UPON PETITION of Bryan Provencal and at least twenty-five (25) registered voters of the Town of Hampton, New Hampshire, to see if the Town will vote to amend Chapter 149 of the Code of the Town of Hampton: Entertainment Activities, as follows:
1. § 149-2. Purpose
ADD: “The longstanding commercial nature of the Business/Seasonal (BS) and the Business/Seasonal 1 (BS1) zones have always included and shall likely continue to include the providing of entertainment activity to many visitors who annually come to Hampton Beach. These beach businesses are the economic engine for the Town and the requirement of annual entertainment license for these zones is an unnecessary burden on those operators. The entertainment activity in these zones can be effectively and efficiently regulated by the hours of operation and the sound levels set forth in this ordinance and by the Hampton Police Department, when necessary.”
2. § 149-5. License Required
ADD: However, no license hereunder shall be required by operators engaged in entertainment activities within the Business/Seasonal (BS) and the Business/Seasonal 1 (BS1) zoning districts.”
3. § 149-9. Hours restricted
ADD: “The using, operating, or permitting of an entertainment activity, either inside or outside, in the BS or the BS1 zones shall not be allowed between the hours of 1:00 a.m. and 12:00 noon on any day of the week.”
4. § 149-13A. Complaints, additional restrictions, or conditions
“This section shall not apply to entertainment activity in the BS and the BS1 Zones.”
5. § 149-15. Noise standards applied
C. Noise Levels
ADD: “For entertainment activity in the BS or the BS1 zones, it shall be unlawful for an operator to emit or cause to be emitted any noise beyond the boundaries of his/her/its property in excess of eighty (80) decibels (db) measured in the A scale between 12:00 noon and 12:00 midnight and in excess of sixty (60) decibels (db) between 12:00 midnight and 1:00 a.m.
For determining the noise levels for entertainment activity in the BS and in the BS1 zones, the point at which the sound readings shall be taken and recorded shall be at those points which are located fifty (50) feet from the operator’s property lines.”
6. § 149-16 Police Attendance
This section is intended to and shall hereafter be applicable to both licensed operators of entertainment activity and to operators of entertainment activity within the BS and the BS1 zones.”
7. § 149-19 Violations and penalties
This section is intended to and shall hereafter be applicable to both licensed operators of entertainment activity and to operators of entertainment activity within the BS and the BS1 zones.”
What it means: This Article is offered as an alternative to Article 36. It is put forward to strike a balance between the desire of some people to enjoy peace and quiet in the evenings and the desire of others to enjoy music at beach establishments in the roughly 6 months that the Beach area businesses are active. This article slightly changes the decibels allowed but more importantly changes the hours that music can be played. Article 39 also removes the requirement for an Entertainment Activity license, and makes the Police Department the responsible party for enoforcement (as opposed to the Board of Selectmen or other departments.)
Those in favor say: Approval of this article allows people who go to the Casino for a show to have a place for after-show activities and music. It gives the businesses, employees and entertainers an extra hour of revenue generating time, which is critical to a business which can only operate within a fairly short season. By supporting the businesses, it also protects Hampton’s important tax base. The businesses already need to maintain rigourous standards for their liquor license. The additional burden of maintaining an Entertainment Activities license is simply not necessary when the noise standards can be enforced via the Police Department (who are generally the ones involved in the evenings anyway.)
Those against say: People who come to the beach and rent houses want to be able to get some rest at night. Playing of music late into the night even at lower levels is disruptive and may drive people away.
Fiscal Impact: No tax impact.