Chapter 5.20
CIRCUSES, CARNIVALS, OUTDOOR MUSICAL ASSEMBLIES, AMUSEMENTS AND SHOWS

Sections:

5.20.010    Definitions.

5.20.020    Licenses—Required.

5.20.030    Applications and requirements.

5.20.040    Fee—Exemptions.

5.20.050    Approval of fire department.

5.20.060    Regulations.

5.20.070    Hours of operation.

5.20.080    Revocation and other penalties.

5.20.010 Definitions.

The following terms and definitions shall be used in the administration of this chapter:

“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.

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

“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.

“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.

“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.

(Ord. 444 §1, 2006).

(Ord. No. 519, § 1, 12-1-11)

5.20.020 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 mayor or his/her designee, to believe that one hundred 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 no event shall be held unless final approval has been obtained from the city council. In addition to the above, any event which is proposed to include electrical or power-generated amplification of music within Hund Park must comply with the conditions as herein set forth in Section 5.20.060(A)(1). The permit required under this chapter is separate from and in addition to the business license issued under Chapter 5.04, which may also be required when applicable.

(Ord. No. 639, § 1, 12-17-20; Ord. No. 519, § 1, 12-1-11; Ord. 444 §2, 2006)

5.20.030 Applications and requirements.

A written application shall be made to the city clerk/treasurer at least thirty 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. 444 §3, 2006).

(Ord. No. 519, § 1, 12-1-11)

5.20.040 Fee—Exemptions.

A. The license fee shall be fifteen dollars 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 fourteen days after a complete application has been received by the city clerk/treasurer.

B. 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 or security personnel necessary to provide adequate public safety, pursuant to Section 5.20.060 of this chapter. The chief of police shall determine the number of hours each police officer or security person must be present to provide adequate public safety. If the city provides police personnel, the 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 fifteen dollars per day fee described above shall be the license fee required. The license fee must be paid in advance. If the city does not provide the required police personnel, the applicant shall hire, at its sole expense, qualified security personnel in the number and hours determined to be needed by the chief of police. All security personnel hired by the applicant must be approved in advance by the chief of police.

C. The city clerk/treasurer may waive the license fee as set forth hereinabove and the police security portion of the license fee for any bona fide non-profit organization making application for a license under this chapter, for any event sponsored, sanctioned and promoted by a school or bona fide community organization. The police security portion of the license may be waived only when the city council finds and concludes that such waiver is in the best interests of the city 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.

(Ord. 444 §4, 2006).

(Ord. No. 519, § 1, 12-1-11)

5.20.050 Approval of fire department.

The city clerk/treasurer shall immediately prepare and distribute a copy of every application to the fire chief of Grant County Fire District No. 8. The applicant shall fully cooperate with the Fire Chief to insure that a full review of the proposal is accomplished within fourteen 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. 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. 444 §5, 2006).

(Ord. No. 519, § 1, 12-1-11)

5.20.060 Regulations.

A. Location. 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, as well as being held in a facility which is designed for, and built for public assembly; and, provided however, that no operator of any business covered by this chapter shall be entitled to use a city street or right-of-way without having received, in advance, permission and authority to do so from the city council.

1. Hund Park—No Amplification of Sound Within Hund Park—Exceptions. There shall be no electrical or power-generated amplification of music within Hund Park, except for the following:

a. Electrical or power-generated amplification of music within Hund Park may be allowed for an “outdoor musical assembly”, as such is defined in Section 5.20.010 of this chapter, subject to the following conditions:

i. In addition to any license required pursuant to this chapter, the applicant must obtain prior approval of the city council; and

ii. The outdoor musical assembly must be a concert, musical festival or other similar event, which is open to the public and without admission fee; and

iii. The hours and duration of the event shall be as approved by the city council; provided, however, in no event shall any outdoor musical assembly using electrical or power-generated amplification of music continue past nine p.m., or commence earlier than ten a.m., on any day.

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 comply with Grant County health district standards.

C. Fire Prevention Standards. The adequacy of fire protection devices and equipment shall be as required by the fire chief of Grant County Fire District No. 8.

D. Police and Other Security.

1. In reviewing each application, the chief of police shall determine the minimum number of police officers and/or security personnel and the number of hours for each person 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 by physically capable of performing the tasks 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 therefore, the operator must post with the city, cash, bond or other surety in the amount of one thousand dollars to insure 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 one million dollars 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. 444 §6, 2006).

(Ord. No. 519, § 1, 12-1-11)

5.20.070 Hours of operation.

No carnival, circus or outdoor musical assembly or similar activity shall be conducted between the hours of midnight and nine a.m.

(Ord. 444 §7, 2006).

(Ord. No. 519, § 1, 12-1-11)

5.20.080 Revocation and other penalties.

The city clerk/treasurer, after review by the mayor, 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 civil infraction, and each violation shall be subject to a civil penalty up to one thousand five hundred dollars. The applicant shall have no criminal history, including drug and alcohol violations of any kind.

(Ord. 444 §8, 2006).

(Ord. No. 519, § 1, 12-1-11)