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For statutory provisions regarding the authority of cities to license shows, exhibitions and games, see Government Code § 37101.
No person shall establish, set up, maintain, exhibit, participate in, conduct or carry on in the city any boxing or wrestling exhibition, carnival, circus, fair, ferris wheel, marathon, menagerie, merry-go-round, museum, rodeo, trained animal show, traveling show, wild animal show, wild west show, revivals, tent shows and meetings or any other similar or related type of activity or parade, in whole or in part within the city, with or without a charge being made therefor, except in accordance with a permit to do so issued as provided in this chapter and in full force and effect.
(1964 Code § 4.1)
Any person desiring a permit authorizing any activity regulated by this chapter shall make application therefor to the city manager not less than 15 days prior to any regular city council meeting preceding the proposed date of first conducting such activity. The application shall be upon a form furnished by the city manager and shall set forth:
A. 
The name and address of the applicant;
B. 
If the applicant is a corporation, the names and addresses of the principal corporate officers and the state of incorporation;
C. 
The name and address of the person to be in immediate charge of the place of activity at all times during its operation;
D. 
The name of any sponsoring organization and the names and addresses of the principal officers of such organization;
E. 
The dates of proposed showing or operation;
F. 
The location in which it is proposed to conduct the place of activity. A plot plan of the location and the surrounding streets to the nearest intersections shall be attached to the application bearing a scale of not more than one inch to 10 feet, and shall show the location of all residences, commercial structures, industrial structures, railroad tracks, streets, washrooms, toilets, seating arrangements, exits, the location of any liquefied petroleum gas installation and such other facilities relating to the public health, welfare and safety;
G. 
The names of the last three cities or other places in which the activity has been shown, operated or conducted immediately prior to the filing of the application;
H. 
The time and route of any parades proposed by the applicant within the city;
I. 
A list and a general statement of the content, operation, facilities and format of each type of entertainment, ride, game, exhibit or show to be carried on in connection therewith, and of any booth or facility for the sale or dispensing of food, drink or articles of any kind;
J. 
A statement that the applicant will directly control and supervise each activity proposed to be authorized under the permit sought and will be responsible for the conduct, operation and management thereof;
K. 
The name and address of a person who can be readily contacted in regard to the operation of the activity and who is able to contact the proposed applicant at all times;
L. 
A statement that the applicant has standard liability insurance policies with an insurance company or exchange authorized to do business in the state in the amounts of not less than $100,000/$300,000 public liability and $25,000 property damage;
M. 
A description of public washrooms and toilet facilities which will be available for use by employees and patrons and their numbers and locations;
N. 
Such other data as the city manager may reasonably require in the interests of public health, welfare or safety;
O. 
A statement certifying on penalty of perjury the correctness of the information given on the application and agreeing on behalf of the proposed applicant that there shall be full compliance of the applicant with all state and city laws in the conduct of the activities for which a permit may be granted;
P. 
Any permits required by this code or other ordinances of the city or the state laws.
(Ord. 1232 § 2, 1973; 1964 Code § 4.2)
Each department or governmental agency to which is referred a copy of the application shall inspect the same and shall thereafter be responsible for taking the steps reasonably required to ensure compliance by the applicant with applicable state laws and this code or any other city ordinances as well as other applicable rules and regulations pertaining to public health, welfare, peace and safety at all times while any permit subsequently issued is in force.
(1964 Code § 4.3)
Each department or governmental agency referred to by CMC § 5.08.050 shall report to the city manager. Such report shall disclose any discrepancies which appear in the application or any failure of a proposed operation to comply with applicable state or city laws and shall mention any problems which the proposed activity may reasonably be expected to pose for the people or government of the city. Such report shall further make recommendations for protecting the public peace, health, safety and welfare in the event a permit be issued.
(Ord. 1232 § 2, 1973; 1964 Code § 4.3)
The city manager shall, as soon as practicable, submit his report and the report of the various departments to the city council, which shall consider the same as soon as practicable at any meeting occurring thereafter. The city council shall not grant any permit unless the conduct or maintenance of such amusement activity at the proposed location will not, in the reasonable judgment of the city council, endanger public peace, health, safety or welfare. In granting any permits, the council shall impose such conditions or requirements as it deems necessary to protect public peace, health, safety and welfare.
(Ord. 1232 § 2, 1973; 1964 Code § 4.3)
If the application is approved, the applicant shall file bonds and insurance policies or certificates thereof as required by this chapter and shall pay the appropriate business license tax of the city prior to the issuance of any permit.
(1964 Code § 4.3)
The applicant for a license required by this chapter shall, in addition to payment of business license fees or taxes and permit fees established by the city, deposit with the city not later than 48 hours prior to the first day of conducting any activity and shall maintain for a period of 180 days after the termination of activities under such permit as may be issued by the city, a cash bond in the sum of $1,000 lawful money of the United States, or in lieu thereof shall post and maintain in full force and effect during such period a surety bond in the amount of $1,000. Such bond shall be issued by a surety company approved by the city attorney and shall be in a form approved by the city attorney. Such bond shall, by its terms:
A. 
Insure payment to the city for any damage to city property occasioned by the operation of such activity or parade, including damages occasioned by the entrance into or exit from the city of the applicant or of the equipment, facilities or personnel of such activity as shall be permitted by the permit;
B. 
Insure the cleaning of the premises used for such activity and of the immediate surrounding properties and streets of such litter and debris as may result from the operation thereof, to return the lot to its original condition or better, unless otherwise agreed between the property owner and owner of the place of amusement;
C. 
Insure the removal, within 48 hours after the applicant leaves the city, of any signs, placards or advertising matter placed upon any property within the city by authority of any applicant or by any employee, agent of the applicant or by any person conducting or engaged in any activity covered by such permit;
D. 
Insure payment of any fines levied against the applicant for violation of this code or any other ordinance of the city or any state law while conducting activities in the city.
(1964 Code § 4.4)
Any permit granted pursuant to this chapter may be revoked by the city council at any time that it appears that the proposed or actual operation of the activity regulated by such permit will be or is such as to constitute a public nuisance or to endanger public peace, health, safety or welfare, or in the event any permit required by law is revoked or suspended. Any such permit may be suspended in whole or in part at any time that the activity is conducted contrary to the permit or to any state or city law, or when any such activity or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace or to be injurious to the public peace, health, safety or welfare. Suspension shall become effective immediately upon delivery of written notice to the person in immediate charge of the activity or portion thereof affected by suspension, or if no such person is found upon the premises, immediately upon the posting of such notice in three prominent places near the entrances to the premises occupied, or the portion thereof affected, by an official representative of the city manager, city council or fire, police, health or building departments. Such posting shall be carried out in all cases and shall give notice of such suspension. Such notice shall, in general terms, state the reason for such suspension. Any person invoking such suspension shall immediately notify the city manager thereof. The city manager may, for good cause, cancel any suspension; but in all cases he shall promptly take such steps as are necessary to inform related city officials of the action taken and of the reason or reasons therefor. Upon delivery or posting of such notice of suspension in the manner specified, it is a misdemeanor for any person to operate, engage or participate in, except as a patron, any such activity as may be ordered suspended by such notice of suspension.
(Ord. 1232 § 2, 1973; 1964 Code § 4.6)
The city council shall decide all appeals by a permittee under this chapter from the suspension or revocation of a permit and shall hold a hearing on the appeal. At such hearing the permittee shall have an opportunity to show cause why such suspension or revocation should not be continued or made permanent and the decision of the city council shall be made within 48 hours after the conclusion of such hearing.
(1964 Code § 4.7)
No activity regulated by this chapter or any equipment used in connection therewith shall be operated or located upon a public street, alley or easement; except, that a parade operating under specific authority from the city, in accordance with all terms and conditions of any permit granted for the same, may operate on public streets and alleys according to the terms of such permit.
(1964 Code § 4.9)
The area around and between tents, facilities and equipment of any activity regulated by this chapter shall be well lighted at all times during the operation of such activity or any part thereof. An emergency lighting system approved by the building department to provide adequate lighting for orderly evacuation in event of disaster or emergency shall be provided by the permittee. The operation of any activity at any time when such requirements are not being fully met is prohibited. All lighting shall be so arranged as to reflect light away from any adjoining residential property.
(1964 Code § 4.10)
No permittee under this chapter or other person shall sell or maintain for sale on the premises occupied for any activity regulated by this chapter any form of alcoholic beverage whatsoever, nor shall any permittee permit the sale, maintenance for sale or consumption of alcoholic beverages on any premises while any activity regulated by this chapter is being operated or conducted thereon, unless specifically authorized to do so by the terms of a city permit.
(1964 Code § 4.11)
Every permittee under this chapter shall comply with the building and fire codes of the city, this code and any other ordinances of the city and shall be responsible for compliance with such codes and ordinances by every activity carried on pursuant to such permit. Upon request the permittee shall furnish proof to the city that all equipment, rides, tents and structures utilized in connection with the activity have been inspected and are in compliance with applicable state and city laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel.
(1964 Code § 4.12)
No person, including corporations, their officers, directors, agents or employees, shall engage in any activity prohibited by this chapter, or fail to perform any act required by this chapter, or conduct any activity contrary to the terms of any permit or contrary to any requirement or prohibition of this chapter, or knowingly make any materially false statement on any application for a permit required by this chapter.
(1964 Code § 4.13)