[HISTORY: Adopted by the Town Council of the Town of Cumberland 1-8-2018. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Farm Based
Special Events Licensing."
The Town of Cumberland is concerned about the adverse effect
to the general health and safety of the community that may result
from large crowds which attend farm-based special events, including
exhibitions, festivals, music concerts, weddings, and fairs. Large
gatherings may lead to sanitation problems, resulting from inadequate
waste disposal, insufficient drinking water and ill-equipped first
aid facilities; such gatherings may also threaten the safety of the
community through the obstruction of roads, violations of liquor and
drug laws, and destruction of property. Further, large gatherings
that occur within a short period of time create traffic congestion,
crowd control, health, sanitation and safety problems. Therefore,
the following license is hereby ordained for the purposes of protecting
the general welfare, preventing disease, promoting health and providing
for public safety.
As used in this chapter, the following terms shall have the
meanings indicated:
An event held indoors or outdoors on farmland that is at least five contiguous acres in size and is primarily used for farming, agriculture or horticultural activities. Such events may be for commercial purposes other than farming and may include, but are not limited to, weddings, wedding receptions, family reunions, special occasion celebrations, fairs and recreation programs, subject to the requirements of § 315-49.1. Farms must be registered farms with the Town Assessor.
A.
A Planning Board site plan approval is required prior to applying
for the first annual license. Subsequent renewals do not require additional
Planning Board approvals unless the site is modified requiring an
amended site plan approval.
B.
No person may sponsor, promote, operate or hold any farm-based special
event license ("event license") unless a license therefore is first
obtained from the Town Council of Cumberland.
C.
Applications for all event licenses shall be made in writing to the
Town Council and shall state the name of the applicant; his resident
address; the name of the business to be conducted; his business address;
the nature of his business; the location to be used; whether the applicant
has ever had a license to conduct the business therein described either
denied or revoked and, if so, a specific description of the circumstances;
whether the applicant, including all partners or corporate officers,
has ever been convicted of a felony and, if so, the applicant shall
describe specifically those circumstances; and any additional information
as may be required by the Town Council prior to the issuance of said
permit.
D.
No license shall be issued for any thing or act, or premises, if
the premises and building to be used do not fully comply with all
ordinances, codes and regulations of said Town.
E.
The amount of said fee shall be set by the order of the Town Council.
F.
The application review procedure shall require a written plus electronic submission of the Planning Board site plan approval including the notice of decision and conditions of approval. The documents shall be the basis for review of each license. Town staff will review each license and provide a written recommendation to the Town Council prior to the public hearing. The review shall require conformance with the standards set in § 81-5 of this chapter unless waived by the Town Council. Farmers are required to obtain site plan approval only once and not annually unless site plan has changed.
In reviewing submitted pursuant to § 81-4, the Town Council shall determine whether to issue a license based upon whether the application meets all of the following standards:
A.
Access. Convenient and safe access for the ingress and egress of
pedestrian and vehicular traffic exists, and all public roadways in
the proximity of the large outdoor event shall be adequately staffed.
B.
Grounds.
(1)
Each large outdoor event assembly area shall be well drained and
so arranged to provide sufficient space for persons assembled, vehicles,
sanitary facilities, and appurtenant equipment.
(2)
Trees, underbrush, large rocks and other natural features shall be
left intact and undisturbed whenever possible, and the natural vegetative
cover shall be retained, protected, and maintained so as to facilitate
drainage, prevent erosion, and preserve the scenic attributes.
(3)
The grounds shall be maintained free from accumulation of refuse
and from health and safety hazards constituting a nuisance as defined.
(4)
Illumination shall be provided at night beginning 1/2 hour before
sunset to protect the safety of the persons at the large outdoor event.
The assembly area shall be adequately lighted, but lighting shall
not unreasonably reflect beyond the assembly area boundaries unless
adjacent properties are uninhabited.
(5)
Parking shall be provided for persons arriving by vehicular means.
(a)
Service road and parking spaces shall be located so as to permit
convenient and safe movement of vehicular and pedestrian traffic and
free passage of emergency vehicles.
(c)
Adequate parking space shall be provided, which means that there
shall be at least one parking space to every three persons, and the
density shall not exceed 100 passenger cars or 30 buses per usable
acre.
(6)
At least 10 square feet per person shall be provided on the site
for a large outdoor event with assigned seating; at least 15 square
feet shall be provided for a large outdoor event with festival seating;
and no overnight assemblage shall be permitted.
C.
Water supply.
(1)
An adequate, safe supply of potable water, meeting the requirements
of the State Department of Health and Human Services, Division of
Environmental Health, shall be provided and common cups shall not
be used. Service buildings or rooms housing required plumbing fixtures
shall be constructed of easily cleanable, nonabsorbent materials;
the buildings, service rooms, and required plumbing fixtures located
therein shall be maintained in good repair and in a clean and sanitary
condition.
(2)
Transported water shall be obtained from an approved source, stored
and dispensed in an approved manner. "Approved" as used in this subsection
means in compliance with standards adopted by the State Department
of Health and Human Services, Division of Environmental Health.
D.
Sanitation.
(1)
Where water is distributed under pressure and flush toilets are used,
the water system shall deliver water at a normal operating pressure
(20 pounds per square inch minimum to all fixtures at the rate of
at least 30 gallons per person per day).
(2)
When water is not available under pressure, and nonwater carriage
toilets are used, at least three gallons of water per person per day
shall be provided for drinking and lavatory purposes.
(3)
Where water under pressure is not available, equivalent facilities
shall be provided and installed in accordance with the requirements
of the Department of Health and Human Services, Bureau of Health,
Mass Gathering Rules and Informational Guidelines.
(4)
Sanitary facilities shall be provided at the rate of one for each
200 persons. Any other proposal for providing sanitary facilities
must be in accordance with the requirements of the Department of Health
and Human Services, Bureau of Health, Mass Gathering Rules and Informational
Guidelines.
(5)
The required sanitary facilities shall be conveniently accessible
and well defined.
(6)
Each toilet shall have a continuous supply of toilet paper.
(7)
Service buildings or rooms housing required plumbing fixtures shall
be constructed of easily cleanable, nonabsorbent materials; the buildings,
service rooms, and required plumbing fixtures located therein shall
be maintained in good repair and in a clean and sanitary condition.
(8)
Separate service buildings or rooms containing sanitary facilities,
clearly marked, shall be provided for each sex, and each toilet room
shall be screened so that the interior is not visible from the outside.
(9)
Wastewater shall be discharged in a manner consistent with the requirements
of the State Department of Health and Human Services, Division of
Environmental Health.
(10)
Disposal and/or treatment of any excretion or liquid waste shall
be in a manner consistent with the requirements of the State Department
of Health and Human Services, Division of Environmental Health.
E.
Refuse disposal.
(1)
Refuse shall be collected, stored, and transported in such a manner
as to protect from odor, infestation of insects and/or rodents any
and other nuisance condition or conditions which are inconsistent
with the health, safety, and welfare of the patrons of the large outdoor
event or of the public.
(2)
Refuse containers shall be readily accessible, and one thirty-two-gallon
refuse container or its equivalent shall be provided for each 100
persons anticipated or one sixteen-cubic-yard trash container shall
be provided for every 5,000 persons anticipated. All trash barrels
shall be lined with plastic bags.
(3)
The area where motor vehicles are parked shall have one thirty-two-gallon
refuse container or its equivalent for every 200 such motor vehicles.
(4)
All refuse shall be collected from the assembly area at least twice
each twelve-hour period of the large outdoor event, with a minimum
of two such collections per large outdoor event exceeding six hours,
or more if it is necessary, and disposed of at a waste disposal site
approved by the Town.
(5)
The grounds and immediate surrounding property shall be cleared of
refuse within 24 hours following the large outdoor event.
F.
Vermin control. Insects, rodents and other vermin shall be controlled
by proper sanitation practices, extermination or other safe and effective
control methods; where necessary, animal parasites and other disease-transmitting
nuisances shall be controlled.
G.
Safety.
(1)
Where an electrical system is installed, it shall be installed and
maintained in accordance with the provisions of the applicable state
standards and regulations and the Town's electrical codes.
(2)
The grounds, building, and related facilities shall be maintained
and used in a manner as to prevent fire and in accordance with the
applicable local fire prevention regulations.
(3)
Internal and external traffic and security control shall meet requirements
of the applicable state and local law enforcement agencies.
(4)
The Town of Cumberland Police, Fire/EMS Department has been informed
of the event and adequate public safety protection equipment is available.
H.
Noise. No amplification of music or sound shall continue beyond 10:00
p.m. measured by a sound-level meter and frequency-weighting network
(manufactured according the standards prescribed by the American National
Standards Institute), inherently and recurrently generated shall not
exceed a maximum of 60 decibels at lot boundaries, excepting air raid
sirens and similar warning devices.
A.
The Town Council shall, prior to granting an event license and after
reasonable notice to the municipality and the applicant, hold a public
hearing within 21 days of receipt of a completed application, at which
hearing the testimony of the applicant and that of any interested
members of the public shall be taken.
B.
Abutters and neighbors within 500 feet of the event location shall
be notified in writing by the Town of the public hearing for annual
license renewals.
C.
The event license may be granted subject to such conditions and restrictions
as the Council may deem necessary.
D.
An event license shall be valid only until December 31 of any calendar
year.
Each event license may hold up to eight events per calendar year with an approved event license. The Town Council authorizes the Town Manager, or his designee, to meet with license holders to issue permits for proposed scheduled events and to collect fees. Chapter 84, Fees and Fines will list the permit fee for each farm-based special event. Said permit fee shall adequately cover the costs for additional public safety staffing as result of one or multiple events occurring simultaneously in the community. Permit blackout dates around the annual Cumberland Fair are expected due to the lack of local resources to adequately cover the Town.
A.
Whenever inspections of the premises used for or in connection with
the operation of a licensed business which has obtained a farm-based
special event license are provided for or required by ordinance or
state law, or are reasonably necessary to secure compliance with any
municipal ordinance, code or regulation or state law, it shall be
the duty of the licensee, or the person in charge of the premises
to be inspected, to admit any officer, official, or employee of said
Town authorized to make the inspection at any reasonable time that
admission is requested.
B.
In addition to any other penalty which may be provided, the Town
Council may revoke the farm-based special event license of any licensee
in the municipality an inspection or who interferes with such officer,
official, or employee while in the performance of his duty, provided
that no license or farm-based special event license shall be revoked
unless written demand for the inspection is made upon the licensee
or person in charge of the premises at the time it is sought to make
the inspection.
The Town Council may, after a public hearing preceded by notice
to interested parties, suspend or revoke any farm-based special event
license which has been issued under this chapter on the ground that
the music, dancing, or entertainment so permitted constitutes a detriment
to the public health, safety, or welfare or violates any municipal
regulations.
A.
Any licensee requesting a farm-based special event license from the
Town Council shall be notified in writing of its decision no later
than 21 days from the date his application was received. In the event
that a licensee is denied an event license, the licensee shall be
provided with the reasons for the denial in writing. The licensee
may not reapply for an event license within 30 days after an application
for an event license has been denied.
B.
Any licensee who has requested an event license and has been denied,
or whose event license has been revoked or suspended, may, within
30 days of the denial, suspension or revocation, appeal the decision
to the Superior Court.
A.
The Town Council is hereby authorized, after public notice and hearing,
to establish written rules and regulations governing the issuance,
suspension, and revocation of farm-based special event licenses, the
classes of permits, the music, dancing, or entertainment permitted
under each class, and other limitations on these activities required
to protect the public health, safety and welfare. These rules and
regulations may specifically determine the location and size of permitted
premises, the facilities that may be required for the permitted activities
on those premises, and the hours during which the permitted activities
are permitted.
B.
Such rules and regulations shall be additional to and consistent
with all sections of this chapter.
The Town of Cumberland shall enforce this chapter through its
Code Enforcement Officer. Anyone violating any provision of this chapter
shall be subject to a fine not less than $500 nor more than $1,000
per violation. Each day such violation continues shall constitute
a separate offense.
Licenses issued hereunder shall not be transferable or assignable.
