Chapter 9.17
CIRCUSES, CARNIVALS AND AMUSEMENT RIDES

Sections:

9.17.010    Permit required.

9.17.020    Application.

9.17.030    Fees – Carnivals, circus and amusement rides.

9.17.040    Fees – Booths – Food, beverage and games.

9.17.050    Deposit.

9.17.060    Issuance or denial.

9.17.070    Display.

9.17.080    Revocation or suspension.

9.17.090    Hours of operation.

9.17.100    Alcoholic beverages prohibited.

9.17.110    Proper and adequate lighting required.

9.17.120    Adequate security.

9.17.130    Parking.

9.17.140    Fees – Designated.

9.17.010 Permit required.

It is unlawful to conduct a carnival, circus, or amusement rides within the incorporated limits of the city unless a valid permit has been issued to the operators of such 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. 1258 §1(part), 1985).

9.17.020 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 supply:

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 operation;

D. Evidence of a proper zoning and land use requirements;

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. Photographs and fingerprints of every employee of the operator shall be required prior to opening for business on the first day of the event;

G. Copy of a certificate setting forth the city, its officers, employees, and agents as an additional named insured on a liability insurance policy in an amount of not less than one million dollars combined single limit to operate as primary insurance and to further provide that no other insurance carried by the city, its officers, employees and agents will be called on to cover a loss covered thereunder;

H. A statement certifying:

1. The correctness of the information given on the application.

2. 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. (Ord. 1258 §1(part), 1985).

9.17.030 Fees – Carnivals, circus and amusement rides.

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

A. Operators. Permit fee for the principal operator of any carnival, circus, or amusement rides shall be two hundred dollars per day.

B. A carnival, circus, or amusement rides for the benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, hospital, or charitable purposes, nonprofit organization, group or club where such activity is operated by a profitmaking or commercial business on behalf of such nonprofit organizations, a permit fee of fifty dollars shall be imposed. (Ord. 1258 §1(part), 1985).

9.17.040 Fees – Booths – Food, beverage and games.

A. Booths whether for food, beverage, games, or souvenirs, shall pay a fee of fifty dollars per event lasting three days and seventy-five dollars per event lasting four or more days.

B. All operators and employees of operators of booths shall obtain a permit with the individuals names and photo thereon from the police chief for a fee of ten dollars per individual. This permit shall be worn at all times on the outer garment of the operators and employees.

C. This section shall not apply to booths operated by any religious, fraternal, education, military, state, county, municipal, or service organization or association when the receipts derived are to be wholly for the benefit of such organization and not in the whole or any part for private gain or any person. (Ord. 1258 §1(part), 1985).

9.17.050 Deposit.

If the activity is to be conducted upon city property and if the application is approved, the applicant shall submit a deposit totaling one thousand dollars to insure payment of contemplated cleaning of premises, removal of advertising material and repair charges to city owned property. The deposit will be refunded to the applicant within five working days of the conclusion of the event, less any applicable costs as determined by the director of parks and recreation or his designee. (Ord. 1258 §1(part), 1985).

9.17.060 Issuance or denial.

If all requirements of this chapter are adhered to, the chief of police shall issue such permit. If any of the requirements have not been met, the chief of police shall not issue such permit. (Ord. 1258 §1(part), 1985).

9.17.070 Display.

All carnivals and transient amusement facilities operating within the regulations of this chapter must:

A. Display a copy of their valid permit in a conspicuous place;

B. Each employee must wear his identification card issued by the city police department on the outer garment. Failure to wear this card may be grounds for suspension or revocation of such permit. (Ord. 1258 §1(part), 1985).

9.17.080 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. 1258 §1(part), 1985).

9.17.090 Hours of operation.

The hours of operation shall not exceed the hours between nine a.m. and eleven p.m. each day. Exceptions may be made to this time limitation in the case of a circus which does not include games of chance of any sort. (Ord. 1258 §1(part), 1985).

9.17.100 Alcoholic beverages prohibited.

It is unlawful to sell or permit the sale of alcoholic beverages except by permit issued by the chief of police. Alcoholic beverages shall not be offered as prizes. (Ord. 1258 §1(part), 1985).

9.17.110 Proper and adequate lighting required.

The applicant shall insure that proper lighting is provided in all areas in, around, and between areas readily accessible to the general public. (Ord. 1258 §1(part), 1985).

9.17.120 Adequate security.

Security shall be provided by the applicant whenever such facility is open to the public. Type of security and number of security officers working shall be subject to approval of the chief of police or his designee. (Ord. 1258 §1(part), 1985).

9.17.130 Parking.

The applicant shall establish and maintain fire department and public works approved physical parking barriers designed to prevent the entrance of cars and motorcycles. These barriers shall be established at least fifty feet from any concession or amusement activity on the carnival site. (Ord. 1258 §1(part), 1985).

9.17.140 Fees – Designated.

The fees established herein may from time to time be changed by resolution of the city council. (Ord. 1258 §1(part), 1985).