CHAPTER 5A
CARNIVALS

5A.1 Permit required.

It shall be unlawful to conduct a carnival, circus, fair, amusement rides, or other transient amusement facility within the incorporated limits of the city, unless a valid permit has been issued to the operators of such an activity by the chief of police of the city. Such permit shall be required prior to the issuance of any business license required by any other ordinance of the city. (Ord. No. 67-14, § 1; 79-34, § 1.)

5A.2 Same - Application.

Any interested person desiring such a permit required by this chapter shall make application with the chief of police at least thirty days prior to the proposed date of showing. To be considered, the application must set forth:

(a)    The name and address of the applicant.

(b)    The name and address of the proprietor or person to be in immediate charge of the place of amusement.

(c)    The date or dates of showing or operation.

(d)    Evidence of proper zoning and land use permits.

(e)    Proposed location of such activity and written permission from the respective landowner, leaseholder, and other persons holding an easement over the property to use the property for such an event.

(f)    Such other information as the chief of police may deem necessary, including, but not limited to fingerprint records of every employee.

(1)    No permit will be issued to any amusement operator who employs any person who has been convicted of a felony, or any crime involving moral turpitude, or is required to be registered as a sex offender. (Ord. No. 98-6, § 1.)

(g)    A statement certifying:

(1)    The correctness of the information given on the application;

(2)    That the place of amusement will be covered by liability insurance from an insurer authorized to do business in the state of not less than $1,000,000 combined single limit, provided that the City of Fairfield, its officers, employees, and agents are to be named insureds under the policy, and that the policy shall stipulate that this insurance will operate as primary insurance, and that no other insurance effected by the city or other named insureds will be called on to cover a loss covered thereunder. The applicant agrees to operate facility in a safe manner and assume the defense of, indemnify, and hold harmless the city and its officers, employees and agents from all claims, loss, damage, injury, and liability of every kind, nature and description, directly or indirectly, arising from the performance of his operation.

(3)    That the equipment used, procedures practiced, and food sold are in conformance with the local and state laws including the health, safety, and sanitation requirements.

(h)    If the applicant believes it qualifies for a reduced permit fee pursuant to Section 5A.3(2), a statement certifying that the applicant has a contract with a local non-profit organization pursuant to which a portion of the proceeds from the carnival will be contributed to the non-profit corporation; or that the carnival is designed exclusively for young children under the age of ten (10) years;

(i)    A statement indicating whether or not alcoholic beverages will be sold or furnished at the carnival. (Ord. No. 94-16, § 1.)

5A.3 Same - Fee.

The application shall be accompanied by a nonrefundable permit fee as follows:

(1)    First day - $750.00; each consecutive day thereafter - $500.00 This fee is in addition to any license which is now or hereafter may be required to be paid.

(2)    Where carnival type shows are designed exclusively for young children under the age of ten (10) years, or where the carnival has a contractual agreement with a local charity or non-profit organization and a portion of the proceeds from the carnival is to be contributed to said local charity or non-profit organization, the fee shall be $100.00 for the first day, and $10.00 for each consecutive day thereafter. (Ord. No. 94-16, § 2.)

(3)    Carnivals which are exempt from business license taxes under Sec. 10.15 of the Fairfield City Code, shall be exempted from the payment of a permit fee. (Ord. No. 77-27, §§ 1,2; Ord. No. 78-8, § 2.)

5A.4 Same - Cash deposit.

If the application is approved, the applicant shall submit a cash deposit totaling one thousand dollars to insure payment of contemplated cleaning of premises, removal of advertising materials and repair charges to city-owned property. (Ord. No. 67-14, § 4.)

5A.5 Same - Issuance or denial.

If all requirements of this chapter are adhered to, the chief of police shall issue such permit. If any of all requirements have not been met, the chief of police shall not issue such permit. (Ord. No. 67-14, § 9.)

5A.6 Same - Display.

All carnivals and transient amusement facilities operating within the regulations of this chapter must (1) display a copy of their valid permit in a conspicuous place, and (2) each employee must display his identification card issued by the city public safety department upon request. Failure to display the same to any authorized law enforcement officer may be grounds for suspension or revocation of such permit. (Ord. No. 67-14, § 10.)

5A.7 Same - Revocation or suspension.

The chief of police may revoke or suspend this permit at any time, if in his opinion, any part of this chapter is violated, extraordinary events occur requiring the curtailment of such activity, or if any activities are found to be objectionable to the public health, safety or welfare. (Ord. No. 67-14, § 11.)

5A.8 Hours of operation.

No carnival, circus, fair, amusement rides, or other transient amusement facility shall operate before 9:00 a.m. nor after 10:00 p.m. (Ord. No. 94-16, § 3.)

5A.9 Alcoholic beverages.

The sale or furnishing of beer or wine shall be permitted only under the following conditions:

(1)    A license to sell alcoholic beverages is obtained from the State of California if required by state law or regulation.

(2)    Beer or wine is sold or furnished only to those persons who may lawfully consume alcoholic beverages.

(3)    The sale or furnishing of beer or wine is confined to a specific, predetermined location approved by the chief of police, such as a beer garden or wine garden, which is segregated from other event activities by means of fixed or portable barricades, walls, ropes, or other devices.

(4)    Beer or wine is not sold or furnished in metal or glass containers; however, event souvenir containers of metal or glass may be approved if the applicant demonstrates to the satisfaction of the chief of police that their use will not constitute a safety hazard.

(5)    The sale or furnishing of beer or wine can be accomplished without jeopardizing the safety of event sponsors, event participants, or the surrounding community. (Ord. No. 94-16, § 4.)

5A.10 Proper and adequate lighting required.

The applicant shall insure that proper lighting is provided all areas in, around, and between areas readily accessible to the general public. (Ord. No. 67-14, § 7.)

5A.11 Security plan required.

The chief of police shall require the applicant to submit a security plan to assure that the public peace will be kept, and to assure that the provisions of this article, this code, and all applicable laws and ordinances are observed. The number and duties of such security personnel will be determined by the chief of police after an assessment of the following factors: past experience with similar events; the nature of the surrounding land uses; the design and layout of the facility where the event is proposed; the hours of the day and days of the week during which the event will be scheduled; projected attendance figures; and the availability of alcoholic beverages at the event. (Ord. No. 94-16, § 5.)

5A.12 Parking barriers required.

The applicant shall establish and maintain police department approved physical parking barriers designed to prevent the entrance of cars and motorcycles. These barriers shall be established at least fifty (50) feet from any concession or amusement activity on the carnival site. (Ord. No. 77-27, § 2.)

5A.13 Inspection of premises by fire chief required.

For this section, "fire chief" means City of Fairfield Fire Chief, or his duly authorized representative.

Prior to a permit being issued, the fire chief shall inspect the premises and ensure that the following conditions are met:

(1)    All canvas tents and structures of similar flammable material are flame-proofed, as required by the California Administrative Code.

(2)    All concessions serving food and all internal combustion engines have at least one fire extinguisher located within ten feet of the site of the concession or engine, and such other extinguishers as may be required.

(3)    All weeds, trash, and other flammable materials shall be removed or stored in approved containers.

(4)    All electrical motors, wiring, generators, extension cords, and other electrical fixtures shall be maintained and operated in a safe manner as determined by the building inspector and fire department.

(5)    At least one emergency access lane twenty (20) feet wide to go from a public road to the carnival site.

Access by fire and rescue vehicles to within one hundred (100) feet of all concessions and amusement activities must be possible. Emergency access lanes shall be clearly identified through the use of physical barriers designed to prevent the entrance of automobiles and motorcycles. The applicant shall be responsible for establishing an emergency access lane, and keeping it free from all obstructions.

If the fire chief deems it necessary, firefighters and fire equipment shall be located at the carnival site. The cost of such services and equipment shall be deposited in advance with the director of finance by the applicant. (Ord. No. 77-27, §§ 3,4.)(Ord. No. 93-9, § 4.)