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Smithtown, NY Special Events & Permits: Street Fair Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Application deadline
At least 60 days before the event
Insurance required
$1,000,000 combined single limit
Application fee
$100, nonrefundable
Fire inspection
By noon of last business day before opening
First-offense fine
Up to $500
Issuing authority
Town Board approval, Town Clerk permit

Summary

All carnivals, fairs, bazaars and similar special events are prohibited in Smithtown unless the Town Board approves them in writing and the Town Clerk issues a permit, which requires a 60-day-advance application, $1 million liability insurance, and a fire safety inspection before opening.

All special events are prohibited in the Town of Smithtown, except when such special events are approved, in writing, by the Town Board. Any special event authorized pursuant to § 119-2A of this chapter shall be conducted only upon the issuance of a permit by the Town Clerk. Such permit shall be issued only upon the filing of a written, verified application completed in accordance with this chapter by an officer of the organization sponsoring such special event, at least 60 days prior to the day of the commencement of such special event.

Full Breakdown

Chapter 119 defines a 'special event' as any outdoor entertainment involving tents, booths or temporary structures, expressly including carnivals, circuses, fairs, bazaars, menageries and sideshows, typically featuring rides, exhibitions of skill, animal exhibitions or games (§ 119-1B). Section 119-2 flatly prohibits all special events in the Town unless the Town Board approves them in writing, and any approved event may only run once the Town Clerk issues a permit based on a verified written application filed at least 60 days before the event by an officer of the sponsoring organization.

Section 119-3 spells out the application: a certificate of public liability insurance of at least $1,000,000 combined single limit naming the Town as additional insured and noncancellable without 15 days' notice, plus a separate owners' and contractors' protective liability policy of the same amount; a description of the premises and its zoning classification and that of all property within 500 feet; the number and type of amusements and equipment; the event's dates and daily hours; the sponsoring organization's EIN and contact person; the disposition of proceeds; and a nonrefundable $100 application fee (waivable for military, veterans, school district or Smithtown-based entities).

Before the Town Board reads the application, § 119-4 requires the applicant to post a sign on the premises at least five days before the meeting and file a posting affidavit with photographs, then post again no more than 10 days before the event itself. Section 119-5 lets the Town Board deny the permit if the event would disturb the public peace, harm adjoining properties, or conflict with public health, safety or welfare, and lets the Town impose conditions including a security deposit for site restoration and reimbursement for added police, parks and highway costs.

Section 119-8 adds a firesafety condition: the event cannot open until the Department of Public Safety Fire Prevention Division confirms all tents, rides and electrical equipment are nonhazardous, with everything in place for inspection by noon of the last business day before opening.

Violations & Fines

Running a special event without Town Board approval and a Town Clerk permit, or violating any permit condition, is punishable under § 119-7 by a fine up to $500 for a first offense and up to $1,000 for any subsequent offense, recoverable as civil damages in the Town's name; permits are also subject to immediate revocation for violating chapter provisions under § 119-5F.

Frequently Asked Questions

Can I hold a bazaar or carnival in Smithtown without Town Board approval?
No. Section 119-2A prohibits all special events, including fairs, bazaars and carnivals, unless the Town Board approves the event in writing and the Town Clerk then issues a permit.
How much insurance does a Smithtown special event need?
Section 119-3A requires a certificate of public liability insurance of at least $1,000,000 combined single limit for bodily injury and property damage, naming the Town as an additional insured, plus an owners' and contractors' protective policy of the same amount.
What happens if the fire inspection fails before a Smithtown street fair opens?
Under § 119-8, the event cannot commence or open to the public until the Fire Prevention Division of the Department of Public Safety reports that all tents, rides and electrical equipment are nonhazardous and reasonably fireproof.

Sources & Official References

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