A NEW SECTION PERTAINING TO
OPERATION OF CARRIAGE TOURS DURING WEATHER EMERGENCIES OR OTHER
EMERGENCY CONDITIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCILEMEMBERS OF CHARLESTON, IN
CITY COUNCIL ASSEMBLED:
Section 1. Chapter 29 of the Code of the City of Charleston is hereby amended by adding thereto
a new Section 29-213 to Article V pertaining to the operation of carriage tours during weather
emergencies or other emergency conditions, which shall read as follows:
Sec. 29-213- Emergency Procedures. The Department of Livability and Tourism has
the authority to temporarily stop issuing medallions and to temporarily prohibit new tours
including commercial tours if it is determined by the Department of Livability and
Tourism that a weather emergency or other emergency condition(s) exist which presents
a substantial risk of injury to horses or carriage passengers. This will not be construed as
creating different heat restrictions than those set forth in 29-212.
Section 2. This Ordinance shall become effective upon ratification.
Ratified in City Council this _____ day of
____________ in the Year of Our Lord, 2019,
and in the ____th Year of the Independence of
the United States of America
John Tecklenberg Mayor
ATTEST:
Clerk of Council
PROPOSED
AN ORDINANCE TO AMEND CHAPTER 29, ARTICLE I, SEC. 29-2 OF THE CODE OF
THE CITY OF CHARLESTON TO UPDATE THE DEFINITION OF PRIVATE PASSENGER
AUTOMOBILE.
BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS OF CHARLESTON, IN
CITY COUNCIL ASSEMBLED:
Section 1. Section 29-212 (e) (1)(f) of the Code of the City of Charleston is hereby amended so
that hereafter said Section shall read as follows (amendatory language in bold and double
underlined and a strikethrough for a deletion):
Private passenger automobile shall mean a standard family passenger automobile, designed to
hold no more than 8 persons including, a station wagon a sedan, cross-over, SUV, and or
mini-van. used for the purpose of touring, and shall not include a van, panel truck or other
vehicle. Private passenger automobile shall not include full-sized vans, buses of any type,
panel trucks, limousines, motorcycles with or without passenger compartments, tricycles
whether motorized or not, golf carts, low speed vehicles , motor homes, home-made
vehicles, custom-made vehicles or standard family passenger automobiles that have been
substantially modified from their original design, excepting modification of a standard
family passenger vehicle for handicapped use is allowed. A taxi cab cannot be used as a
private passenger automobile for touring purposes. A vehicle in service of a
Transportation Network Company (also known as a ride-share company including Uber
and Lyft) as defined by S.C. Code § 58-23-1610 cannot be used as a private passenger
automobile for touring while actively engaged in transport of riders for the Transportation
Network Company.
Ratified in City Council this _____ day of
____________ in the Year of Our Lord, 2019,
and in the ____th Year of the Independence of
the United States of America
John Tecklenberg Mayor
ATTEST:
Clerk of Council
PROPOSED
AN ORDINANCE TO AMEND CHAPTER 29, ARTICLE IV, SEC. 29-96 OF THE CODE OF
THE CITY OF CHARLETSON TO UPDATE LANGUAGE REGARDING INSURANCE
REQUIRMENTS FOR PRIVATE PASSENGER AUTOMOBILE TOURS
BE IT ORDAINED BY THE MAYOR AND COUNCILEMEMBERS OF CHARLESTON, IN
CITY COUNCIL ASSEMBLED:
Section 1. Section 29-96 of Chapter 29 of the Code of the City of Charleston is hereby amended
so that hereafter said Sections shall read as follows (amendatory language in bold and double
underlined and a strikethrough for a deletion):
Section 2. 29-96 Insurance required.
Private passenger automobiles used in conducting tours for hire must carry liability insurance of
at least the amounts required by the Financial Responsibility Act of South Carolina and
also shall carry with medical payments (Med Pay) or Personal Injury Protection (PIP)
coverage in an amounts required from time to time by the commission of at least $5000 per
accident. Such policies shall contain no exclusion of coverage while operating vehicles for hire.
Ratified in City Council this _____ day of
____________ in the Year of Our Lord, 2019,
and in the ____th Year of the Independence of
the United States of America
John Tecklenberg Mayor
ATTEST:
Clerk of Council