[Ord. of 4-6-2005(2), § 8-300]
(a) 
The purpose of this article is to establish standards for persons and organizations to hold special events:
(1) 
That are not part of the ordinary use of commercial or residential properties;
(2) 
That may use more than one property;
(3) 
That may use public roads or town property; or
(4) 
That warrant special attention by the police department or other town offices because of their size or extraordinary nature.
(b) 
A special event is an infrequent occurrence that by its nature may be offered on a one-time or experimental basis.
[Ord. No. 2014-06, June 18, 2014, § 8-301]
(a) 
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
SPECIAL EVENT
Any event that the applicant or sponsor knows or should know by promotion, public announcements, or past experience will attract more than 250 persons or 50 motor vehicles in the commercial zones, or 75 persons or 30 motor vehicles in the residential zones, or will require services beyond those that are regularly provided by the town such as additional police services, traffic control, fire and emergency and medical planning or services, street closures, or trash clean up.
(b) 
Special events may include parades, dances, concerts, fairs, parties, traveling shows or exhibits, road races, fireworks display, triathlons, biathlons, decathlons, bicycle races, amplified music and performances.
(c) 
Special events shall include:
(1) 
An event that requires the partial or full closure of a road or street.
(2) 
An event that will attract 100 or more persons at one time to use the Fred Benson Town Beach or other state- or town-owned property at one time.
(3) 
A wedding, party, or other event held in a residential zone, if the owner knows or has reason to know that the event will attract more than 75 persons or 30 motor vehicles.
[Ord. of 4-6-2005(2), § 8-302; Ord. No. 2014-06, June 18, 2014, § 8-302]
(a) 
It shall be unlawful for a person or organization to sponsor, promote, engage in, or hold a special event within the town without having first obtained a license for a special event from the office of the town clerk.
(b) 
(i) 
In a residential zone, only the owner of the property to be licensed may apply for and hold a license for a special event. In the event that the owner of the property is a legal entity, only a stockholder, member, partner or other owner of such legal entity may apply on behalf of such legal entity for a license for a special event.
(ii) 
In all zones other than a residential zone, only the owner of the property to be licensed or the authorized agent of the owner may apply for and hold a license for a special event.
(c) 
An applicant shall file with the town clerk on a form provided the following information: name and address of the applicant; a description of the proposed event; Assessor's Plat and Lot number and fire number, dates and times of the event; an estimate of the expected attendance and expected number of motor vehicles; the identity of the owner and agent and telephone number by which they may be contacted during the event; a statement by the owner of any private property to be used for which the owner accepts liability for violations of town ordinances and that the owner or an authorized agent of the owner will be present during the event; a statement by the applicant that he or she has made provisions for medical and emergency assistance, protection of neighboring property, litter control and cleanup, septic waste disposal, parking and traffic control, and compliance with all town ordinances including the noise ordinance and all state laws, including those on liquor sales and fire protection.
(d) 
The fee for the license shall be set annually by the town council, and will be on file in the town clerk's office. The fee is nonrefundable. There shall be no fee for nonprofit organizations. An applicant shall file the form at least 30 days before an event.
(e) 
An applicant in a commercial zone may apply for and hold no more than 20 licenses for a special event in any calendar year, of which not more than four shall be open to the public. The town council reserves the right to limit events based on past history.
(f) 
An owner in a residential zone may apply for and hold no more than four licenses for special events in any calendar year; provided, however, that for good cause shown, the town council, in consideration of matters pertaining to health, safety, economics, general welfare, and such other matters as the town council shall deem appropriate, may grant an owner an additional license(s) above the four license maximum during any calendar year.
(g) 
To the extent that legal pre-existing non-conforming commercial uses exist in residential zones and mixed use zones, applicants on behalf of such uses shall conform to the requirements of 8-301, concerning the number of people expected at the event, and 8-302(e), concerning the maximum number of licenses in a calendar year.
(h) 
Outdoor events open to the public for which admission is charged shall end at 5:00 p.m.
[Ord. of 4-6-2005(2), § 8-303]
(a) 
Departmental review may be required by some or all of the following: office of wastewater management, building official, harbormaster, police chief, highway supervisor, and the volunteer fire department and rescue squad.
(b) 
An application may be denied if:
(1) 
The applicant has not complied with 8-302(b) above;
(2) 
The event will present an actual danger to the public health, safety or welfare; or
(3) 
The event will unreasonably disrupt traffic or cause a burden on normal use.
(4) 
If the police chief determines that multiple licenses issued on the same day will create an extraordinary burden on town services.
(c) 
An applicant whose permit application is denied may appeal to the town council.
[Ord. of 4-6-2005(2), § 8-304]
(a) 
Any license holder who violates the terms of the license, or any ordinance of the town, shall be subject to a fine, on file in the office of the town clerk.
(b) 
In addition, the town council, if it determines that a license applicant has violated town ordinances or the terms of the license, may revoke a license for the calendar year, or suspend it, or reissue it conditionally, or deny an application for a subsequent calendar year, after notification has been given and a duly advertised show cause hearing has been convened by the town council acting as board of license commissioners.
[Ord. of 4-6-2005(2), § 8-305]
Following are the exceptions to the provisions of this article:
(1) 
Events sponsored by the town or the school committee.
(2) 
The traditional town sanctioned Fourth of July Parade.
(3) 
The town sanctioned Fourth of July fireworks display on Crescent Beach.
(4) 
Religious events sponsored by a religious organization.
(5) 
Funerals and funeral processions.
(6) 
Events sponsored by or for 26 USC § 501(c)(3) nonprofit charitable organizations shall not be counted against the limit on licenses in a calendar year.