RESORTS REPORT
Under Scrutiny
by Kendra Kozen
Spring 2008
Local governments investigate two New England waterpark resorts.
The operators of two New England waterpark resorts have come under fire from officials. One was charged with stiff fines and threatened with arrest.

The more serious incident involves the Red Jacket Mountain View Resort and Kahuna Laguna Waterpark, in Conway, N.H. The town denied operators a certificate of occupancy after inspectors found a 1,500- square-foot ventilation building included in the development, which officials said was added after the initial site plan for the waterpark was approved.

When the $14 million waterpark opened without the certificate, the town issued a restraining order.

The park continued to operate for approximately two more weeks, until a county judge issued an injunction imposing fines of $1,000 for every day Kahuna Laguna had operated without a certificate of occupancy, totaling approximately $14,000. In addition, there were to be fines of $1,000 per hour for every hour the waterpark remained open after the injunction was issued, and if Red Jacket didn’t comply and cease operations immediately, an arrest warrant was to be issued for the company’s vice president.

The resort complied with the injunction and within days, received approval for an amended site plan, allowing the waterpark to reopen.

No one from the resort responded to requests for comments, but Red Jacket Vice President Paul McBride said in court that the decision to keep the waterpark open was made to accommodate scheduled vacationers, the New Hampshire Union Leader reported.

In Danvers, Mass., officials want to question CoCo Key Water Resort operators over alleged violations of the resort’s operating license for coin-operated games. The concern is whether an adult over the age of 18 is supervising the game room at all times, as the operating agreement requires.

Another concern is whether the resort is operating outside of its stated business model by allowing outside guests. According to officials, the original plan was to open the waterpark to hotel guests and large parties only. No one from the resort responded to requests for comments.



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