Chapter 6.05
AMUSEMENTS, CONCESSIONS, CARNIVALS, FLEA MARKETS
Sections:
6.05.030 License – Application.
6.05.040 License – Conditions.
6.05.050 License – Revocation or suspension.
6.05.010 Definitions.
“Amusements” means any operation open to the public, where an admission, fare, fee or charge is charged or made, such as games, rides, exhibitions, sideshows, and all other amusements of a similar character, including, but not limited to, carnivals and fairs.
“Concessions” means any operation open to the public where food, beverages or new or used merchandise is sold and not covered elsewhere in this chapter, including, but not limited to, flea markets and swap meets.
“Police Chief” shall mean the Chief of Police or his or her designee. [Ord. 12-004.]
6.05.020 License required.
A. It shall be unlawful for any person or association of persons to operate or conduct any amusement or concession within the City without first obtaining a license to do so.
B. This section shall not apply to charitable and/or chartered nonprofit organizations whose place of business or meeting place is within the City. [Ord. 12-004.]
6.05.030 License – Application.
A. An application for such license shall be made to the Collector in writing, and shall state the name and address of the applicant, the nature of the amusement or concession and the place where the amusement or concession is to be conducted.
B. Said application shall be accompanied by a fee as established from time to time by resolution of the City Council.
C. Upon receipt of the application and fee, the Collector shall refer it to the Chief of Police. The Chief of Police shall thoroughly investigate the application and shall authorize issuance of a license for a period not to exceed one (1) year if he finds:
1. The applicant and the person in immediate charge of each such amusement or concession are of good moral character.
2. The applicant has satisfactory evidence of liability insurance.
3. The proposed operation complies with all other applicable laws and ordinances. [Ord. 12-004.]
6.05.040 License – Conditions.
The Chief of Police shall have authority to place conditions on any license issued, including, but not limited to, the hours of operation, exclusion of persons and the number and type of security personnel required to be provided by the applicant to maintain order. Violation of any such conditions shall be grounds for the suspension or revocation of the license. [Ord. 12-004.]
6.05.050 License – Revocation or suspension.
The Chief of Police may revoke or suspend any such license if:
A. The premises where the amusement or concession is operating is being operated in violation of a public statute or ordinance.
B. Disturbance of the public peace or conduct offensive to public morals takes place on said premises.
C. The applicant or person immediately in charge of the amusement or concession is convicted of a felony or a crime involving moral turpitude.
D. Any false statement has been made on the application. [Ord. 12-004.]
6.05.060 Appeals.
Any person whose application for such license has been denied or whose license has been suspended or revoked by the Chief of Police shall have the right to appeal to the City Council, pursuant to DMC 6.02.140. [Ord. 12-004.]