Chapter 5.102
CIRCUSES, CARNIVALS, AMUSEMENT CENTERS AND GO-KART CENTERS
Sections:
5.102.030 Permit—Issuance—Scope.
5.102.070 Permit—Denial, suspension or revocation conditions.
5.102.005 Definitions.
For purposes of this chapter, words and phrases used herein shall have the following meanings:
A. “Ballpark and auditorium show” means that type of circus type exhibition which does not have a large circus tent, and which is transported by not more than five motor trucks.
B. “Big circus show” means that type of circus show that is presented out of doors with a main circus tent and with sideshows and which is transported with more than twelve motor trucks.
C. “Carnival” or “carnival type show” means that type of exhibition or entertainment out of doors which provides games, rides, concessions and sideshows, but has no main tent for display of circus acts.
D. “Motor truck” means a motor vehicle weighing one and one-half tons or more, unloaded.
E. “Small family circus” means generally that type of circus exhibition which has a main tent which is erected out of doors together with sideshows and is transported by not more than twelve motor trucks.
F. “Supermarket show” means that type of show, which is given solely for the purpose of advertising or trade stimulus or promotion and includes an animal act and rides, the admission to which show is free, but rates may be charged for rides. (Ord. 780-81 § 3, 1981; Ord. 518-78 (part), 1978)
5.102.010 Permit—Required.
No person shall operate or exhibit or cause to be operated or exhibited or aid or assist in the operation or exhibition of any circus, carnival, amusement center or go-kart center which solicits, invites or permits guests or patrons to ride in or upon any mechanical amusement device in the city limits of the city unless a permit therefor has been issued as hereinafter provided in this chapter. (Ord. 518-78 § 1, 1978)
5.102.020 Permit—Application.
Application for a permit to operate or exhibit such circus, carnival, amusement center or go-kart center shall be filed ten days prior to the opening date with the city clerk on forms provided by that official. Notification shall also be made to the police department at least ten days prior to the opening date. Said applications shall set forth the dates between which said circus, carnival, amusement center or go-kart center is to operate, and the location at which it will operate. At the time of filing the application, the applicant shall furnish the city clerk with a list of all permanent employees working in the city of Everett on forms provided by the city clerk. Such lists shall include the full name of each such employee, date of birth, place of birth, physical description, driver’s license number and social security number. The applicant shall furnish on demand a similar list of temporary employees who are hired in Everett after the application is filed. (Ord. 518-78 § 2, 1978)
5.102.030 Permit—Issuance—Scope.
Upon receipt of an application to operate or exhibit such circus, carnival, amusement center or go-kart center, the city clerk may issue a permit for the entire term thereof, upon determination that such use will not be in violation of any zoning ordinance of the city, that the location and type of equipment are approved by the appropriate agencies of the state, if any, that a current certificate of inspection has been issued by the state for each amusement ride to be operated within the circus, carnival, amusement center or go-kart center, if such certificate of inspection is available through the state, and that the applicant has the insurance in force as required by this chapter. (Ord. 518-78 § 3, 1978)
5.102.040 Permit—Fee.
The following schedule of fees shall be due and payable upon the filing of each application for a permit to conduct the operation of the following activities:
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Carnivals, amusement centers and go-kart centers: |
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for a period in excess of five days, but less than thirty days |
$200.00 |
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for each day not exceeding five days |
40.00 |
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Supermarket show |
50.00 |
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Ballpark and auditorium show |
100.00 |
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Small family circus |
100.00 |
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Big circus show |
200.00 |
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(Ord. 780-81 § 3, 1981; Ord. 518-78 § 4, 1978)
5.102.050 Cash bond.
The applicant for any permit provided in this chapter shall make a cash deposit in the sum of two hundred fifty dollars to insure that said applicant will comply with the laws of the city and the state, and to insure payment to the city of any and all applicable excise taxes of the city as provided in Title 3 of the Everett Municipal Code. Said bond shall be refunded upon fulfillment by the applicant of the conditions of said bond as provided by this section. (Ord. 780-81 § 6, 1981; Ord. 518-78 (part), 1978)
5.102.060 Insurance.
Every operator of such circus, carnival, amusement center or go-kart center shall obtain and maintain in full force and effect public liability insurance in the sum of two hundred fifty thousand dollars for death or injury to one person, and five hundred thousand dollars for the death or injury to more than one person in the same accident or occurrence. Said operator will file with the city clerk a certificate of insurance in the amounts herein indicated showing the city of Everett as a named insured on such policy. (Ord. 518-78 § 6, 1978)
5.102.070 Permit—Denial, suspension or revocation conditions.
A. The city clerk shall deny any application for a permit when the applicant has not complied with the applicable requirements of the ordinance codified in this chapter. The city clerk may suspend or revoke the permit of any person issued a permit hereunder whenever the permittee shall have engaged in any unlawful business or act or the insurance required by this chapter or ordinance has lapsed or been cancelled.
B. If after investigation the city clerk determines that a permit should be suspended or revoked or an application for such permit denied, the city clerk shall prepare a notice of suspension or revocation or denial of application setting forth the reasons for such suspension or revocation of permit or denial of application. Such notice shall also set forth the time and manner in which the decision of the city clerk may be appealed. Such notice shall be personally served or sent by certified or registered United States mail to the address of the permit applicant as shown on the application for such permit. The city clerk shall send a copy of such notice to the Washington State Gambling Commission.
C. Any person who has had his application or a permit denied by the city clerk or who has had his permit revoked or suspended by the city clerk may appeal the city clerk’s decision in the manner provided in this chapter. (Ord. 518-78 § 7, 1978)
5.102.080 Appeal procedure.
Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section.
A. Within fifteen calendar days after the date of any denial, suspension, revocation or other decision of the city clerk, any aggrieved party may appeal such denial, suspension, revocation or other decision by filing with the city clerk a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper.
B. Upon receipt of such written appeal, the city clerk shall notify the president of the city council so that such appeal may be set before the city council for a review of the city clerk’s decision. At least one week prior to the date of the hearing the appeal, the city clerk shall notify the appellant of the date and place of the hearing.
The city council may, at its discretion, appoint a hearings examiner to hear the evidence, rule on the admissibility of evidence and on questions of fact and questions of law. Provided, however, that if the city council appoints a hearings examiner, the hearings examiner shall prepare recommended findings and conclusions which shall be presented to the city council for final determination of the appeal.
C. At the conclusion of the hearing, the city council may, or in the case in which a hearings examiner has been appointed the hearings examiner may recommend to uphold the denial, suspension, revocation or other decision of the city clerk, or the city council may, or in the case of the hearings examiner he may recommend, allowing that which has been denied, reinstating that which has been suspended or revoked. In the case where a hearings examiner was appointed he or she shall, within five days of the announcement of his or her decision, file with the city council his or her recommended findings of fact and conclusions of law and recommended decision. The city council would then decide to accept, reject or modify the decision of the hearings examiner. In the case where the city council hears the appeal, it shall have prepared findings of fact and conclusions of law and a decision within ten days of the announcement of its decision. The decision of the city council, in either the case where the hearing was before the hearings examiner or before the city council, is the final review within the city. (Ord. 518-78 § 8, 1978)
5.102.090 Violation—Penalty.
Violation of any of the provisions of this chapter shall be a Class B offense as defined in Title 10 of the Everett Municipal Code. (Ord. 518-78 § 9, 1978)