For the purpose of this chapter, a "carnival" is any traveling enterprise offering amusements in the form of rides, games of skill, or both, where prizes may be awarded to successful competitors and which may include an organized program of entertainment or exhibition.
(Ord. No. 77-O-117, 1977)
Applications for permits to conduct a carnival shall be made in writing to the office of the business license inspector on a form to be provided by the business license inspector. This application shall be in the office of the business license inspector at least sixty days prior to the time indicated for the commencement of the planned activity. The application shall be accompanied by the requisite application fee as provided in Section 5.08.100 and shall contain the following information:
(1) 
The name, age, date of birth, residence and mailing address of the person making such application. If the application is made by a partnership, the names and addresses of the partners shall appear. Where the applicant is a corporation, the application shall be signed by the president, vice president and secretary of such corporation and shall contain the addresses of such corporate officers, and a certified copy of the articles of incorporation shall be submitted with the application.
(2) 
The address or legal description of the place where the proposed carnival is to be conducted, operated or carried on. Additionally, the applicant shall submit proof of ownership of the place where the carnival is to be conducted or a written statement of the owner of the premises indicating his consent that the site be used for the proposed carnival.
(3) 
The date or dates and the hours during which the carnival is to be conducted.
(Ord. 77-O-117, 1977)
Upon receipt of a complete application and the application fee, the business license inspector shall refer same to concerned departments of the city, including, but not limited to, the city administrator, city attorney, police chief, fire marshal, planning director and the county health officer, who shall investigate the application and report in writing to the city administrator within 15 days, with appropriate recommendations relating to their official functions as to the granting of a permit and the establishment of special conditions therefor. The city administrator shall act on the application within 30 days of its filing by notifying the applicant in writing of his decision and any conditions of approval.
(Ord. 77-O-117, 1977)
A detailed, written explanation of the applicant's plans to provide security and fire protection, water supplies and facilities, food supplies and facilities, sanitation facilities, vehicle parking spaces, vehicle access and on-site traffic control, provisions for the clean-up of the premises, and provisions for the removal of rubbish after the event has concluded is required. A plot plan showing the arrangement of the facilities, including those for parking, egress and ingress, is also required. Said plans shall be submitted with the application for the permit.
(Ord. 77-O-117, 1977)
As a result of the investigation into the applications pursuant to provisions of this chapter, the city administrator may establish conditions which shall be met prior to the issuance of any permit. The conditions which may be imposed by the city administrator pursuant to the city's general police powers for the protection of the health, safety and property of local residents and persons attending carnivals in the city include but are not limited by the following:
(1) 
Police Protection. An applicant may be required to employ police protection at his own expense. The number, location and type of officers shall be determined and specified by the police chief to provide for the preservation of order and the protection of property in and around the place of the carnival. Funds to employ the specified number of law enforcement officers at the current hourly salary rate by type for the police department shall be deposited with the city at least 10 days prior to the specified date the activity is to occur.
Where the police chief specifies the employment of off-duty peace officers to meet the requirements of this chapter, such peace officers shall be under the complete direction and control of the police chief. The police chief shall be satisfied that the requisite number of peace officers will be provided at all times of operation, plus any specified time prior to and following the event, before a permit is issued.
(2) 
Inspection Procedures. It shall be the responsibility of the police chief or his designated representative to inspect all games at least one day prior to the opening of such event. The following conditions shall be imposed:
(A) 
At least 14 days prior to opening day of such event, applicant shall provide the chief of police a list of games, booths, concessions and rides that will be taking place during said event. This list shall include the description of the game, the amount necessary to play, and type of prizes awarded.
(B) 
At least one day prior to the opening of the event, a representative of the chief of police will inspect the games to be conducted to see that they meet previously established guidelines and regulations.
(C) 
If the event is not conducted according to any and all of the terms of the permit, the chief of police or his representative shall enforce the terms of the permit and may require the cessation of the activity involved in violation of the permit. He may also invoke criminal sanctions, if appropriate.
(D) 
At least seven days prior to the opening of the event, the applicant shall provide for the chief of police a list of all carnival employees to be used at the Placentia site (those receiving a salary or commission, or any compensation for their work). This list shall include name, date of birth, driver's license number and social security number of each employee.
The permittee shall supply the chief of police the same information on part-time or temporary employees hired during such event. This information shall be supplied as soon as practical and in no event less than twenty-four hours prior to such employment.
(E) 
The permittee shall require that all employees respond in person to the police department prior to the opening of the event for the purpose of processing identification cards which shall be issued to all employees.
No employee shall be permitted to participate in the operation of the event unless he prominently displays his identification card on his person during said operation, and no permittee shall knowingly cause or permit any employee to participate in the operation of said event without such identification.
(3) 
Food Concessions. All food and candy concessions shall be operated in compliance with California state law and with the Orange County health department's "Minimum Standards for Cleanliness and Food Protection for Handling Food at Special Events," relating to prepackaged and unpackaged food and beverages. Copies of these standards are made a part of this chapter as though fully set forth herein, and shall be enforced by the Orange County health department.
All commercial mobile trailers with food-vending equipment, whether or not operated by the owner of said equipment, are required to have a valid permit from the Orange County health department prior to operation at the location of the event. Any commercial equipment found in operation without the required health department permits shall be closed.
Applicant shall provide the Orange County health department with a general plot plan that includes the location of each food concession vehicle or stand and the person who will be responsible for the operation and maintenance of the unit. This plan will be delivered to the county health department two days prior to the opening day of the event.
Applicant shall work with the Orange County health department to insure compliance of all health regulations for all food concessions at the event.
Applicant shall designate a representative who shall be responsible for coordination of all food service activities at the event. This person shall contact the health department during the planning stage of the event.
(4) 
Sanitation Facilities. Every permittee shall provide at least one enclosed flush-type water closet facility marked "Men" and one such facility marked "Women" on the premises of a carnival on the basis of one flush-type water closet for each 40 males and one for each 40 females expected to be in attendance. Urinals may be substituted for the required flush-type water closets for men on the ratio of one urinal and one flush-type water closet per 60 males.
Lavatories provided with cold water under pressure, soap, and paper towels shall be provided on the basis of one lavatory for each 75 persons expected to be in attendance.
Where flush-type water closets cannot be made available for the persons in attendance, the city administrator may allow the use of portable chemical toilets. Such chemical toilets shall meet the approval of the county health officer before any license may be issued. Chemical toilets shall be emptied and recharged at the permittee's expense as necessary pursuant to procedures established by the county health officer.
Every permittee shall be required to furnish at least one trash can with 36 gallon capacity with a tight-fitting lid for each 25 persons expected to be in attendance, an adequate supply of plastic bag liners to fit the trash receptacles shall be provided, and each container shall at all times have a plastic bag liner inserted, and, when full, it shall be tied and removed and a new plastic bag liner inserted. The pickup and removal of refuse, trash, garbage and rubbish shall be at least once a day or more often if required by the health officer. A signed contract with a licensed refuse collector shall be submitted to the health officer, and a copy of such contract shall be filed with the health officer. The removal of all trash and refuse shall be at the permittee's expense.
(Ord. 77-O-117, 1977)
All carnivals which are subject to permit pursuant to the provisions of this chapter shall close between the hours of two a.m. and six a.m. of each day.
(Ord. 77-O-117, 1977)
The applicant shall designate a representative for the coordination of all safety-related activities pertaining to electrical and structural matters at the carnival. This person shall contact the city's chief building official during the planning stage of the carnival's development.
Applicant shall comply with all applicable laws and shall obtain and pay for all required permits.
Every applicant planning to conduct a carnival after dark, or planning to allow persons who attend the carnival to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied are lighted at all times. The chief building official shall approve an applicant's lighting plan as a prerequisite to the issuance of a permit pursuant to the provisions of this chapter.
(Ord. 77-O-117, 1977)
Every applicant shall provide adequate parking spaces for persons attending the event by motor vehicle. Persons desiring to operate or conduct a carnival may be called upon to provide a separate parking space for two persons expected to attend the festival by motor vehicle. Such parking areas shall be clearly marked. The traffic engineer shall approve an applicant's "parking plan" before a permit shall be issued.
(Ord. 77-O-117, 1977)
Every applicant shall provide adequate ingress and egress to the carnival premises and parking areas therefor. Necessary roads, driveways, and entrance ways shall exist to insure the orderly flow of traffic into the premises from a highway or road which is a city street or which is a highway maintained by the state. A special accessway for fire equipment, ambulances, and other emergency vehicles may be required. The traffic engineer shall approve the applicant's plan for ingress and egress before a permit shall be issued. Additionally, any applicant may be required to show that traffic guards are under his employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the carnival area.
(Ord. 77-O-117, 1977)
Any applicant may be called upon to post an indemnity bond and/or a performance bond in favor of the city in connection with the operation of a carnival. Bonds required by the provisions of this chapter shall be approved by the city attorney prior to the issuance of a permit. An applicant may be required to submit a surety bond, written by a corporate bonding company, authorized to do business in the state by the Department of Insurance, in a penal amount determined by the city administrator. Such bond shall indemnify the city, its agents, officers, servants and employees against any and all loss, injury and damage of any nature whatsoever arising out of, or in any way connected with, such carnival and shall indemnify against loss, injury and damage to both persons and property. Additionally, the city may demand that the applicant provide a corporate surety bond written by a corporate bonding company, authorized to do business in the state, indemnifying the city and the owners of property adjoining the carnival site for any costs necessitated for cleaning up and/or removing debris, trash, or other waste from, in, and around the premises. Such bond shall be in amount determined by the city administrator.
(Ord. 77-O-117, 1977)
The permittee shall provide liability insurance, naming the city as additional insured, with a minimum 15 day cancellation, in the amount required by the city administrator.
(Ord. 77-O-117, 1977)
The following regulations shall be complied with to provide reasonable fire safety to all carnivals in which canvas tents or similar structures are used, and in buildings used for such occupancies:
(1) 
Approval of plot plan including seating arrangements, exits and location of any liquefied petroleum gas installation shall be secured from the fire prevention bureau in advance. The fire prevention bureau shall be notified in writing of all events in the city at least five working days prior to opening date. Secure necessary permits from the city building official for the erection of tents or temporary structures, electrical wiring, gas piping and/or plumbing.
(2) 
Location of tents and similar structures on the premises, and number and width of exits shall conform to the Rules and Regulations of the State Fire Marshal, local fire and building codes.
(3) 
All tents and similar structures shall be erected and maintained according to the following:
(A) 
All tents, canvas enclosures and combustible decorations shall be treated with a fire-retardant solution in accordance with the requirements of the State Fire Marshal.
(B) 
Exits, aisles and passageways shall be maintained free and clear of obstruction at all times.
(C) 
Exit signs with letters not less than five inches high shall be provided over each exit, and shall be illuminated in tents having a capacity of 100 or more persons.
(D) 
"No Smoking" signs shall be conspicuously posted.
(E) 
No open flame or any device emitting open flame shall be used, except upon special permit.
(F) 
Fire-fighting equipment including portable fire extinguishers shall be provided as required by the Rules and Regulations of the State Fire Marshal and the Orange County fire code.
(G) 
Uniformed firemen for fire guard duty shall be provided as required by the Rules and Regulations of the State Fire Marshal and the Orange County fire code.
(H) 
Public parking of automobiles or trucks shall not be permitted within 100 feet of tents except on public streets. Automotive equipment necessary to the operation of the establishment shall not be parked less than 20 feet from any tent.
(4) 
All electrical wiring shall be installed and maintained in accordance with the requirements of the city's currently adopted electrical code and fire codes. Unapproved extension cords and multiple outlets shall not be permitted. Junction boxes shall be locked after connections have been made. A 15# carbon dioxide type fire extinguisher or equivalent shall be provided in the "hot wagon."
(5) 
It shall be the responsibility of the manager of the show to remove all dry weeds, grass and/or similar vegetation from the premises on which tents or similar structures are to be erected, prior to the erection of such structures or any equipment.
(6) 
The grounds, both inside and outside of tents, shall be maintained free and clear of combustible waste. Such waste shall be stored in approved metal containers with lids and removed from premises. No burning of rubbish on premises is permitted.
(7) 
The storage and use of flammable liquids will be allowed only under the following conditions:
(A) 
Flammable liquids shall not be used or stored in or within fifty feet of any tent or structure used for public assemblage without special permit.
(B) 
Fuel tanks of automotive equipment shall not contain over two gallons of fuel. The cap shall be secured in place and the vent hole in the cap covered. The storage battery shall be disconnected.
(C) 
Not more than two fifty-five (55) gallon drums of Class I flammable liquids shall be stored on premises at any one time. All storage in excess of 110 gallons shall be stored in an approved tank truck operating under permit of the Orange County fire prevention bureau.
(D) 
When drum storage is used, dispensing shall be done only by means of an approved safety drum pump.
(E) 
"No Smoking" signs shall be posted at the bulk flammable liquid storage area.
(F) 
The Underwriters' Laboratory approved safety cans, or those listed in the Fire Prevention Bulletin # 1, shall be used for transportation to, and filling of gas tanks on, equipment. No other type of container will be allowed.
(G) 
Provide a minimum of one 10-BC type extinguisher at each engine and at each fueling location and power supply truck.
(H) 
During refueling of ride equipment, all passengers shall be off rides, and engines being refueled shall be shut down.
(I) 
No dispensing of Class I flammable liquids will be permitted within 20 feet of an open flame or source of ignition.
(J) 
Liquefied petroleum gas storage and handling shall be in accordance with the Rules and Regulations of the state of California and the Orange County fire code.
(8) 
All fire extinguishers shall bear the Underwriters' Laboratories label of approval.
(9) 
The following material will be permitted for a floor covering inside canvas public assembly tents:
(A) 
Flameproofed canvas;
(B) 
Flameproofed sawdust;
(C) 
Noncombustible materials such as decomposed granite and gravel.
Wood shavings and untreated sawdust will not be permitted. Violation of the regulations set forth above shall be sufficient cause for stopping any exhibition, performance or entertainment until the condition is corrected and/or be subject to the disapproval or revocation of the required city permit.
(Ord. 77-O-117, 1977)
Each applicant may be required to provide a financial statement to give assurance of the ability of the promoters and/or applicants to meet the conditions of the permit.
(Ord. 77-O-117, 1977)
The permittee may be required to establish a telephonic communication system for public use where ordinary communications are not available.
(Ord. 77-O-117, 1977)
Any applicant may be required to meet other conditions prior to receiving a permit to conduct a carnival, when determined by the city administrator to be necessary for the protection of the health, welfare and property of local residents and persons attending a carnival.
(Ord. 77-O-117, 1977)
Unless otherwise prohibited, the city administrator may, after reasonable inquiry and with just cause, grant an exemption to any of the provisions of this chapter.
(Ord. 77-O-117, 1977)
After performing the required investigation, the city administrator may deny the issuance of a permit if he finds any of the following:
(1) 
That the applicant fails to meet the conditions imposed pursuant to the provisions of this chapter;
(2) 
That the proposed carnival will be conducted in a manner and/or location not meeting the health, zoning, fire, or building and safety standards established by the laws of the state;
(3) 
That the applicant has knowingly made a false, misleading, or fraudulent statement of material fact in the application for the permit or in any other document required pursuant to the provisions of this chapter;
(4) 
That the applicant, his or her employees, agents, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate, or manager has previously conducted the type of carnival being applied for which resulted in the creation of a public or private nuisance, and there are reasonable grounds to believe a public or private nuisance is likely to result from the present application; and
(5) 
That the applicant, his or her employees, agents, or any person associated with the applicant as partner, director, officer, stockholder, associate, or manager has been convicted in a court of competent jurisdiction, by the final judgment of:
(A) 
An offense involving the presentation, exhibition, or performance of an obscene production, motion picture, or play or of selling obscene matter, or
(B) 
An offense involving lewd conduct, or
(C) 
An offense involving the use of force and violence upon the person of another, or
(D) 
An offense involving misconduct with children, or
(E) 
A felony offense.
Where the application is denied, the city administrator shall mail to the applicant written notice of the denial within 30 days of the filing of the application, which notice shall include a statement of the reasons the application was denied.
(Ord. 77-O-117, 1977)
(1) 
Denial of Conditions or Revocation. Any applicant may appeal a denial or a revocation of a permit, or any condition made part of an approval, by following the appeal procedure established in Municipal Code Section 6.56.080.
(2) 
Issuance. Any interested party, as defined in Chapter 23.04, may appeal the issuance of a permit by following the appeal procedure established in Municipal Code Section 23.87.050.
(Ord. 77-O-117, 1977)
The city administrator, or in the absence of the city administrator, designee, shall have the authority to revoke and reinstate any permit upon suitable conditions when the following causes exist:
(1) 
The permittee fails, neglects, or refuses to pay to the business license division the fee prescribed by the provisions of this chapter;
(2) 
The permittee or his or her employees or agents fail, neglect, or refuse to fulfill any or all of the conditions imposed pursuant to the provisions of this chapter;
(3) 
The permittee allows the carnival to be conducted in a manner which violates any law or regulation established by the laws of the city or the laws of the state;
(4) 
The permittee allows the carnival to be conducted in a disorderly manner or knowingly allows any person to remain on the premises of the carnival while under the influence of intoxicating liquor or any narcotic or dangerous drug; or
(5) 
The applicant or his or her employees or agents are convicted of any of the offenses set forth in previous sections of this chapter.
(Ord. 77-O-117, 1977)
If a notice of revocation is given, the applicant shall be entitled to a hearing. The city administrator shall give written notice, setting forth the causes for revocation and shall state the time and place at which the matter of revocation will be heard before the council. Such notice shall be mailed not later than 10 days prior to the date set for the hearing.
(Ord. 77-O-117, 1977)
It is unlawful to do any of the following:
(1) 
To conduct or operate a carnival without first procuring a permit to do so;
(2) 
To sell tickets to a carnival without a permit first having been obtained;
(3) 
To operate, conduct, or carry on any carnival in such a manner as to create a public or private nuisance;
(4) 
To exhibit, show, or conduct within such place of carnival any obscene, indecent, vulgar, or lewd exhibition, show, play, entertainment, or exhibit no matter by what name designated;
(5) 
To allow any person on the premises of the permitted carnival to cause or create a disturbance in, around, or near any place of carnival by offensive or disorderly conduct;
(6) 
To allow any person to consume, sell, or be in possession of intoxicating liquor while in a place of a carnival except where such consumption or possession is expressly authorized under the provisions of this chapter and under the laws of the state; or
(7) 
To allow any person at the permitted carnival to use, sell, or be in possession of any narcotic or dangerous drug while in, around, or near a place of the carnival.
(Ord. 77-O-117, 1977)
Any of the violations set forth in this chapter shall constitute a criminal act and shall be punishable pursuant to the laws of the city and the laws of the state. The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter. The city retains any and all civil remedies, including the right of civil injunction, or the prevention of such violations and for the recovery of money damages therefor.
(Ord. 77-O-117, 1977)
The city council declares that should any section, paragraph, sentence or word of this chapter of the code, hereby adopted, be declared for any reason to be invalid, it is the intent of the council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid.
(Ord. 77-O-117, 1977)