For purposes of this chapter, the following words shall have
the following meanings:
shall mean a business enterprise consisting of amusements
which include, but are not limited to, merry-go-rounds, Ferris wheels,
or other similar mechanical apparatus or rides; menageries; trained
animal acts, circuses, animal rides, petting zoos or similar animal
exhibitions; acrobatic shows or other physical feats or demonstrations;
sideshows, games or tests of strength, skill or other capacity; and
public eating places for which a fee or payment may be charged for
entry into the location, viewing of any such entertainment or amusement,
participation in any of its activities, or purchase of food, drink
or merchandise.
shall mean each ride, show, store, booth, game, eating place
or other public attraction which is part of a carnival, as defined
in this section.
(Prior code 6346(a); Ord.
90-269 § 1, 1990)
1.
Scope of License. A license to operate a carnival entitles
the licensee to operate and manage the entire carnival. It may also
authorize the licensee to operate carnival concessions, provided that
the concession(s) are specified in the application for such a license,
that the proceeds from the concession(s) are to be disbursed, "split"
or otherwise apportioned by or through the licensee to whomever runs
the concession(s). Otherwise, a separate license is required for each
concession to be operated at any carnival, and every applicant therefor
must comply with the provisions of the application requirements of
this section to the extent applicable to any such concession.
2.
Application Information.
(a)
In addition to the information prescribed by the Director, every
person applying for a business license to operate, conduct or manage
a carnival or concession shall file an application with the Director
which shall contain the following information:
(1)
If a corporation, the applicant shall provide a copy of its articles
of incorporation;
(2)
A detailed description of the date(s), location(s), and hours of
operation of the carnival or concession;
(3)
A list of the names of all agents and employees involved in the operation
and management of the carnival in the event that the license is for
a carnival, and a similar list of agents and employees involved in
the conduct of the concession if the license is for a concession;
(4)
A detailed schedule of the concessions to be presented by the applicant
at the carnival, including the various fees to be charged, the names
of the person(s) in charge of each concession, and the rules for the
operation of each such concession;
(5)
Copies of all contracts, agreements or other written memorandum between
the applicant and any other person(s) with respect to the operation
of each concession at the carnival, including a statement as to disbursement,
"split" or other apportionment of the proceeds between the applicant
and any other such person(s);
(6)
A detailed description of the mechanical devices or equipment owned
by or under the control of the applicant to be used in the operation
of the carnival or concession;
(7)
Copies of all policies and binders of liability insurance, including,
but not limited to, vehicle, public, product and professional, and
worker's compensation insurance held by the applicant;
(8)
Copies of the applicant's rules and regulations governing the operation
of the carnival or concession;
(9)
Proposed date, time and location for on-site inspection prior to
the commencement of the carnival or concession;
(10)
A statement that the applicant agrees to operate the carnival or
concession in strict accordance with the provisions of this chapter
and all other applicable laws, and assumes full responsibility for
the lawful and safe operation of the carnival or concession; and
(11)
Where the applicant for a carnival or concession license is not the
sponsor of the carnival or concession, state the name, address and
telephone number of each sponsor and give a detailed description of
the functions, responsibilities and obligations of any such sponsor
in the operation of the carnival or concession.
(b)
The application shall be filed at least sixty days prior to the commencement
of any carnival.
3.
Sponsors. Every person, association or other organization
sponsoring a carnival or concession for a charitable purpose shall
comply with the provisions of this code regarding charitable solicitors
in addition to the requirements herein prior to the commencement of
such carnival or concession.
4.
Current Supplementary Information Required. The applicant
or licensee shall be required to keep the information required on
the application for a carnival or concession License current by supplementing
or modifying the information to maintain its accuracy. Supplementary
information shall include, but is not limited to: future date(s),
location(s) and hours of operation of the carnival or concession(s);
new or otherwise undisclosed agents and employees involved in the
operation of the carnival or concession(s); new or otherwise undisclosed
sponsor(s) of the carnival or concession(s); and new or otherwise
undisclosed concessions to be presented at the carnival.
5.
Additional Conditions. In addition to any conditions which
may be imposed pursuant to this title, a license required by this
chapter shall be subject to the condition that the applicant or licensee
satisfactorily undergo an on-site inspection of the location(s) of
the licensed activity by interested officers or departments of the
city or county prior to commencement of the licensed activity. The
Director may impose such other conditions as the Director finds necessary
for reasons of health, sanitation, noise, clean-up, and the general
welfare of the public. Such conditions shall appear on the license.
(Prior code 6346(b); Ord.
90-269 § 1, 1990; Ord.
08-800 § 2, 2008)
1.
Responsibilities of Licensee. The carnival licensee shall
be responsible for the manner in which all rides, exhibits, shows,
games and other concessions assumed under the carnival license are
conducted, regardless of whether the licensee is operating independently
or in conjunction with, or as an agent for, any civil, church or charitable
organization. A carnival concession licensee is similarly responsible
for the conduct of the concession(s) for which he or she is licensed.
2.
Posting of Regulation. All rules pertaining to the operation
of any ride, game or other concession must be posted conspicuously
at the location of the ride, game, or other concession. The fee for
viewing, participating or otherwise engaging in any ride, game or
other concession must also be conspicuously posted.
3.
Concessions – Operation Requirements.
(a)
All players or participants in any game or other concession must
be given an equal opportunity to play or participate. Prior to permitting
any person to play or participate in any game or other concession,
the concession operator shall collect the posted fee and return the
proper change to the player or participant. The concession operator
shall not collect for more than a single game from any player or participant
at one time. The use or employment of "sticks," "shills," or any person
posing as a patron, when not really a patron, is prohibited. The employment
or utilization of minors under the age of sixteen years of age in
the operation of any rides, games or other concessions is prohibited.
Games or other concessions utilizing foul lines wherein any person
or persons involved in the operation of the game or concession are
the sole determiners as to whether or not a player has fouled, are
prohibited.
(b)
No concessions other than those submitted to and approved by the
Director shall be played, conducted, permitted or allowed at the carnival
location.
(c)
Any packaged merchandise disbursed as a prize shall be plainly marked
and its contents described conspicuously. Only items of merchandise
that can actually be won by any player may be displayed in conjunction
with any game or other concession. No other merchandise or prize shall
be displayed. Special games or other concessions wherein a player
is charged a larger fee than other players are charged in order to
win or compete for any special or larger prize are prohibited.
4.
Game of Chance Prohibited. Games of skill are permitted
under a carnival, or concession license. Games of chance are prohibited.
(Prior code 6346(c); Ord.
90-269 § 1, 1990; Ord.
08-800 § 2, 2008)
