For purposes of this chapter, the words "circus" and "carnival" are defined as follows:
"Carnival"
is a traveling or itinerant commercial amusement enterprise consisting of sideshows, vaudeville, games, merry-go-rounds or other mechanical amusement devices temporarily located within the county. However, a carnival shall not be construed to include or mean a festival or amusement enterprise set up and conducted by any permanent religious, charitable or nonprofit organization of the county upon real property owned by such organization and conducted within an area of twenty thousand square feet or less.
"Circus"
is a traveling or itinerant commercial amusement enterprise utilizing an enclosure of any kind, but usually circular or rectangular, partially surrounded by seats, used for exhibitions of horsemanship, acrobatic performances, acts of clowns, feats of animal training or the like, temporarily located within the county.
(Ord. CS 1375, 5/21/2024)
It is unlawful for any person, firm or corporation, either as principal, agent or employee, to open, carry on or operate in the unincorporated area of the county, any circus or carnival without first obtaining from the county a license so to do.
(Ord. CS 1375, 5/21/2024)
A. 
Before the license is issued, the applicant shall make a written application upon a form provided by the treasurer-tax collector. The application, together with all license fees required under this chapter, shall be submitted to the treasurer-tax collector at least ten days (except as hereinafter provided) prior to the opening date of the circus or carnival and shall contain the following:
1. 
The name under which it shall be operated;
2. 
The name and permanent address of the owner;
3. 
A certificate of adequate public liability and property damage insurance in an amount as set by the board of supervisors by resolution;
4. 
A certificate of adequate workers' compensation insurance;
5. 
The address of the proposed operation, including a legal description of the property on which the proposed operation will be located, together with a drawing showing the geographical limits of all uses, including entrances, exits and public parking spaces which will be made available for customers and viewers;
6. 
A description of rest room facilities available; and
7. 
The dates of operation, including daily opening and closing times.
B. 
If, within the discretion of the chief executive officer, a hardship will be imposed by requiring the applicant to submit the application ten days or more prior to the opening date, such an application may be received and processed under this chapter during a shorter period of time; provided, however, a penalty of fifty percent of the first day's license fee shall be charged in addition to all other fees provided in this chapter.
(Ord. CS 1375, 5/21/2024)
The treasurer-tax collector shall refer the application to the chief executive officer who shall be responsible for authorizing or refusing the issuance of a license by the treasurer-tax collector. The chief executive officer shall first refer the application to the sheriff, fire warden, health officer, director of planning, director of public works and such other agencies as he or she may deem appropriate. Such agencies shall advise the chief executive officer as to whether or not the business for which the application is submitted complies with and conforms to all applicable laws, ordinances, health and fire regulations.
(Ord. CS 1375, 5/21/2024)
In the event that the chief executive officer refuses authorization for a license, the applicant may file a written notice of appeal within ten days after notice of refusal, to the board of supervisors, which shall conduct a hearing thereon at its next regular meeting and at which time it may grant or deny the license for which application is made.
(Ord. CS 1375, 5/21/2024)
The license provided for in this chapter shall be granted and accepted with the express understanding and agreement that the chief executive officer may revoke the license at any time if he or she determines that it was obtained by false or fraudulent representations, or if he or she determines that the circus or carnival is conducted in an unlawful manner, or that it is detrimental to the social peace or public morals of the community. The revocation shall be in letter form and delivered either in person or by certified mail. Provided further, that the holder of any license which is revoked may appeal within ten days after notice of revocation, to the board of supervisors which shall conduct a hearing on the revocation within thirty days. In this connection, it is the express intention of this chapter that the sole responsibility for the operation of any circus or carnival for which a license is issued under this chapter shall be upon the licensee, and regardless of whether or not such operations are carried out by his or her agents, servants, employees, or others, with or without his or her knowledge. The board of supervisors shall be the judge of the sufficiency of the causes for revocation, and the decision of the board thereon shall be final and conclusive. In the event of a revocation for a violation of this chapter and notification by the chief executive officer, it shall be the duty of the sheriff, and he or she is authorized and empowered, to immediately close the carnival or circus and to eject all participants therein from the premises.
(Ord. CS 1375, 5/21/2024)
It is unlawful to conduct a circus or carnival in any area other than one which has been zoned as M (industrial district), C-2 (commercial) or A-2 (agricultural) in accordance with Title 21 of this code.
(Ord. CS 1375, 5/21/2024)
Managers or owners of every circus or carnival shall pay a license fee, set by the board of supervisors, per calendar day, for each day, or portion of a day, the circus or carnival is to operate in the county, which sum shall be paid to the treasurer-tax collector of the county at the time of making application for the issuance of a license. The license fee shall be refunded in full to the applicant if the license is denied; provided, however, should an application be withdrawn prior to action thereon, a processing fee of fifty dollars shall be charged.
(Ord. CS 1375, 5/21/2024)
In addition to the fees provided in Section 6.16.080, each circus or carnival shall post a cash deposit of two hundred dollars at the time of the application for the purpose of ensuring that the premises on which the operations are to be conducted are left in a clean and sanitary condition upon conclusion thereof. The deposit shall be returned to the person depositing it after the health officer has duly inspected the vacated site and certified to the treasurer-tax collector as to its cleanliness. If, in the opinion of the health officer, the premises are not in a clean and sanitary condition, he or she shall take such steps as he or she deems necessary to clean the premises, including the employment of persons and equipment for such purposes. The cost of the cleaning shall be paid out of the moneys deposited at the time of the application. Any surplus of funds deposited shall be returned to the person depositing them.
(Ord. CS 1375, 5/21/2024)