[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:
- FARM-BASED SPECIAL EVENT
- 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 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.
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.
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.
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.
The amount of said fee shall be set by the order of the Town Council.
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:
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.
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.
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.
The grounds shall be maintained free from accumulation of refuse and from health and safety hazards constituting a nuisance as defined.
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.
Parking shall be provided for persons arriving by vehicular means.
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.
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.
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.
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.
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.
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).
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.
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.
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.
The required sanitary facilities shall be conveniently accessible and well defined.
Each toilet shall have a continuous supply of toilet paper.
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.
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.
Wastewater shall be discharged in a manner consistent with the requirements of the State Department of Health and Human Services, Division of Environmental Health.
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.
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.
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.
The area where motor vehicles are parked shall have one thirty-two-gallon refuse container or its equivalent for every 200 such motor vehicles.
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.
The grounds and immediate surrounding property shall be cleared of refuse within 24 hours following the large outdoor event.
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.
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.
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.
Internal and external traffic and security control shall meet requirements of the applicable state and local law enforcement agencies.
The Town of Cumberland Police, Fire/EMS Department has been informed of the event and adequate public safety protection equipment is available.
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.
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.
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.
The event license may be granted subject to such conditions and restrictions as the Council may deem necessary.
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.
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.
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.
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.
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.
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.
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.