Chapter 5.08


5.08.010    Permit – Required.

5.08.020    Permit – Application – Contents.

5.08.030    Permit – Application – Investigation – Cost held in trust – Compliance with provisions.

5.08.040    Permit – Issuance denied when.

5.08.050    Permit – Issuance approved when – Contents.

5.08.060    Permit – Term – Fee.

5.08.070    Revocation of permit – Causes specified.

5.08.080    Revocation of permit – Notice of hearing.

5.08.090    Denial of permit – Appeal – Hearing.

5.08.100    Restrictions on location.

5.08.110    Upkeep – Disorder and intoxicating liquor prohibited.

5.08.120    Exhibition of permit on request.

5.08.130    Violation – Penalties.

5.08.010 Permit – Required.

It is unlawful for any person, firm or corporation to operate a carnival within Whatcom County, Washington, outside of the limits of any incorporated city or town, without obtaining a permit therefor in compliance with the provisions of this chapter. (Prior code § 4.20.010).

5.08.020 Permit – Application – Contents.

Applicants for permit under this chapter must file with the auditor of Whatcom County a sworn application in writing (in duplicate) on a form to be furnished by the county auditor, which shall give the following information:

A. Name and description of applicant, or if a firm or corporation, the partners or principal officers;

B. Permanent home address and full local address of the applicant;

C. A brief description of the nature of the carnival proposed to be operated;

D. The length of time for which the right to do business is desired;

E. The exact location where the carnival is proposed to be operated;

F. The fingerprints of the applicant, or the partners or principal officers, and the names of at least two reliable property owners of the state of Washington who will certify as to the applicant’s good character and business responsibility, or in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate character and business responsibility;

G. A statement as to whether or not the applicant, or if a firm or corporation, the partners or principal officers, has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor. (Prior code § 4.20.020).

5.08.030 Permit – Application – Investigation – Cost held in trust – Compliance with provisions.

A. Upon receipt of such application, the original shall be referred to the sheriff who shall cause such investigation of the applicant’s business and moral character to be made as he deems necessary for the protection of the public good.

B. The sheriff shall submit an itemized statement of such cost of investigation to the auditor, who shall draw a check for the amount on the $200.00 held in trust, in payment of said costs.

C. Any balance remaining of the $200.00 shall be returned by the auditor to the applicant after the close of the carnival and the county executive is satisfied that all labor and material liens are satisfied, that all debris, refuse and rubbish are removed from the premises to the satisfaction of an examining officer and that all provisions of the permit and license have been complied with. (Ord. 93-048 (part); prior code § 4.20.030).

5.08.040 Permit – Issuance denied when.

If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the sheriff shall endorse on such application his disapproval and his reasons for the same, and return the application to the county auditor who shall notify the applicant that his application is disapproved and that no permit shall be issued. (Prior code § 4.20.040).

5.08.050 Permit – Issuance approved when – Contents.

A. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the sheriff shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for, and return the permit, along with the application, to the county auditor who shall, upon payment of the prescribed fee, deliver to the applicant his permit.

B. Such permit shall contain the signature and seal of the issuing officer and shall show the name and address of the applicant, the year for which the permit is issued, and the location at which the carnival shall be operated. (Prior code § 4.20.050).

5.08.060 Permit – Term – Fee.

The permit shall be issued by calendar years and the fee therefor shall be as set forth in the Whatcom County Unified Fee Schedule for each calendar year, or any part thereof. (Ord. 93-080 Exh. F; prior code § 4.20.060).

5.08.070 Revocation of permit – Causes specified.

Permits issued under the provisions of this chapter may be revoked by the action of the county executive of Whatcom County after notice and hearing, for any of the following causes:

A. Fraud, misrepresentation, or false statement contained in the application for permit;

B. Fraud, misrepresentation or false statement, made in the course of carrying on the business of operation of the carnival;

C. Any violation of this chapter, or any violation of state law by either the applicant or his agents, or persons engaged in operating concessions or devices authorized or permitted by the applicant;

D. Conviction of any crime or misdemeanor involving moral turpitude. (Ord. 93-048 (part); prior code § 4.20.070).

5.08.080 Revocation of permit – Notice of hearing.

Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing. (Prior code § 4.20.110).

5.08.090 Denial of permit – Appeal – Hearing.

A. Any person aggrieved by the action of the sheriff or the county auditor in the denial of a permit or license as provided in Section 5.08.040 shall have the right of appeal to the Whatcom County council. Such appeal shall be taken by filing with the clerk of the county council, within 14 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal.

B. The county council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 5.08.080 for notice of hearing on revocation. The decision and order of the county council on such appeal shall be final and conclusive. (Ord. 93-048 (part); prior code § 4.20.120).

5.08.100 Restrictions on location.

No carnival, nor any part thereof, nor any game, ride or exhibition therein shall operate within 150 feet of any dwelling or residential structure, and such reasonable distance from any county road right-of-way as the sheriff deems necessary and reasonable to preserve the safety of persons, vehicles and animals using said right-of-way; provided, this section shall not be a bar to the issuing of a permit where the owner of such dwelling or residential structure consents in writing to the issuance of said permit. (Prior code § 4.20.070).

5.08.110 Upkeep – Disorder and intoxicating liquor prohibited.

Every carnival and all the games, rides, exhibitions and devices therein shall be kept and operated in a clean and sanitary manner and without causing disorder or disturbance of the peace, and to that end, the use of intoxicating liquor shall be prohibited on the carnival premises. (Prior code § 4.20.080).

5.08.120 Exhibition of permit on request.

Carnival operators are required to exhibit their permit at the request of any citizen. (Prior code § 4.20.090).

5.08.130 Violation – Penalties.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $100.00, or by imprisonment in the county jail not to exceed 60 days, or by both fine and imprisonment. (Prior code § 4.20.130).