[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991
as Title 7, Ch. 12 of the 1991 Code. Amendments noted where applicable.]
A.
No person shall maintain or operate any transient or
temporary public entertainment within the Town without first obtaining a license
therefor as hereinafter provided.
B.
This chapter does not require a license for the conducting
of fairs, lectures, concerts, exhibitions or entertainments of a scientific,
historical, political, literary or musical character for humane, religious,
charitable or scientific purposes.
A transient or temporary public entertainment is one to which the public
may gain admission by payment of an admission charge. It includes shows, circuses,
exhibitions, carnivals and vaudeville.
Application for a carnival licenses shall be made by the applicant to
the Town Clerk in writing at least 10 days before the planned event, and all
of the information regarding insurance, etc., shall be filed within 10 days
and referred to the Town Board for examination of the qualifications, character
and reputation of the applicant and of the desirability of permitting the
carnival to operate, show or exhibit in the Town.
A.
Insurance required. No license shall be granted unless
the applicant therefor shall have filed with the Town Clerk a public liability
insurance policy in a sum as set by the Town Board from time to time, with
the condition that the applicant shall indemnify and save harmless the Town
and its officers and agents and citizens against any injuries and damages
resulting or arising from the conducting of any carnival for which the license
is issued or from the performance by the applicant or his agents of any negligence
incident to or connected with the conduct of such carnival, and that the applicant
shall pay all judgments, costs and charges that may be recovered against the
Town or any of its officers or agents by reason of the conducting of such
carnival or transient public entertainment.
B.
License fees required. No license shall be issued unless the applicant shall pay a license fee for the operation or maintenance of the public entertainment as set by the Town Board. All public entertainments listed in § 142-2 shall be exempt from any license fee if sponsored by a nonprofit organization.
Such license when issued shall be prominently displayed while the carnival
is in operation.
A.
Food handlers to obtain health certificate. Any person employed
in such carnival for the purpose of preparing, handling or selling food or
drink shall submit to a physical examination and obtain a health certificate
as required by state statute.
B.
Inspection of mechanical devices. The applicant shall indicate
the date of the last state inspection of rides, merry-go-rounds and other
mechanical devices. The Town reserves the right to require inspections of
all mechanical devices that would be available to the public. All inspection
costs shall be paid for by the licensee.
Any license granted by the Town Board under the provisions of this chapter
may be revoked by the Town Chairperson or Town law enforcement officer, provided
that such carnival shall not be maintained if the person who maintains, owns,
controls or operates such carnival shall permit the violation of any provisions
of this Code or state laws or where, in the opinion of the Town Chairperson,
the carnival is deemed undesirable. Revocations or suspensions may be appealed
to the Town Board.