In accordance with the provisions of RSA 31:39, I(h), (k) and (n), authorizing the Town of Hampton to enact bylaws, the following chapter for the regulation of entertainment activities is adopted by the Town of Hampton by the Annual Town Meeting assembled.
[HISTORY: Adopted by the Town Meeting of the Town of Hampton 3-9-2010 by Art. 29; ballot vote: Yes 1895, No 877. Amendments noted where applicable.]
The Annual Town Meeting of the Town of Hampton ordains that it is in the public interest to promote the general welfare of the residents and hereby establishes that it is public policy to regulate entertainment activities. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Town of Hampton and its inhabitants.
A.
For the purposes of this Chapter, the words "entertainment" and "entertainment activity" shall mean to include the activity of "outside entertainment activity."
[Added 3-11-2014 by Art. 33]
As used in this chapter, the following terms shall have the meanings indicated:
A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of the land or water.
[Amended 3-11-2014 by Art. 33]
[Added 3-14-2023 by Art. 34]
Beach District: Is defined as the area encompassing the Hampton Beach Village District.
Route 1 Town District: The area adjacent to Route 1 in the following Town of Hampton zoning districts: G, B, TC-S, TC-H, TC-N.
Industrial District: All properties located in the Town of Hampton Industrial Zones as identified on the zoning district map.
Includes, but is not limited to, any live band, musician, performer, entertainer, disc jockey, comedian, person, concert, dance hall, jukebox, karaoke equipment, record player, sound device, and/or any type of mechanical music device that is audible outside of the building or premises.
[Amended 3-11-2014 by Art. 33]
A license issued by the Board of Selectmen to any person to conduct an entertainment activity in an establishment or place on a regular basis for a specific licensed period.
Includes, but is not limited to, bars, cafes, discotheques, nightclubs, performing arts centers, motion-picture theaters, theaters, dance halls, music halls, lecture halls, halls, restaurants or any other establishment, or similar place of public assembly, which regularly provides entertainment for its patrons and has a valid on-premises liquor license issued by the State of New Hampshire or a dance hall license from the Town. For purposes of this definition, "establishment" or "place" shall include any occupied connecting rooms, space, or area on the same level or in the same story, or in a story or stories above or below, where entrance is common to the rooms, space or area.
[Amended 3-11-2014 by Art. 33; 3-14-2023 by Art. 34]
Any person who has been issued an entertainment license or a temporary entertainment license by the Board of Selectmen.
Includes, but is not limited to, any live band, musician, performer, entertainer, disc jockey, comedian, person, concert, jukebox, karaoke equipment, record player, sound device, and/or any type of mechanical music device for the purpose of entertaining patrons in a location on the premises of the licensed establishment, other than a fully enclosed building capable of containing noise emissions, that results in noise emissions that are audible beyond the property line of the premises.
[Amended 3-11-2014 by Art. 33]
Any person, individual, employee, business, firm, or corporation, partnership, association, owner or operator, and/or any other legal entity.
A lot of record or a vessel on the water.
[Amended 3-11-2014 by Art. 33]
A license issued by the Board of Selectmen to any person to conduct an entertainment activity or outdoor entertainment on a specific date, for a specific period of time, at a specific location.
[Amended 3-14-2023 by Art. 34]
[Amended 3-14-2023 by Art. 34]
The Board of Selectmen of the Town of Hampton shall regulate and issue entertainment licenses and set fees thereof.
It shall be unlawful for any person operating an establishment to conduct, operate, hold, and/or host any entertainment activity within any building or premises within the Town who does not possess an entertainment license as issued by the Board of Selectmen.
No person shall engage in or provide an entertainment activity in any building or premises without first having obtained an entertainment license from the Board of Selectmen, who shall set the criteria therefor. Any person who complies with the requirements of this chapter shall be entitled to receive and retain such a license.
Any person requiring a license to conduct an entertainment activity in an establishment or place may be licensed for a period of 12 months from the first day of April of each year.
A.
All licenses granted under this chapter shall continue and remain in full force and effect for a period from the first day of April each year until 12:00 midnight on the 31st day of March of the following year.
B.
A temporary license granted under this chapter shall be valid for the period specified.
The Board of Selectmen may vary the hours of the entertainment activity based upon the circumstance of the application (i.e., more restrictive hours or additional hours).
The using, operating, or permitting of an entertainment activity shall not be allowed between the hours of 1:00 a.m. and 12:00 noon on any day of the week; outside entertainment shall only be allowed between 12:00 noon and 11:59 p.m. in the Beach and Industrial Districts of the Town.
The using, operating, or permitting of an entertainment activity shall not be allowed between the hours of 9:00 p.m. and 12:00 noon Sunday to Thursday, or between 11:59 p.m. to 12:00 noon Friday and Saturday in the Route 1 Town District area.
Outdoor entertainment shall only be allowed from Memorial Day to Columbus Day each year and shall only be allowed between the hours of 12:00 noon and 11:59 p.m. where allowed.
Any entertainment activity, outside entertainment activity or special event with an expected capacity of 1,500 people or more must have approval of the Board of Selectmen.
A.
The license fee shall be $365 for each licensed establishment or place, paid in advance of issuance of the license.
B.
In addition to the fee payable pursuant to this chapter, the person shall reimburse the Town for any expense occasioned by the issuance of the license for the entertainment activity.
All applications for renewals of licenses shall be in accordance with § 149-6 and must be filed with the Board of Selectmen no later than the first day of March of any year in order to keep the renewal privilege. The Board may issue renewal licenses at any time thereafter.
[Amended 3-14-2023 by Art. 34]
Any license issued under this chapter may only be transferred to another with the approval of the Board of Selectmen or shall be deemed void.
A.
Should the entertainment activity give rise to complaints from the public and from any of the following departments as to noise, litter, and overcrowding, the Board may hold a hearing to determine whether or not it should make any orders limiting the entertainment activity in time or place or otherwise restricting such entertainment activity to accommodate the needs of public peace, order and safety: the Health Department, the Building Department, the Police Department, or the Fire Department and/or their designees. Complaints shall be brought by written form only and shall contain the location of the entertainment or place concerned in the complaint and the name(s), address(es) and phone number(s) of the person(s) filing said complaint. The complaint shall be in detail and contain the date of, time of and the type or cause of the complaint and/or incident.
[Amended 3-11-2014 by Art. 33; 3-14-2023 by Art. 34]
B.
As a condition of the entertainment license and at any time during the period the license is in effect, the person may be subject to additional restrictions or conditions ordered by the Board of Selectmen upon the recommendation from following departments as may be warranted by any circumstances pertaining to the entertainment activity and/or to prevent any nuisance related to or caused by the entertainment activity: the Health Department, the Building Department, the Police Department, or the Fire Department and/or their designees. A nuisance, in addition to its common law meaning, is anything that endangers life, health or safety, gives offense to senses, violates common standards of decency or obstructs the reasonable use, enjoyment, or habitation of any property.
It shall be the responsibility of the person to whom a license hereunder is issued to prevent any nuisance related to or caused by the entertainment activity. Such nuisance does not necessarily have to emanate from the entertainment activity as it includes any nuisance related to or caused by patrons as well as employees. The operation of any establishment or place utilizing a license hereunder shall at all times be compliant with any applicable provisions of the State Fire Code and Life Safety Code.
[Amended 3-13-2012 by Art. 35; 3-11-2014 ATM by Art. 33]
The using, operating, or permitting of an entertainment activity on any premises in such a manner as to disturb the quiet, peace, or repose and/or comfort of the neighboring inhabitants or the repose of persons in any office, or in any dwelling, hotel, or other type of residence, or of any persons in the vicinity or any time with louder volume than is necessary for convenient hearing for the person or persons who are in the premises in which the entertainment activity is situated and who are voluntary listeners thereto is prohibited and is governed by all of the following provisions:
A.
Noise Levels.
It shall be unlawful for any licensee to emit or cause to be emitted any noise beyond the boundaries of his/her/its premises in excess of the noise levels established in these regulations.
Noise Level Standards.
Sound from any entertainment source controlled by this ordinance shall not exceed the following limits at the nearest lot line of the "receiving" private or public property:
Sound Pressure Limits
[Decibel levels (dB) measured in the A Scale]
[Amended 3-13-2018 by Art. 36]
Day/Night | Late Night |
|---|---|
12:00 Noon to 11:00 p.m.* Monday through Thursday | 11:00 p.m. to 11:59 p.m. Friday, Saturday, Sunday, and legal holidays defined in RSA 288 |
75 dB | 75 dB |
*Because the Decibel level A Scale [dB(A) Scale] responds most closely to the range of sounds audible to the human ear, the dB(A) Scale shall be used for all sound pressure measurements; and a violation of the standards of this Section that exceeds 10 seconds in duration shall be deemed to constitute a violation of this Ordinance. [Amended 3-14-2023 by Art. 34] |
The Board of Selectmen may waive the noise level standards for events sponsored by the Town, the Hampton Beach Village District, or the State of New Hampshire including, but not limited to, parades, special events, occasional public concerts, and fireworks displays. |
B.
Sound devices shall be controlled to keep sound emanating from the premises within normal and tolerable limits.
C.
The intensity and volume of noise will be regulated so as to cause as little disturbance outside the building as possible. Means of regulation will include, but not be limited to, location of the bandstand and orchestra within the building, insulation or soundproofing of the building, keeping of baffles such as doors and windows closed during hours permitted and the regulation of volume control on speakers. The Chief of Police or his designee and/or the Building Inspector shall act as the enforcement authority of this provision.
[Amended 3-13-2018 ATM by Art. 36; 3-12-2019 ATM by Art. 42]
When it is determined by the Chief of Police or his designee to be necessary to preserve order, protect the health, safety, and welfare of the residents of the Town, or to help avoid traffic-related problems, public disturbance, or public nuisance, all establishments and places licensed under this article may be required to hire an off-duty police officer or officers during those hours the Chief of Police or his designee deems appropriate. The Chief of Police or his designee may suspend this requirement as he deems appropriate, but the requirement may be reinstated at the discretion of the Chief of Police or his designee. Payment for services of these personnel shall be borne by the licensee at current wage rates, plus 50% or such rate as is voted by the Board of Selectmen under RSA 41:9-a.
The Chief of Police or his designee(s) shall have the following power:
A.
To enter upon any premises as licensed under this chapter, at reasonable times, to ascertain the manner in which the license is exercised under this chapter;
B.
To demand the exhibition of the license for the current year or time period by a person engaged or employed in the establishment or place. If the person fails then and there to exhibit the license, the entertainment license shall be suspended or revoked and the person shall be punishable as provided for under this chapter;
C.
To revoke licenses of a temporary character at any time without notice in his discretion; and
D.
To issue citations for the violation of any of the provisions of this chapter.
A.
At any time after a license has been issued under this chapter to any person, it may be suspended or revoked and cancelled by the Board of Selectmen if the entertainment activity violates any of the public statutes or ordinances of the Town, or is conducted in a building which does not conform to the fire statutes, ordinances or regulations of the Fire Department or Building Code, and/or an unreasonable amount of complaints have been filed and/or the establishment or place is used for criminal purposes.
(1)
Prior to the suspension or revocation and cancellation of any license, the Board shall notify the affected licensee of the pending suspension or revocation and the reason therefor and the licensee shall have the opportunity to mediate with the complainant. The Board shall also provide the affected licensee with a reasonable opportunity to be heard by the Board prior to the suspension or revocation.
[Amended 3-14-2023 by Art. 34]
(2)
A license shall be revoked for any violation of federal or state or local law.
B.
Licenses of a temporary character may be revoked and cancelled at any time by the Board of Selectmen without notice at its discretion.
C.
Licenses revoked.
(1)
Upon the successful appeal of a license that has been revoked, the license shall be restored with new or revised conditions or restrictions on the license.
(2)
A license that has been revoked shall not be subject to renewal or restoration, except that an application for a new license may be submitted and acted upon after the expiration of at least one year from the date of revocation.
Any person or persons violating the provisions of this chapter shall be guilty of a violation and subject to fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for the third and any subsequent offenses, to be issued in the form of a summons and notice of fine as provided in RSA 502-A:19-b. Such summons shall be issued by a police officer or any authorized employee or official of the State of New Hampshire. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder, and any fines collected hereunder shall inure to such uses as the Town may direct.
If any provision, word, clause, section, paragraph, phrase or sentence of this chapter is found by a court of competent jurisdiction to be unconstitutional, unlawful or unenforceable, such unconstitutionality, unlawfulness or unenforceability shall not affect the other provisions of this chapter, provided that the purposes of this chapter can still be achieved in the absence of the invalid provisions.
This chapter shall become effective when adopted by the Annual Town Meeting of the Town of Hampton and shall repeal all other ordinances or portions of ordinances relating to the noise regulation of dance halls.