[HISTORY: Adopted by the Board of Selectmen of the Town of Conway. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 12.
Amusements — See Ch. 16.
Fireworks — See Ch. 53.
Hawkers, peddlers and solicitors — See Ch. 62.
Parks and Town property — See Ch. 90.
Peace and good order — See Ch. 95.
Public health regulations — See Ch. 99.
Vending carts — See Ch. 170.
As provided for in RSA 286:1 and 286:2, a permit shall be required for all special events in the Town of Conway, with the Board of Selectmen as the licensing authority.
As used in this chapter, the following terms shall have the meanings indicated:
- NONPROFIT AND FOR-PROFIT STATUS
- For the purpose of this permit, nonprofit events shall be defined as those events sponsored by a legally established nonprofit organization or by a group of individuals that is sponsoring the event for community benefit and without profit-making intent. All proceeds shall serve nonprofit purposes and there shall be no profit for event participants. Private for-profit organizations or individuals utilizing nonprofit or public sponsors and facilities must be licensing applicant and are subject to "for-profit" fees. (Note: In general, for-profit events are not permitted at Town parks or facilities. In some cases, however, events such as concerts or theatrical events may be allowed by the Board of Selectmen.)
- SPECIAL EVENT
- An event, whether indoors or outdoors, that is held on public property or streets, nonprofit organization property, or nonresidential private property that can reasonably be expected to cause a public gathering that is not part of the normal course of business at the location. To qualify as a special event, the event must not be permissible or permittable by any other committee, board or officer of the Town of Conway under Town ordinances, policies or bylaws.
The purpose of permitting for special events is to protect the health, safety and public welfare of the general public. The special events permit helps ensure that all parties, event participants, attendees, neighbors, residents and passersby will not be inconvenienced and that their health, safety and welfare will have been fully considered and protected.
The permit shall be for a specific special event at a designated time and place. Each permit request requires the completion of an application. Applications are available at the Conway Parks and Recreation Department (447-5680) and on the Town webpage at www.conwaynh.org and the Conway Recreation Department website at www.conwayrec.com.
All applications shall be submitted to the Conway Parks and Recreation Department for review by the Board of Selectmen. Applications must be received at least 60 days prior to the date of the proposed special event. The Board of Selectmen may, however, accept such applications if received more than 30 days prior to the date of event, if it determines that sufficient time is available to thoroughly review the application. Upon receiving an application, the Board of Selectmen may request recommendations and advice from others pertaining to the issuance of such permits. The actual permit for the special event will not be issued or considered valid until all preconditions and/or exceptions imposed for the special event have been satisfactorily completed or arranged.
If any new exceptions or conditions are presented or otherwise sought by the applicant within 14 days of the scheduled date of the special event, such presentment may be considered a basis for invalidation of the permit application.
The applicant is responsible for obtaining all approvals and signatures required for this permit.
Insurance. A certificate of general liability insurance in the amount of $1,000,000 per occurrence is required for all events on public property. The certificate shall explicitly name the Town of Conway as an additional insured and must state the name and date of the event. Depending on the nature of the event, other insurance may be required.
Permission from property owner.
Town properties may be used only by nonprofit entities or for events sponsored by nonprofit organizations. For such events, the applicant must submit an application for use of public streets, parks and facilities.
For special events held on private commercial property, proof of permission from the landowner is required.
It is the responsibility of the permittee to maintain the site in an orderly and clean manner during the event. It is the further responsibility of the permittee to clean up the entire area immediately following the event.
The permittee is responsible and liable for any damages that occur to Town buildings or the grounds from the permitted activity. Any damages noticed prior to use should be reported to the Conway Parks and Recreation Department.
Event advertising. Advertising for special events must comply with all applicable Town regulations and ordinances. In addition, specific regulations apply to some special events and nonprofit capital project fund-raising event advertising.
Removal of promotional or directional signs. It is the responsibility of the permittee to remove all informational and/or directional signs that are permitted for this event on public rights-of-way within 24 hours following completion of the event.
Police special duty. Special-duty police officers may be required for some events. The applicant must submit a special events police duty form to the Conway Police Department for review (603-356-5785). If special-duty officers are required, fees will be assessed to the permittee. (See police fees in § 110-7 below.)
Requirements for parades. If the event is a parade on a state highway, an approved state parade permit must accompany the application. The application form is available at the Conway Parks and Recreation Department.
Requirements for fireworks. A state permit is required for the display of fireworks. The application form is available at the Conway Parks and Recreation Department.
Events in Conway Village or North Conway Village.
At their request, special events that will be held within the North Conway Water Precinct or the Conway Village Fire District require separate written approval of the fire departments within these jurisdictions. Approvals are arranged through the following offices:
The approval form must be submitted with the Town application. Town of Conway event applications will not be processed until all information, including these approvals, has been received.
Alcohol prohibited. The consumption of alcoholic beverages in any form is prohibited on Town property.
After an initial review of the application and depending on the size, nature and scope of the event, the Board of Selectmen may determine that additional information is necessary for the application to be appropriately considered. Such additional information may include but is not limited to the following:
The applicant will be advised of the requested information; and the response to such request must be in writing, addressed to the Board of Selectmen, reference the application number, and shall be considered as part of the application.
The permit may be revoked at any time if the applicant does not follow the provisions of the permit and if the exceptions and conditions in the permit have not been completed as specified. Revocation of a permit will result in forfeiture of all deposits and fees.
Further, any applicant that breaches the terms and conditions of its permit or any of the exceptions and conditions imposed thereunder shall be subject to a penalty provided under RSA 286:5, as amended.
[Amended 4-11-2017 ATM by Art. 29]
Permit fees. Applicants shall be charged permit fees in an amount set from time to time by the Board of Selectmen.
Inspection fees. Inspections or site visits to notice permittee of a violation of the permit may be required by the Town zoning, building, or health officials. A fee as set from time to time by the Board of Selectmen shall be charged. This applies to both nonprofit and for-profit special events. These fees are not included in the special events permit fee and the Town reserves the right to deduct inspection fees from a permittee's security deposit.
Police fees. If, in the opinion of the Police Chief, special-duty police officers are required for the purpose of public safety at the special event, a fee will be charged in an amount set from time to time by the Board of Selectmen.
Electrical fees. Events requiring electrical service are required to cover the actual or estimated cost of such service.
Trash removal fees. A fee will be charged to remove trash after a special event. The trash removal fee can be avoided if the applicant removes the trash itself.
Field setup fees. Events at Town facilities or fields that require Parks and Recreation Department staff to be present or to assist in setup of a Town park will be charged a fee as set from time to time by the Board of Selectmen.
Sanitation fees. Any special event held at a Town park must have portable toilets. Charges for the units will be set from time to time by the Board of Selectmen. The Parks and Recreation Department will determine the number of units needed based on expected attendance at the event as listed on the special event permit.
Fee waivers. As a general policy, fees are not waived.
Security/Damage deposit. A security deposit in an amount determined by the Board of Selectmen will be required of the applicant to ensure compliance with the terms and conditions of this permit, as generally allowed per RSA 286:4-a.
The purpose of this policy is to protect property values and the area's natural resources that provide the basis for the Town's tourist economy. This policy also encourages uses that are visually and aesthetically consistent with rural living and a tourism economy and serves to promote the health, safety and general welfare of the community.
Only those special events that are approved by the Board of Selectmen and that are expected to attract more than 1,000 people to the Town of Conway are eligible for a special event advertising permit. In certain circumstances, special events in neighboring towns may also be eligible. In the latter case, it shall be the responsibility of the applicant to provide supporting documentation that the special event will provide a substantial benefit to the Town of Conway and the Mount Washington Valley.
A special event advertising permit approved by the Code Compliance Officer and Board of Selectmen is required. A permit application must be submitted no later than 30 calendar days prior to the commencement of the advertising. A denial of a permit may be appealed to the Board of Selectmen no later than 15 calendar days prior to the commencement of the fund-raising effort.
Two forms of advertising are permitted.
Special event advertising may only be affixed to the following utility poles: North Conway Village - New Hampshire Electric Cooperative utility pole numbers 17-9, 13, 14, 16, 18, 20, 22, 80-87, 89, 90, 92 and 93, located between Grove Street and Pine Street in North Conway Village.
The applicant must include a letter from the appropriate utility company(ies) granting permission to affix banners to the utility poles.
Advertising banners shall be designed to complement the rural and resort character of the area (color, shape, graphic display, banner material, etc.).
Banners shall not create any nuisance to vehicles or pedestrians.
The only lettering permitted on such banners shall be the name and dates of the event. Corporate or business logos (whether event sponsors or not) shall not be permitted on the banners.
The special event advertising permit shall be valid for a period not to exceed 15 days. Advertising may be displayed up to eight days prior to the event. Advertising shall be removed within 48 hours of the end of the event.
Pertinent documentation, including photographs or drawings of the proposed banners, is to be included with the application.
[Amended 4-11-2017 ATM by Art. 29]
Fees and deposits shall be set from time to time by the Board of Selectmen. The required deposit is refundable, provided the advertising is removed by the applicant within 48 hours after the event. It shall be the applicant's responsibility to erect and remove all advertising.