[Adopted by Ord. No. 8-1997 (Ch. 5.12 of the 1996 Municipal Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any place of amusement operated upon a lot or plot of ground
in the open air, permanent in its nature, and operated by private
enterprise for profit and/or not for profit during this entire year
or any part thereof, whether admission is charged to enter or not.
An amusement show made up of amusement rides, food, games,
animal acts, rides, and sideshow curiosities that is transient in
nature and moves from town to town.
A.
No person shall operate any amusement park, theater for plays or
moving pictures, dancehall, show, exhibit, performance for gain or
reward, play, concert of music, dancing, game, trick, juggling, sleight
of hand, acrobatics, circuses, theatricals, moving pictures or other
amusement of any description or any show which displays or uses any
beast, bird menagerie or any curiosity of nature or art, without first
obtaining a license for that purpose.[1]
B.
No person having the possession or care of any building or premises
within the City shall permit any such amusement to be carried on upon
his/her premises for any price, gain or reward without a license.
The Municipal Clerk shall, if he/she deems it proper to do so, issue an amusement license upon application, pursuant to the provisions of § 213-2, and the payment in advance of the license fee.
All licenses shall contain information as set forth in § 213-2.
The majority of the members of the City Council may, at any
time, revoke the license for any cause which appears to them sufficient
reason for so doing, in which case the license fees received shall
be retained by the City. All licenses issued hereunder shall be conditioned
upon this provision.
A.
Immediately upon collection, the license fee shall be paid to the
City Treasurer who shall give a receipt therefor. A list of all licenses
with the amount received for each shall be presented to the Council
at the next regular meeting after the issuance thereof.
No license shall be issued to any traveling carnival.
A.
Exempt organizations. Baseball, football and basketball games, entertainments
or lecture courses by civic bodies and fire companies of the City
and entertainments or lecture courses, the expense of which are guaranteed
by residents of the City, are excepted from the requirements of this
article.
B.
Charitable or religious organizations. This article shall not apply
to any of the amusements enumerated when the net proceeds are for
the benefit of any charitable or religious organization located within
the City or when given by the pupils of any school in the City, for
the benefit of any kind, to be used for educational purposes of any
school or any subdivision thereof.