Chapter 5.28
CARNIVALS – PLACES OF AMUSEMENT*
Sections:
5.28.040 Application for license – Filing – Contents.
5.28.060 Issuance of license – Conditions.
5.28.080 Obscene shows or games of chance.
5.28.090 Police chief report – Report of violations.
5.28.100 License tax – Amount – Inspection of books and records to determine.
5.28.110 Granting license in compliance with chapter – Time interval between carnivals.
5.28.120 Carnival licenses for city-wide celebrations.
*The provisions of this chapter are exempted from the operation of the business and occupation tax, Chapter 5.05 LMC.
5.28.010 Definition.
Any combination of amusement rides, games, sideshows or exhibits consisting of five or more of such units traveling as an itinerant show or exhibition, other than a circus as the same is commonly understood, and excluding agricultural, educational, animal, advertising or hobby exhibitions, shall be deemed a “carnival” within the meaning of this chapter. (Ord. 637 § 1, 1952).
5.28.020 License – Required.
No carnival shall be exhibited within the city without a license or after its license shall have been canceled. Every person connected in any manner with a carnival in violation of this section shall be punished as provided in LMC 1.26.070. (Amended during 8/94 supplement; Ord. 1617 § 1, 1972).
5.28.030 Sponsor required.
Every carnival desiring a license to conduct its show within the city shall be required to obtain a resident public agency, or a resident fraternal, charitable or veteran organization sponsor for conducting of the carnival, and to be coresponsible for conformity with the provisions of this chapter. (Ord. 637 § 3, 1952).
5.28.040 Application for license – Filing – Contents.
Before the first day of March of every year, or at such other time as may be approved by the city manager, every carnival desiring to exhibit within the city during such year shall make written application for a license and file the same with the director of finance of the city, together with a copy of its written contract with its sponsoring organization. Such application shall not be required to be in any particular form but shall state the name and address of the carnival and the approximate number of its rides, shows, games and exhibits and the dates when it will be available for conducting its show within the city. There shall be included with such application a written prospectus describing every ride, sideshow, exhibit, and game or other feature which is planned to be a part of such show. Such description shall state the money or charge intended to be charged for each of the same. (Ord. 2762, 2000; amended during 8/94 supplement; Ord. 2080 § 1, 1982; Ord. 1560 § 1, 1972; Ord. 732 § 1, 1954; Ord. 637 § 4, 1952).
5.28.060 Issuance of license – Conditions.
The director of finance shall issue a license as provided in this chapter subject to prior written approval of the city manager and the police chief Not more than three of such carnival licenses shall be approved within any calendar year, and no carnival may exhibit within the city limits at any time other than as stated in the license, and no license shall be granted for a period in excess of six consecutive days. (Ord. 2762 § 1, 2000; Ord. 2552 § 1, 1994; Ord. 2080 § 2, 1982; Ord. 732 § 2, 1954; Ord. 637 § 6, 1952).
5.28.070 Bond.
At least 30 days prior to the first day of the exhibition of the carnival within the city, such carnival shall deposit with the city treasurer a cash bond or certified or cashier’s check payable to the city treasurer in the amount of $500.00 to guarantee the compliance of such carnival with the provisions of this chapter, which bond and/or check shall be automatically forfeited to the city in the event of the failure of said carnival to comply with the provisions of this chapter and/or the failure of the carnival to appear in the city and exhibit at the time and in the manner provided in its application and/or the license granted by the city. (Ord. 1037 § 1, 1960; Ord. 637 § 7, 1952).
5.28.080 Obscene shows or games of chance.
No carnival shall operate any lewd, vulgar, indecent or obscene show or exhibit within the city limits nor shall it conduct any game of chance therein, and every person in authority as manager or owner or otherwise of every carnival, and every organization sponsoring the carnival shall be guilty of an offense in violation of this chapter if such carnival violates any of the provisions of this section and every person operating or employed in conducting any game of chance or lewd, indecent, obscene or vulgar exhibit or show in connection with such carnival is likewise guilty of an offense and every person, association or corporation violating any of the provisions of this section shall be punished as provided in LMC 1.26.070, and every day’s operation of any such game of chance or lewd, vulgar, obscene or indecent show shall constitute a separate offense hereunder. (Amended during 8/94 supplement; Ord. 637 § 8, 1952).
5.28.090 Police chief report – Report of violations.
The chief of police shall inspect any carnival showing within the city, and in the event that he observed any game, show or exhibit in violation of any of the provisions of this chapter, he shall immediately notify the operator or manager of such carnival to close such game, show or exhibit and if such closure is not effected by the operator or manager of the carnival, the police chief shall then forthwith cancel the license of such carnival and, in addition thereto, shall make a written report to the city manager and such report shall be considered thereafter in the selection of applicants for future carnival licenses within the city. (Ord. 2080 § 3, 1982; Ord. 1455 § 1, 1970; Ord. 637 § 9, 1952).
5.28.100 License tax – Amount – Inspection of books and records to determine.
(1) Every carnival licensed hereunder shall pay a license tax to the city in the amount of $150.00 or a sum equal to two percent of its gross receipts from every ride, show and exhibit, whichever amount is greater, and, in addition, a concession tax of $2.00 per day for each concession operated at the carnival. The director of finance shall be the exclusive judge as to the category in which every component part of the show shall fall and shall inform the manager or operator of such carnival of his decision upon or before the first day of the showing of the carnival within the city.
(2) Every person operating or conducting a carnival within the city shall accept as a condition of the showing of such carnival within the city that its books of account and tax returns shall be open at all times in inspection by any person designated by the city for the purpose of ascertaining the tax due hereunder and no carnival shall be permitted to leave the limits of the city until all taxes due as herein provided are fully paid and the chief of police is authorized and empowered to impound all of said carnival or so much thereof as he may believe necessary to secure the taxes herein levied. (Ord. 2080 § 4, 1980; Ord. 1455 § 1, 1970; Ord. 637 § 10, 1952).
5.28.110 Granting license in compliance with chapter – Time interval between carnivals.
No license shall be granted to any carnival to show within the city in any other manner than as provided herein or at any time other than the second regular meeting of the council of the month of March of each year except for good cause shown, and no license shall be granted which will permit the conducting of any carnival within the city limits at a lesser interval of time than 30 days from the conducting of any other carnival within the city. (Ord. 1120 § 1, 1962; Ord. 732 § 3, 1954; Ord. 637 § 11, 1952).
5.28.120 Carnival licenses for city-wide celebrations.
(1) Notwithstanding anything to the contrary contained in this chapter, the city council is authorized to grant a license for a carnival to be exhibited in conjunction with any general celebration which is city-wide or greater in extent. Application therefor shall be made not less than 30 days before the proposed exhibition.
(2) The license herein provided for shall be in addition to the number of licenses allowed by LMC 5.28.060 but shall not extend for a period greater than six consecutive days. (Ord. 1203 § 1, 1964).