Chapter 5.08
BUSINESS LICENSES FOR CIRCUSES, CARNIVALS, OUTDOOR MUSICAL ASSEMBLIES, AMUSEMENTS AND SHOWS

Sections:

5.08.010    Definitions.

5.08.020    Licenses – Required.

5.08.030    Applications and requirements.

5.08.040    Fee – Exemptions.

5.08.050    Approval of other departments.

5.08.060    Regulations.

5.08.070    Hours of operation.

5.08.080    Revocation and other penalties.

5.08.010 Definitions.

For the purpose of this chapter, the following definitions shall apply:

A. “Amusement” means a commercial operated booth or combination of booths which utilize various devices or games for entertainment, including games of chance; throwing or shooting for prizes; striking, lifting or strength test machines or devices; weight guessing; rides; or similar devices, businesses or operations.

B. “Carnival” means a traveling enterprise offering a variety of amusements, exhibitions, shows or similar entertainments.

C. “Circus” means a traveling enterprise offering a variety of entertainments, exhibits, shows or similar entertainments which are available to the patron at a single price or admission cost, whether or not there are additional entertainments, sideshows or amusements available at additional costs.

D. “Outdoor musical assembly” means a display, exhibition, performance or similar entertainment involving presentation of music, either vocal or by musical instrument or any combination thereof, performed outdoors, including but not limited to concerts, musical festivals or other similar events which are open to the public whether or not an admission fee is charged.

E. “Show” means a display, exhibition, performance or similar entertainment, including but not limited to animal exhibits; athletic or acrobatic demonstrations or events; collections, curiosities, including natural or artificial anomalies or phenomena; hypnotism or mesmerism demonstration or shows; magic demonstrations or shows; musical presentations or productions not occurring outdoors; puppet shows; theatrical plays and performing arts events; trained animal acts; and activities of a similar nature. For purposes of this chapter, “show” shall not include any athletic event or acrobatic demonstration which is officially sanctioned as a school sporting event occurring entirely on such school’s property.

F.  “Special event” means any amusement, carnival, circus, outdoor musical assembly or show subject to the provisions of this chapter.

G. “Special event zone” means all properties and public rights-of-way, including but not limited to parks, streets, sidewalks, alleyways, pathways, public and private properties, within the area designated and permitted for the special event. [Ord. 2173 § 1, 2007; Ord. 1843 § 2, 1994.]

5.08.020 Licenses – Required.

No person shall allow, organize, promote, conduct or otherwise advertise any circus, carnival, outdoor musical assembly, amusement or show when it is reasonable, in the opinion of the City Manager or his designee, to believe that 100 or more people will be attracted to the event and regardless of whether or not a charge or contribution is required for admission, without first applying for and obtaining a permit as required by this chapter. Advertisement of the event may be conducted after application for the permit has been submitted, but in no event shall be held unless final approval has been obtained from the City Manager. In addition to the above, any event which is proposed to include electrical or power-generated amplification of music within Central Park must comply with the conditions set forth in SMC 9.34.060(F), including approval of such event by the Parks and Recreation Commission of the City of Sunnyside. [Ord. 2173 § 1, 2007; Ord. 1981 § 2, 1999; Ord. 1843 § 2, 1994.]

5.08.030 Applications and requirements.

A written application shall be made to the City Clerk at least 30 days prior to the date the event is to be held. No permit shall be granted to anyone who has been convicted of a felony directly related to his or her fitness for a license, or a crime of moral turpitude, and no permit shall be granted to any group of persons or corporation if any person having a proprietary or managerial interest in the activity has been convicted of such felony or crime. [Ord. 2173 § 1, 2007; Ord. 1843 § 2, 1994.]

5.08.040 Fee – Exemptions.

The license fee shall be $25.00 for each day of the event. The fee covers expenses of processing the license, and no refund shall be given whether the permit is granted, denied or revoked. Each application will be reviewed and either approved or denied within 10 days after a complete application has been received by the City Clerk.

The applicant shall also pay the following amount as determined by the Chief of Police. The Chief of Police, in reviewing the application, will determine the number of police officers necessary to provide adequate public safety, pursuant to SMC 5.08.060(D). The Chief of Police shall determine the number of hours each police officer must be present to provide adequate public safety. This number of hours shall be multiplied by the overtime hourly rate for the highest patrolman classification in effect at the time of this event. The costs of each police officer shall be added together. This total, plus the $25.00 per day fee described above, shall be the license fee required. The license fee must be paid in advance.

That portion of the police security fee attributed to services provided by the Sunnyside police reserve officers shall be paid to the City of Sunnyside Reserve Association.

The City Manager may waive the $25.00 per day portion of the license fee and the police security portion of the license fee for any bona fide nonprofit organization making application for a license under this chapter, for any event sponsored, sanctioned and promoted by a school or community organization such as the Sunnyside Chamber of Commerce, Sunshine Days Committee, Hispanic Chamber of Commerce, or other similar civic organization. The police security portion of the license may be waived only when the City Manager finds and concludes that such waiver is in the best interests of the City of Sunnyside and its residents. School events shall be exempt from the license and license fee requirements of this chapter when the event is sponsored, sanctioned and promoted by a public school or private school duly formed and existing under the laws of the State of Washington and the event is held entirely on such school’s property and attendance at such event is limited to associated student body members, their relatives, and school personnel.

The license fee for designation of a special event zone shall be $5.00, and is not subject to waiver or exemption. [Ord. 2009-8 § 1, 2009; Ord. 2173 § 1, 2007; Ord. 1843 § 2, 1994.]

5.08.050 Approval of other departments.

The City Clerk shall immediately prepare and distribute copies of every application to the appropriate officials charged with the administration of police and fire safety laws. The applicant shall fully cooperate with these approving departments to ensure that a full review of the proposal is accomplished within 10 days required for the issuance of a permit. When any type of physical facility is required, preliminary approval may be granted upon specific plans proposed and submitted by the applicant. All facilities for musical assemblies shall be in existence five days or more prior to the event, and shall be subject to inspection by all approving agencies. Should the actual facility fail to meet the standards approved in the proposed plan, preliminary approval shall be withdrawn and the permit automatically revoked. [Ord. 2173 § 1, 2007; Ord. 1843 § 2, 1994.]

5.08.060 Regulations.

A. Location – Special Event Zone – Designation. All activities covered by this chapter shall be located only in commercial zones of the City or such other zones as permit similar or compatible activities. The City Manager shall designate the boundaries of the area in which the special event shall occur, which shall be the special event zone for that event. Upon designation of the special event zone and approval of the license for the special event, such special event zone shall be deemed to be private property for purposes of admittance and attendance of invitees of the applicant. Upon designation as a special event zone, the applicant shall have the right to grant admittance and permission to enter and remain within the designated special event zone to every person deemed by the applicant to be an invitee, and shall have the right to deny admittance or permission to any person to enter or remain upon such special event zone or participate in such special event. Any event that proposes to include electrical or power-generated amplification of music within Central Park must further comply with the conditions of SMC 9.34.060(F), including approval of such use by the Parks and Recreation Commission of the City of Sunnyside.

B. Sanitary Facilities. The type and adequacy of the water supply, toilet, waste collection and washing facilities, and food and drink preparation, if applicable, shall be approved by the Yakima County District Health Department.

C. Fire Prevention Standards. The adequacy of fire protection devices and equipment shall be approved by the Fire Chief.

D. Police and Other Security.

1. In reviewing each application, the Police Department shall determine the minimum number of City police officers and the number of hours for each officer to be in attendance at the event for the purpose of providing security.

2. The Police Department may require one or more police officers to be in attendance at the event in addition to any private security officer or officers.

3. The Police Department may require that at least one officer be a female or male. The Police Department may also require evidence that any private security officers to be used be physically capable of performing the task of providing security.

4. In determining the number of City police officers and/or private security officers and their hours to be required, the appropriate information contained in the application and the following shall be considered:

a. The type of activity and its estimated attendance;

b. The design and location of the premises;

c. The past history of disorder associated with events held by the applicant at the premises or for the particular type of activity; and

d. The past record of any private security agency providing security for such event, and the physical and other abilities of the other individual officers assigned to the event.

E. Surety. If the business covered by this chapter or any portion of its operation is located on any street, alley or right-of-way, in order for the operator to receive a license therefor, the operator must post with the City cash, bond or other surety in the amount of $1,000 to ensure that the City street, right-of-way or property is returned to a clean condition and that any damage is repaired after the use of said property by the operator. Additionally, the operator must present to the City an insurance certificate showing coverage in an amount not less than $250,000 in case of injury or damage resulting from the operator’s business, and must include the City as a named insured in the insurance policy. [Ord. 2009-8 § 2, 2009; Ord. 2173 § 1, 2007; Ord. 1981 § 3, 1999; Ord. 1843 § 1, 1994.]

5.08.070 Hours of operation.

No carnival, circus or outdoor musical assembly or similar activity shall be conducted between the hours of midnight and 9:00 a.m. [Ord. 2173 § 1, 2007; Ord. 1843 § 2, 1994.]

5.08.080 Revocation and other penalties.

The City Clerk, or on review the City Manager, may suspend, revoke or refuse to issue a license if the licensee or applicant has violated any of the provisions of this chapter. Any violation of this chapter shall be a misdemeanor, and each violation shall be subject to a fine up to $1,500. [Ord. 2173 § 1, 2007; Ord. 1843 § 2, 1994.]