CHAPTER 20 ‑ THE NORTH CAROLINA STATE FAIR

SUBCHAPTER 20A ‑ ORGANIZATION

02 NCAC 20A .0101 PURPOSE

02 NCAC 20A .0102 GOALS AND OBJECTIVES

History Note: Authority G.S. 106‑503; 106‑503.1;

Eff. February 1, 1976;

Repealed Eff. October 1, 1987.

SUBCHAPTER 20B ‑ REGULATIONS OF THE STATE FAIR

SECTION .0100 ‑ GENERAL PROVISIONS

02 NCAC 20B .0101 INTERPRETATION AND VIOLATION

(a) The North Carolina State Fair Manager shall have authority to enforce these rules and regulations and settle and determine all matters, questions and differences in regard thereto, or otherwise arising out of, connected with or incident to the fair and the management, control and protection of the State Fair grounds, provided, however, any aggrieved party may appeal to the Office of Administrative Hearings.

(b) Any person who violates any of the following rules will forfeit all privileges and premiums and be subject to such penalty as these regulations may provide.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1987;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0102 TRAFFIC REGULATIONS

(a) Applicable North Carolina laws relating to traffic, parking and the operation of motor vehicles, as amended from time to time, are hereby incorporated into and made a part of these regulations, and the same shall be in full force and effect as to all parts of the North Carolina State Fair grounds, and as to the operation of motor vehicles therein and thereon, and shall have the same force and effect as though the said provisions were herein specifically set out in full.

(b) Parking on all streets within the fair grounds is prohibited between the hours of 1:00 a.m. and 6:00 a.m. during the period of the fair. All trucks and motorized vehicles must complete their deliveries and be off the streets by 10:00 a.m. each day. Absolutely no deliveries will be allowed (with the exception of ice) by motorized vehicles between the hours of 10:00 a.m. and midnight all days of the fair. During the period of the fair, certain locations within the fair grounds will be designated "restricted area." Parking or vehicular traffic within such restricted areas is prohibited without special permit. During all periods of the year other than State Fair period, vehicles may not be parked on State Fair streets or in State Fair parking lots for a period in excess of 24 hours. Vehicles left on the grounds in violation of this Rule may be towed away and impounded at owner's risk and expense.

(c) Unauthorized vehicles will not be allowed on the North Carolina State Fair grounds except in parking areas during the period of the annual State Fair unless such vehicles are on display in an exhibition and in such case, said vehicles must be kept in exhibit location and may not, under any circumstances, be operated on the streets of the fair grounds. State Fair personnel are authorized to use vehicles where necessary on the fair grounds in performance of duties.

(d) The State Fair management has set aside parking spaces for automobiles in various parts of the State Fair grounds. Automobiles and articles may be left in said parking spaces during the period of the State Fair at owner's risk.

(e) Any trailer or similar vehicle used for sleeping or cooking must be parked in the limited areas established for that purpose.

(f) A vehicle parked in violation of North Carolina statutes and these regulations shall be removed to a parking lot outside the fence. Administration office shall be notified of make of car, license and where it is moved to. State Fair is not responsible for any damage in moving or after moving.

(g) The Manager of the State Fair shall have authority to order the placement of such traffic control or restrictive signals and signs on the State Fair grounds as he shall deem necessary for the proper safety, protection and control of said fair grounds.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993; November 30, 1979;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0103 ADVERTISING MATTER

(a) Distribution of advertising material of any kind, nature, or description by concessionaires, exhibitors, patrons attending annual exhibitions on the State Fairgrounds, political parties, or by any person shall be prohibited on the State Fairgrounds unless distributed from the designated space and shall have been approved by the State Fair Manager or his or her designee. Advertising material shall be on the counter or display area and may be handed out when requested by fair patrons.

(b) Operation of a sound truck or other mobile vehicle equipped with a public address system or sign, whether in motion or parked on the fair grounds, whether within or without the fenced‑off area, is prohibited.

(c) For the purpose of enforcing this Rule, the State Fair grounds shall consist of the land in Wake County bounded on the south by Hillsborough Street, on the east by Blue Ridge Road, on the north by Trinity Road, and on the west by the Gov. James B. Hunt, Jr. Horse Complex, and includes the area without as well as within the fenced portion.

(d) The prohibitions and restrictions in this Rule shall not apply to service trucks with writing on the sides advertising its products while making deliveries of merchandise or service to concessionaires or exhibitors on the State Fair grounds, or the advertising on bumper stickers and window decals of vehicles.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993; July 17, 1981;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015;

Amended Eff. October 1, 2018.

02 NCAC 20B .0104 ADMISSION RULES

(a) All persons entering the North Carolina State Fairgrounds shall pay the established admission fee listed on www.ncstatefair.org.

(b) The State Fair Manager may operate a pass-out system at one or more of the outside gates. Persons exiting through these gates may, upon request, have their hand stamped for readmittance through the same gate without additional charge. Readmittance must occur before 10:00 p.m. on the same day as pass-out or the hand stamp shall not be honored.

History Note: Authority G.S. 106-503;

Eff. February 1, 1976;

Amended Eff. July 13, 2014; August 16, 2010; February 1, 2007; July 1, 2000; October 1, 1993; June 1, 1989; July 1, 1985; April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015;

Amended Eff. October 1, 2019.

02 NCAC 20B .0105 EMPLOYEE REGULATIONS

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Repealed Eff. October 1, 1993.

02 NCAC 20B .0106 GENERAL

(a) Any person or persons who shall make, aid, countenance or assist in making any noise, riot, disturbance and all persons who shall collect in bodies or crowds on the North Carolina State Fair grounds for unlawful purposes or to the annoyance or disturbance of citizens and those attending the North Carolina State Fair or lawfully on the North Carolina State Fair grounds may be expelled from the State Fair grounds for such period of time as the manager of the fair may determine.

(b) Any person who engages in any unlawful activity or behavior, or any activity or behavior which interferes with or is detrimental to the operation of the State Fair may be expelled from the State Fair grounds for such period of time as the manager of the fair may determine.

(c) Any person who shall unnecessarily or maliciously beat, abuse or injure any animal on the North Carolina State Fair grounds shall be subject to the penalties and punishment provided in Paragraph (a) of this Rule.

(d) No person shall carry from the specific area of any concession or other place of sale on the grounds of the fair, any liquid beverage in glass containers, nor shall any person, when in motion about the grounds, carry any such liquid beverages in glass containers. This Section shall not apply to non‑alcoholic liquids brought into the fair grounds as a part of picnic meals or the like when consumed and used in a stationary locale. This Regulation is promulgated for the welfare and protection of all visitors to the State Fair and violators hereof shall be subject to the penalties provided in Paragraph (a) of this Rule.

(e) Dogs and cats are not allowed on the fair grounds unless they are under leash, are carried by the person having possession of such animal or are on display in an exhibit contracted by the fair for the specific purpose of such exhibition. All such animals not on the grounds for exhibition shall be muzzled.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. November 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0107 SOLICITATION FOR DONATIONS ON STATE FAIRGROUNDS

02 NCAC 20B .0108 SOLICITATION FOR DONATIONS: DISTRIBUTION OF LITERATURE

02 NCAC 20B .0109 PERSONS SOLICITING

02 NCAC 20B .0110 IDENTIFICATION CARDS

History Note: Authority G.S. 106‑503;

Eff. October 1, 1977;

Amended Eff. October 10, 1980;

Repealed Eff. June 1, 1990.

02 NCAC 20B .0111 VENDORS OUTSIDE THE FAIRGROUNDS

The distribution of advertising material or the sale or solicitation for sale of any item or the solicitation of donations on any premises, such as parking areas, outside the fairgrounds but under the control of the State Fair or owned by an agency of the state is prohibited.

History Note: Authority G.S. 106‑503;

Eff. October 10, 1980;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0112 BOOTH RULE

(a) Solicitation of donations or the sale, offering for sale or distribution of any item, including written or printed material, is prohibited, except from an assigned space in compliance with 2 NCAC 20B .0200. This Rule does not apply to wholesale vendors operating in accordance with 2 NCAC 20B .0200.

(b) Any person who violates this Rule may be ejected from the Fairgrounds and prohibited from returning.

History Note: Authority G.S. 106‑503;

Eff. June 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

SECTION .0200 ‑ SPACE RENTAL: COMMERCIAL EXHIBIT AND CONCESSION REGULATIONS

02 NCAC 20B .0201 COMMERCIAL EXHIBITS AND CONCESSIONS

(a) The North Carolina State Fair space rental department shall be responsible for the details of the sale of all space, both for concessions and commercial exhibits. In connection with these sales, the department may issue the two following types of contracts:

(1) Concession Contracts shall include all contracts for the sale or delivery of food, merchandise or service on or from leased premises during the period of the State Fair. Concessionaires who operate according to State Fair rules and regulations may be allowed to renew their contracts. Space not claimed by former occupants within the time specified, may be made available to new applicants.

(2) Commercial Exhibit Contracts shall include all contracts for exhibition of goods, machinery and services for advertising purposes. Institutions or individuals operating under exhibit contracts may be permitted to take orders and partial deposits for future delivery, but may not make delivery on or from their premises during the period of the State Fair. The same regulation regarding renewal of space holdings by former concessionaires applies to commercial exhibitors.

(b) Due to grounds or space alterations or other changes, the space rental department shall have authority to eliminate certain previously available space from year to year. In such instances, the fair reserves the right to offer substitute locations or to discontinue contracts entirely.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. April 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0202 APPLICATIONS

Application for space either in buildings or on the grounds shall be directed to:

Special Rental Superintendent

State Fair Grounds

1025 Blue Ridge Rd.

Raleigh, North Carolina 27607

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0203 OCCUPANCY OF SPACE

No space shall be occupied until full payment is made. The original copy of the rental contract shall be signed and returned to the Space Rental Superintendent. Final payment on Concession and Commercial Exhibit Contracts is due at the Space Rental Office, Administration Building, no later than September 1. Renters of space shall keep a copy of the rental contract on the rented premises.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993; April 1, 1984; November 30, 1979;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0204 FORFEITURE

Space assigned and not occupied by 8:00 a.m. on the first day of the fair, as well as all fees previously paid, shall be forfeited to the fair as liquidated damages. Any space which is not open for business or does not have an attendant at the space during normal operating hours, during the 10 days of the fair, shall, at the option of the State Fair Manager, be forfeited. Space rental contracts shall not be cancelled by the lessee without written notification to State Fair Manager and said written notification must be delivered to the Space Rental Superintendent no later than September 1.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0205 EXTORTION ON FAIR PATRONS

The State Fair Manager and the Space Rental Superintendent shall use every precaution to guard against extortion in any form practiced upon the patrons of the fair. Any extortion practiced by a lessee may, in the discretion of the State Fair Manager, cause the forfeiture of contract money paid, or expulsion from the grounds, or both.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0206 EXPIRATION OF CONTRACTS

All ground leases or space contracts, unless otherwise specified, will expire with the close of the fair each year and all temporary buildings, frames, booths, etc., shall be removed within 72 hours following close of fair. Any such items not removed shall become the property of the North Carolina State Fair.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993; November 30, 1979; July 15, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0207 REMOVAL OF STRUCTURES

Any person, firm or corporation owning buildings or material upon the State Fair grounds without lease, or whose lease has expired, who shall fail to remove same upon order of the Space Rental Superintendent within the time specified in said order, shall forfeit all claim thereto and the fair management may take possession of or remove same, charging any expense for removal to the owner or owners thereof, which expense or claim must be paid within 30 days or said buildings or material will be sold by the State Fair and the proceeds credited to the expense of removal.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0208 TIME LIMITS ON REMOVAL

No exhibit may be dismantled or removed until 10:00 p.m. of the last day of the fair. Building superintendents, gatemen and police officers shall be instructed to prevent any attempt to dismantle or remove exhibits before the hour of release. Watchmen shall be on duty in buildings until 5:00 p.m. of the day following the close of the fair. Exhibitors and concessionaires shall remove all equipment from buildings by 5:00 p.m. Monday following the close of the fair. All outside equipment and machinery shall be removed no later than 72 hours following the last day of the fair; otherwise, they will become the property of the State Fair to be disposed of as the manager may deem necessary.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993; October 1, 1987; November 30, 1979; July 15, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0209 STRUCTURAL SOUNDNESS

All dining halls, lunch booths, refreshment pavilions or other stands shall be substantial in structure and neat in appearance. Any representative of the space rental department shall have access to premises at all times.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0210 MATERIALS USED IN CONSTRUCTION

All buildings or enclosures shall be built of new materials and positively no stands or buildings may be erected out of old lumber or old metal. Such structures shall be neat in appearance and any structure put up not complying with the provisions of this Rule may be ordered torn down and the contract may be forfeited as the fair manager may elect. All advertising signs, banners, show cards, etc., shall be neatly arranged and of size approved by the Space Rental Superintendent. The use of metal or wooden signs, as a part of the construction of said buildings, is prohibited. The manager shall, from time to time, inspect and evaluate the structural condition of buildings on the grounds. Any unsafe structure may be ordered closed, torn down and the contract forfeited as the manager may elect.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0211 SIGNS

All signs advertising any special product, whether by a trademark or otherwise, will be prohibited on the outside of any stand or building. Menus will be permitted provided they do not list any item by the manufacturer's name or trademark. The space between the ground and the counter on all four sides must be entirely free of special advertising. Soft drink distributors, bakeries, meat dealers, dairies, and all other suppliers may furnish suitable signs for the inside of stands if requested by the concessionaire. No "A" boards or free standing boards are permitted. No corrugated cardboard signs are permitted.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0212 SIZE RESTRICTIONS

Exhibit and concession materials, equipment or signs shall not exceed eight feet at the rear or three feet on the sides of booth, where walls or backdrops are provided. Signs, materials or equipment placed on the sides of the booth shall not exceed the three‑foot limit.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0213 AREA RESTRICTIONS

A lessee must confine his business, and the promotion and advertising of same on the fair grounds to the space assigned him. Failure to comply with this Rule shall subject lessee, in the manager's discretion, to forfeiture of space privileges without reimbursement.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0214 LOUDSPEAKERS: ETC.

No loudspeaker, amplifier, radio or other broadcasting device is permitted on the State Fair grounds unless written permission is first obtained from the Space Rental Superintendent. Approved loudspeakers must be kept at a reasonable volume so as not to disturb normal business transactions in adjoining exhibits nor the general public. The Space Rental Superintendent reserves the right to revoke loudspeaker permission if the provisions of this Rule are not observed.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0215 DRESS OF LESSEES

Lessees and their help must be neat and tidy in their dress. Persons found working, not complying with this Rule, may be asked to clean up or leave the grounds.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0216 PRICE SIGNS

On the opening day of the fair, each lessee shall cause to be posted in a conspicuous manner at the front or entrance to his place of business and at point of order and point of sale, if different locations, a neatly printed or painted sign, showing price (as approved by management) of meals, lunches, and all articles of food and drink to be sold and services performed under the contract. Lessee shall also keep displayed in plain view of the public his contract number, which will be furnished by the superintendent.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993; November 30, 1979; July 15, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0217 RESTRICTION OF STATE FAIR LIABILITY

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Repealed Eff. October 1, 1987.

02 NCAC 20B .0218 CLEANLINESS

Lessees of space or booth shall keep their space or booth plus the area immediately surrounding their space or booth in a clean and sanitary condition at all times by removing therefrom any filth and refuse and placing same in centralized dump locations on the fair grounds as specified by the space rental and sanitation departments. Lessee must comply with all laws and ordinances regarding disposal of waste. The use of public trash receptacles by purchasers of privileges is prohibited. Violation of this Rule may cause concession or exhibit to be closed and all fees previously paid to be forfeited. Lessee shall not throw any refuse or empty any water or other fluids on the ground or in the streets or gutters. The first violation of this Regulation shall be cause for the place of business to be closed with the forfeiture of all fees paid.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0219 PRIZE DRAWINGS

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Expired Eff. October 1, 2015 pursuant to G.S. 150B-21.3A.

02 NCAC 20B .0220 STORAGE TRAILERS

Trailers used for storage of supplies or offices as a direct part of concessions or exhibits will be permitted to park on the fair grounds in a location determined by the Space Rental Superintendent and must have a sticker or receipt on the trailer proving payment has been made for this privilege.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993; July 1, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0221 MERCHANDISING LICENSES

Persons desiring merchandising licenses or permits to solicit orders for and delivery of articles of food, tobacco, soft drinks, or other articles of merchandise, to restaurants, refreshment stands, or exhibits conducted by themselves or their customers upon the State Fair grounds must first obtain such licenses or permits from the space rental superintendent. Delivery trucks not properly identified with said merchandise permits or licenses shall be prohibited from entering the grounds at any time during the period of the fair. Must operate in accordance with State Fair rules and regulations regarding traffic.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0222 DISPLAY AND SALE OF WEAPONS

The display, sale or distribution of knives and weapons of any type is prohibited upon the State Fair grounds unless such display, sale or distribution is specifically authorized under the terms of an exhibit or concession contract executed by the fair. Failure to comply with this Regulation shall be cause for the immediate termination of space contract and removal from the fair grounds or such other sanction as shall be deemed appropriate by the State Fair Manager.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0223 AUTHORITY TO ALLOW CERTAIN EXHIBITS

The manager shall have authority to deny acceptance or prohibit the showing of any exhibit, animal, concession or show that may be falsely entered or represented; or to deny acceptance or prohibit the showing of an exhibit, animal, concession or show; or authority to remove any sign, banner, display material or advertising matter if such exhibit or display is contrary to law, or violative of the fair's valid interest in providing for the health, safety and protection of the fair‑going public. Further, the manager reserves the right to cancel any contract upon receipt of notice from any fair holding membership in the International Association of Fairs and Expositions or the Western Fair Association, that the exhibitor or concessionaire has been suspended, expelled from or otherwise penalized for violation of contract terms or rules of said member.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0224 ASSIGNMENT OF CONTRACTS

Fair exhibit or concession contracts or portions thereof, may not be assigned, interest therein sublet, or otherwise disposed of without the written consent of the manager. Obligations provided for in said contracts, including payments for space, electrical hook‑up, electrical power and gas, shall remain the obligation of initial lessee, irrespective of approved subleasing or assignment otherwise provided.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. July 15, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0225 GAS OR ELECTRIC SERVICE

(a) The State Fair is not responsible or liable for failure of electric service.

(b) Positively no one shall tamper with, or change, any of the general lighting in any of the State Fair buildings, and no electric connection excluding plug‑ins shall be made by any person not in the direct employ, or under the supervision of, the fair manager.

(c) Prices quoted for electric service are for having electrical power available to the Lessee. Lessee is responsible for all internal wiring and is responsible for having adapter plugs, if necessary, to connect to Fair electrical system.

(d) The fair manager reserves the right to terminate service if conditions of contract are violated.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

SECTION .0300 ‑ COMPETITIVE EXHIBIT REGULATIONS

02 NCAC 20B .0301 EXHIBITS AND EXHIBITORS

(a) The entry department will be open to receive and return exhibits 11 days prior to the fair and nine days following the fair, 8:30 a.m. to 6:00 p.m., except Sunday, when the department will be open from 1:00 p.m. to 6:00 p.m.

(b) Exhibit buildings will be open to the public daily between the hours of 9:00 a.m. and 9:45 p.m. during the fair.

(c) On the last night of the fair, after 9:45 p.m., exhibits may be packed up and stored for removal. No vehicle will be permitted to enter fair grounds to remove exhibits before 8:00 a.m. of the morning following the closing of the fair. Livestock, poultry, and rabbits will have a special release time on the last day of the fair.

(d) No fair superintendent or other employee shall be permitted, directly or indirectly, to make an entry in any department of the fair over which he presides or wherein he may be employed.

(e) The fair manager may limit exhibits to the facilities available at any given time.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993; October 1, 1987; July 1, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0302 LIVESTOCK SANITATION AND OFFICIAL VETERINARIAN

(a) All livestock exhibits will be subject to the rules, regulations and policies as established by the State Veterinarian.

(b) Premises and Management:

(1) All buildings for the use of animals, including exhibition halls or rings, stables, yards and pens, shall be maintained in a sanitary condition. All such buildings, rings, stables and pens shall be thoroughly cleaned and disinfected prior to the exhibition.

(2) If practical, a quarantine division shall be established. If such quarantine division is not available, the owner of any livestock or poultry showing symptoms of any infectious or communicable disease may be required to immediately remove such livestock or poultry from the exhibition premises.

(3) The animal health regulations of North Carolina will be strictly enforced. The regulations will be included in the livestock section of the premium list.

(1) Approve the cleaning and disinfection of the premises before the exhibition is opened and before any domestic animals or poultry are allowed admission to the premises;

(2) Inspect all livestock and poultry on the date admitted to the premises; He shall refuse admission to any animal or bird showing symptoms of any infectious or communicable disease;

(3) He shall refuse admission to any livestock not accompanied by proper health certificates when required; provided he may approve admission if he is satisfied that proper health certificates are being procured or are in transit from the point of origin and provided he is satisfied that such livestock has not been exposed to disease;

(4) He shall inspect all livestock on the exhibition premises at least once daily and shall order the immediate removal or isolation of any animal or bird showing symptoms of any infectious or communicable disease, and shall order and supervise the cleaning and disinfecting of any area from which suspect animals or birds are removed;

(5) At the conclusion of the exhibition, he shall forward a written report to the Board of Agriculture of all violations, if any, of these regulations by any exhibitor of the management, and any other pertinent information relative to the exhibition.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0303 FEES: STALLS: FORAGE: ETC.

Exhibitors must make all applications for entry, specifying the number of animals or birds for which accommodations are desired, directly to:

Entry Department

Administration Building

North Carolina State Fair

1025 Blue Ridge Road

Raleigh, North Carolina 27607

All applications must be accompanied by the entry fee or other fees required by the special rules of the particular competitive department in which entry is made. The superintendent of the department will make all assignments of space for exhibits.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0304 ENTRY REQUIREMENTS

(a) All applications for entry must be made in accordance with instructions and rules of the department premium list. Entry blanks and department rules may be obtained from:

Entry Department

North Carolina State Fair

Administration Building

1025 Blue Ridge Road

Raleigh, North Carolina 27607

The entry blanks, after being filled out and signed, must be filed with the entry department not later than the date specified for the closing of entries in the various departments of the fair.

(b) Entry closing dates for each of the competitive departments will be determined by the fair manager and will be posted in the department premium list.

(c) Exhibitors in the horse, cattle, swine, sheep and poultry departments must pay, upon filing application for entry, the fees required in these departments.

(d) Any animal or exhibit which shows evidence of artificial means having been employed with intent to deceive for the purpose of removing or remedying physical defects or conformation, shall, together with any other entry or entries owned by the exhibitor of same, be forthwith excluded from participation in any of the awards. The said exhibitor likewise shall be prohibited from participation in competition and any and all awards or premiums previously awarded to said exhibitor shall be withdrawn. The judge in each classification shall have authority to make a final determination in the matter.

(e) All animals entered under a breed classification must have been recorded in an association recognized by the particular breed. Exhibitors must produce a certificate or registry at the request of the superintendent in charge of the department.

(f) All animals shown must be owned by the exhibitor from the time of making entry, except as otherwise provided in special rules of the department.

(g) Exhibitors making entries and not exhibiting, shall forfeit all fees paid for entry, stalls, pens and space.

(h) Corporations or partnerships entering for competition must be in lawful existence at the time of making entry, and in all cases must be bona fide, and affidavits relating thereto may be required by the fair manager from appropriate persons.

(i) Exhibits which have been erroneously entered may, at the discretion of the fair manager or the superintendent of the department, be transferred to their proper lots previous to judging. If such lots have been judged, they shall not be re‑judged.

(j) Should any individual, partnership or corporation enter an animal or article in a name other than that of the bona fide owner, except as otherwise provided in special department rules, or attempt to perpetrate a fraud by the misrepresentation of any facts, or in the exhibition of said animal or article, the entry thus made shall not be allowed to compete for or receive any premiums, and said individual, partnership or corporation may, at the option of the fair manager, be barred from further showing, and any premiums previously awarded may be forfeited.

(k) Articles entered for premiums which are the result of mechanical or artistic skill, must be entered in the name of the artist, inventor, manufacturer or maker.

(l) The fair manager reserves the right to refuse entries or prohibit the exhibition of animals or articles entered if the showing of such animals or articles is contrary to law, or violative of the fair's valid interest in providing for the health, safety and protection of the fair‑going public.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0305 JUDGES AND JUDGING

(a) The judges shall read carefully the general rules and all special rules under the head of the department or class in which they are to serve; and especially note and follow those rules bearing on the classes to be judged by them.

(b) Judges shall not award prizes to an unworthy exhibit. No premium or distinction of any kind shall be given to any animal or article that is not deserving. This Rule shall be in effect whether or not there is competition.

(c) Judges shall report to the superintendent any exhibitor who in any way, whether in person or by agent or servant, interferes with them or shows any disrespect to them during the judging. The superintendent may, in his discretion, demand a proper apology from such exhibitor or exclude him from further competition. The fair may withhold from such exhibitor any or all premiums that have been awarded and expel him from further exhibiting at the fair.

(d) The judges and persons acting as clerks to the judges, must use special care, after awards have been made, to see that the same are properly entered in the award book, for it is upon this entry that the payment of premiums is made.

(e) The judge, superintendent and clerk recording the awards of the department must sign the award book at the close of each class immediately after all awards in said class have been made.

(f) Judges will not award premiums to any article or animal because of its mere presence. No premium will be awarded to any exhibit that does not possess high intrinsic merit. Unless otherwise specified in the department rules and regulations, no exhibitor may win more than two premiums in any one individual class, and not more than one premium in any group class. Premiums will be paid to winning exhibitors as soon after the awards are made as it is possible to compile and check all reports. Premiums not paid during the fair will be mailed to the exhibitor at the post office address given on his entry form.

(g) No person who is an exhibitor can act as judge in a class in which he is showing.

(h) If there is any question as to the regularity of an entry, or the right of any animal or article to compete in any lot, the judge or judges shall report same to the superintendent in charge for adjustment.

(i) A faithful observance of all rules governing the exhibit will be required and when in doubt as to the application or meaning of a rule, the superintendent in charge shall construe same by giving his opinion. This opinion, when required by either exhibitor or judge, must be reduced to writing and returned to the entry department with the award books.

(j) In judging livestock, the decision of the official veterinarian and judge as to soundness shall be final.

(k) The decision of the judges shall be final in all cases, except when mistake, fraud, misrepresentation, or collusion, not discovered at the time of the award, is alleged. In such cases, the fair manager shall make the final decision from which no appeal will lie.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0306 PROTESTS AND APPEALS

(a) All protests from a decision of a judge must be made by noon the day after the award has been made to:

Fair Manager

North Carolina State Fair

1025 Blue Ridge Road

Raleigh, North Carolina 27607

An award is made when the notation of the decision of the judge is entered in the department award book.

(b) All protests must be made in writing and be accompanied by five dollars ($5.00) which will be retained by the fair if the protest is not sustained.

(c) No protest or appeal based upon the statement that the judge or judges are incompetent or have overlooked an animal or article will be considered by the fair manager.

(d) All questions in dispute or differences not covered by these rules shall be referred to the fair manager, whose decision shall be final.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0307 PREMIUMS AND AWARDS

(a) The following colors will be used in designating awards except for the horse show:

(1) Championship or Sweepstakes Royal Purple

(2) Reserve Champion Lavender

(3) First Premium Blue

(4) Second Premium Red

(5) Third Premium White

(6) Fourth Premium Pink

(7) Fifth Premium Yellow

(8) Sixth Premium Dark Green

(9) Seventh Premium Light Green

(10) Eighth Premium Tan

(11) Ninth Premium Gray

(12) Tenth Premium Light Blue

(b) Where there are fewer animals or articles shown in lots than the number of premiums offered, the judge may, in his discretion, award a prize or prizes of such grade as the animal or article deserves.

(c) In the livestock departments, where there is but a single exhibitor in a division (lot) of any class, the judge shall award but one premium; where only two exhibitors and only two animals are shown, two premiums may be awarded, but if there be two exhibitors and three or more animals shown, three premiums may be awarded; where there are three or more exhibitors, all premiums may be awarded. Where this Rule conflicts with special rules in any department, the latter will govern.

(d) No animal will be awarded a prize unless promptly brought into the show ring when its lot is called.

(e) Special prizes will not be accepted for classes that do not conform to the regular classification of the department in which they belong, unless for urgent reasons satisfactory to the fair manager and to the superintendent of the department in which they are offered.

(f) Specials must carry money prizes or articles of intrinsic value. Cups, medals or other articles offered as specials must be in the hands of the manager or the entry department on the opening day of the fair or awards will not be made.

(g) Cash premiums awarded in the livestock departments will be paid by check made out to exhibitor and mailed to the post office address of exhibitor as given on the entry blank.

(h) Premium money will be withheld in all instances when exhibits are removed from the grounds prior to the official time of release.

(i) The State Fair reserves the right to make such reductions in premiums of the fair as financial conditions at the time the premiums are payable may justify.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

SECTION .0400 ‑ OPERATION OF STATE FAIR FACILITIES

02 NCAC 20B .0401 AVAILABILITY

Use of buildings and grounds shall be subject to the approval of the Manager of the State Fair on the basis of the following:

(1) being in the public interest;

(2) not in conflict with activities arranged and conducted as a part of the program for year‑round use of the State Fair grounds;

(3) use by a reputable organization, group, firm or individual accepting by execution of a written contract the rules and regulations and rental schedules herein prescribed;

(4) manager may limit the booking of similar events when deemed by him to be in the best interest of State Fair; and

(5) at the option of the manager, an event may have first refusal on the same corresponding date in a subsequent year.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. December 1, 1987; July 1, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0402 CLASSIFICATION OF EVENTS

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Repealed Eff. July 1, 1977.

02 NCAC 20B .0403 CLASSIFICATION OF LESSEE

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. November 30, 1979; July 15, 1978; July 1, 1977;

Repealed Eff. July 1, 1991.

02 NCAC 20B .0404 RENTAL SCHEDULE FOR COMMERCIAL LESSEE

02 NCAC 20B .0405 COST FEE FOR USE BY NON‑COMMERCIAL LESSEE

02 NCAC 20B .0406 BASIC FACILITIES

02 NCAC 20B .0407 BASIC SERVICES

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Repealed Eff. July 1, 1977.

02 NCAC 20B .0408 INCIDENTAL SERVICES

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. November 30, 1979; July 1, 1977;

Repealed Eff. February 1, 1982.

02 NCAC 20B .0409 REHEARSALS: MOVE‑IN AND MOVE‑OUT PERIODS

For setting up and closing down, an additional rental fee will be charged in units of "half‑days," figured at one‑half the stated rental rate per day.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. November 30, 1979;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0410 LIABILITY

Lessee shall be responsible for any damage to buildings, their fixtures and furnishings, and to all other buildings, land and structures on the State Fair grounds resulting from and incident to contracted use. Lessee shall, when deemed advisable by the Manager of the State Fair, be required to furnish bond or procure public liability insurance (with a satisfactory company licensed to do business in the State of North Carolina) to relieve the State Fair division of the North Carolina Department of Agriculture and its officers and employees from any and all accounts, bills, damages, suits and claims in any way arising out of the use of the buildings and/or other facilities on the fair grounds by the lessee.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0411 RESERVATIONS AND PAYMENT OF CHARGES

(a) A tentative reservation may be made for use of the building(s) by any organization, group, firm or individual approved by the Manager of the State Fair, subject to the availability of the facilities, without payment of any fee. Such tentative reservation shall automatically expire on the 10th day following the date upon which the tentative reservation was made.

(b) If the date for which a tentative reservation was made is sought to be reserved by any other qualified organization, group, firm or individual, then the person(s) making the tentative reservation shall be allowed 48 hours after due notice in which to execute a written contract for use of the facilities and to pay the required cash deposit which must accompany such a contract.

(c) In any event, a written contract must be executed not less than 24 hours prior to the scheduled start of any and all performance or exhibition events, at which time lessee shall make a cash deposit of not less than the specified "guaranteed minimum."

(d) Lessee shall be required to make full settlement of 10 percent of the gross revenue if greater than "guaranteed minimum," along with payment for any special items or services provided by the Fair, within 24 hours after the end of the event for which use of the facilities was contracted. The Manager of the State Fair may extend the period for final and full settlement if, in his judgment, additional time is required to determine the accurate gross revenue.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. October 1, 1993; November 30, 1979; July 1, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0412 CONCESSIONS

The State Fair reserves the right to operate (or lease) any and all concession stands and sales within the arena building and elsewhere on the fair grounds and lessee shall have no claim to any revenue from any such concession sales. Lessee desiring to sell any program, books, novelties, records, tapes, tee shirts or other merchandise connected with the event for which the facility was contracted will contact the concession manager and arrange to inventory all items in prior to show time and settle with the concessions manager at the end of the event. All items are subject to approval of the concessions manager. The State Fair Manager reserves the right to waive the above if it is in the best interest of the State Fair and the contract with the event lessee.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0413 ALCOHOLIC BEVERAGES

(a) The possession, sale, or consumption of any alcoholic beverage shall be in compliance with the state alcoholic beverage control laws set forth in G.S. 18B and rules set forth in 04 NCAC 02.

(b) The sampling or sale of alcoholic beverages at an event on the State Fair property shall require approval by the State Fair Manager or his or her designee in negotiation and at the time of the signing of the contract to rent the premises. In making this determination, the State Fair Manager shall consider the following factors:

(1) the nature of the event;

(2) the time of the event;

(3) the number of attendees at the event;

(4) the age of the attendees at the event;

(5) prior history of the event;

(6) other events on State Fair property at that time;

(7) security needed and available at the time of the event; and

(8) the health, safety and welfare of all patrons on State Fair property.

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. December 1, 2014; October 1, 1993; December 1, 1991; January 1, 1991; October 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0414 APPLICABILITY OF REGULATIONS

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Amended Eff. July 1, 1977;

Repealed Eff. October 1, 1993.

02 NCAC 20B .0415 J.S. DORTON ARENA

02 NCAC 20B .0416 GOVERNOR W. KERR SCOTT BUILDING

02 NCAC 20B .0417 HOLSHOUSER BUILDING

02 NCAC 20B .0418 COMMERCIAL BUILDING

02 NCAC 20B .0419 EDUCATION BUILDING

02 NCAC 20B .0420 KELLEY BUILDING

02 NCAC 20B .0421 GRANDSTAND

02 NCAC 20B .0422 OUTSIDE HORSE SHOW RINGS

02 NCAC 20B .0423 L. R. HARRILL YOUTH CENTER COMPLEX

02 NCAC 20B .0424 JIM GRAHAM BUILDING

History Note: Authority G.S. 106‑503;

Eff. July 1, 1977;

Amended Eff. April 22, 1981; April 24, 1980; November 30, 1979; July 15, 1978;

Repealed Eff. February 1, 1982.

02 NCAC 20B .0425 CONDITIONS FOR RENTAL OF FACILITIES

For purposes of this Chapter, "day" means the time used between 8:00 a.m. and 12:00 midnight or any fraction thereof. Time prior to or after the day shall be charged at a rate of one hundred dollars ($100.00) per hour plus attending staffing and services fees, unless otherwise agreed by the State Fair management and the user prior to the event. All users are subject to the regulations of this Chapter and the terms of the lease agreement.

History Note: Authority G.S. 106‑503;

Eff. January 1, 1981;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

02 NCAC 20B .0426 RENTAL RATES: FEES: AND PREMIUM BOOKS

(a) The Manager of the State Fair shall annually publish:

(1) a schedule of fees and other charges governing rental rates for State Fair properties and services; and

(2) a premium book for exhibits and horse shows governing the awarding of cash prizes and other awards.

(b) The Board of Agriculture shall give notice of any hearing at which fees and other charges governing rental rates for State Fair properties and services are approved pursuant to the procedures outlined in G.S. 150B‑12.

(c) Copies of fee schedules and premium books shall be maintained in the Office of the State Fair Manager and made available to the public upon request.

History Note: Authority G.S. 106‑503; 106‑503.1(b);

Eff. February 1, 1982;

Amended Eff. October 1, 1993; June 1, 1982;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.

SUBCHAPTER 20C ‑ PREMIUM BOOK

02 NCAC 20C .0101 SUMMATION

02 NCAC 20C .0102 PUBLICATION AND AVAILABILITY

02 NCAC 20C .0103 EXHIBITS AT THE STATE FAIR

02 NCAC 20C .0104 PREMIUMS

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Repealed Eff. February 1, 1982.

SUBCHAPTER 20D ‑ PREMIUM BOOK: HORSE SHOW

02 NCAC 20D .0101 SUMMATION

02 NCAC 20D .0102 PUBLICATION AND AVAILABILITY

02 NCAC 20D .0103 RULES AND REGULATIONS

02 NCAC 20D .0104 DIVISIONS

02 NCAC 20D .0105 PREMIUMS

02 NCAC 20D .0106 ADOPTION BY REFERENCE

History Note: Authority G.S. 106‑503;

Eff. February 1, 1976;

Repealed Eff. February 1, 1982.