Except as provided in Section 5.72.110, no person shall conduct, manage or carry on a circus or carnival in the City of Santa Barbara without first obtaining a permit as provided in this chapter.
(Ord. 3259 §1, 1967)
Applicants for a permit under this chapter shall file with the
Tax and Permit Inspector a sworn application in writing which shall
contain the following information:
A.
Name
and description of the applicant;
B.
Permanent
home address and local address;
C.
The
time and location of the proposed circus or carnival;
D.
A description
of the number and types of attractions to be operated;
E.
A list
of other areas where applicant has conducted a circus or carnival
within the past two years;
F.
A statement
as to whether or not the applicant has been convicted of any crime
exclusive of traffic violation, the nature of the offense and the
punishment or penalty assessed. If the owner of the circus or carnival
is a corporation, the foregoing information shall be furnished as
to the managing officer or officers;
G.
Such
other information as the Chief of Police deems reasonable and convenient
to aid in his or her investigation as to whether or not a permit should
be issued.
(Ord. 3259 §1, 1967)
At the time of filing the application, a fee of $10.00 shall
be paid to the Tax and Permit Inspector to cover the cost of processing
the application. The application fee shall not be refunded under any
circumstances.
(Ord. 3259 §1, 1967)
Upon receipt of the application it shall be referred to the
Chief of Police, who shall cause such investigation of the applicant's
moral character and record of honesty and fair dealing in the circus
and carnival business to be made as he or she deems necessary for
the protection of the public well being. The Chief of Police shall
also investigate the suitability of the location proposed for the
conduct of the circus or carnival from the standpoint of potential
traffic and law enforcement problems.
(Ord. 3259 §1, 1967)
After completion of his or her investigation, the Chief of Police
shall approve or disapprove the application. The Chief may approve
an application subject to the compliance by the applicant with conditions
imposed for the purpose of protecting the public welfare and interest.
(Ord. 3259 §1, 1967)
The Tax and Permit Inspector shall issue a permit or refuse
to issue such permit in accordance with the recommendation of the
Chief of Police; provided, that no permit shall be issued unless all
City fees and taxes applicable to the proposed circus or carnival
have been paid, and provided further, that the issuance of any permit
shall in no manner be deemed to relieve the applicant from compliance
with all City ordinance requirements.
(Ord. 3259 §1, 1967)
A permit shall not be issued for a period of time longer than,
nor for a location other than, those specified in the application.
(Ord. 3259 §1, 1967)
Any permit issued under this chapter may be revoked by the Chief
of Police upon the determination of facts which would constitute grounds
for the denial of the permit.
(Ord. 3259 §1, 1967)
Any person aggrieved by any decision relating to the denial, conditional approval or revocation of a permit under this chapter may appeal such decision to the City Council pursuant to the provisions of Section 1.30.050 of this code.
(Ord. 3259 §1, 1967; Ord. 5136, 1999)
The application required by this chapter shall be made by the
owner or operator of the circus or carnival business even though the
particular circus or carnival event for which a permit is sought is
sponsored by a charitable or nonprofit organization or by a local
business or other organization whose primary activity is not the operation
of a circus or carnival.
(Ord. 3259 §1, 1967)
This chapter shall not apply to a circus or carnival which is
organized for the purpose of raising funds for a charitable or nonprofit
organization in the City of Santa Barbara and which circus or carnival
is conducted exclusively by members of such organization. A carnival
shall not be deemed to be conducted exclusively by members of a nonprofit
or charitable organization unless all persons managing and operating
all events in a carnival are members of the organization.
(Ord. 3259 §1, 1967)
Applications for a permit under this chapter shall be submitted
to the City at least 30 days prior to the time the proposed circus
or carnival is to be held.
(Ord. 3259 §1, 1967)
