Chapter 5.32
CIRCUSES*
Sections:
5.32.040 Application for license.
5.32.060 Deposit for security – Forfeiture.
5.32.065 Deposit for cleanup – Refund.
5.32.080 Liability for payment of fees and deposit.
5.32.090 Licenses to be issued by clerk.
*The provisions of this chapter are exempted from the operation of the business and occupation tax, Chapter 5.05 LMC.
5.32.010 Circuses defined.
(1) “Circus,” as used in this chapter, means any institution whose general occupation is that of exhibiting wild animals, feats of horsemanship, animal stunts and acrobatic or aquatic sports, for admission to which a fee is charged, whether such fee is denominated as such or otherwise.
(2) “Mini-circus” has the same meaning as set forth in subsection (1), above, except such feats, stunts, acrobatic or aquatic sports shall be limited to a single type of exhibition.
(3) Whenever the term “circus” is used in this chapter, unless otherwise expressly provided, said term is deemed to include mini-circuses. (Ord. 2049 1, 1981; Ord. 1144 § 1, 1963)
5.32.020 License required.
It is unlawful for any circus to be exhibited within the city without first securing a valid and existing license therefor. (Ord. 1144 § 1, 1963).
5.32.030 Sponsor required.
Every circus desiring to obtain a license to conduct its show within the city shall be required to obtain a sponsor before making its application for a license. Such sponsor must be located within the city and must be a nonprofit organization of the fraternal, charitable, civic service or veterans’ type. Such sponsor shall be coresponsible with the owner and/or operator or manager of any such circus it may sponsor to assure conformity with the ordinances of the city, and, in particular, the provisions of this chapter. (Ord. 1144 § 1, 1963).
5.32.040 Application for license.
All applications for licenses to exhibit circuses within the city shall be made to the city clerk not less than 10 days prior to the first day sought for such exhibitions, on forms to be supplied by the city clerk, and such applications must be made by the owner of the circus or its duly authorized agent and not by the sponsor thereof. The license, cleanup fees and security deposit, as set forth in this chapter, shall be paid by the circus owner or its duly authorized agent at the time the application for license is made. (Ord. 2049 § 2, 1981; Ord. 1144 § 1, 1963).
5.32.050 License fee.
(1) The fee for a license to exhibit a circus within the city shall be the sum of $100.00, except as provided in subsection (2) of this section;
(2) The fee for a license to exhibit a mini-circus within the city, or a circus to be exhibited within a permanent building, shall be the sum of $25.00;
(3) All license fees, security deposits and cleanup deposits provided for in this chapter shall be paid by cash, cashier’s or certified check payable to the city, and, in the event any license applicant is not issued a license, such sums shall be refunded to the applicant upon request. (Ord. 2049 § 3, 1981; Ord. 1144 § 1, 1963).
5.32.060 Deposit for security – Forfeiture.
(1) Not less than 10 days prior to the first day of exhibition of a circus within the city, the circus must deposit the sum of $500.00 with the city treasurer, to assure compliance with the provisions of all ordinances of the city, including, but not by way of limitation, the city’s admissions tax ordinance codified in Chapter 3.04 LMC.
(2) Failure to report and pay the admissions tax required under Chapter 3.04 LMC within 72 hours after completion of the final exhibition of a circus under any license issued hereunder will result in automatic forfeiture to the city of the security deposit provided for herein.
(3) Any amount of said $500.00 deposit exceeding the admissions tax payable to the city shall be refunded to the circus.
(4) Failure to make such security deposit, or the cleanup deposit hereinafter provided, within the time provided in this chapter shall operate to automatically cancel any license issued under the provisions of this chapter and any sums paid for such license shall be forfeited to the city. (Ord. 2049 § 4, 1981; Ord. 1144 § 1, 1963).
5.32.065 Deposit for cleanup – Refund.
Not less than 10 days prior to the first day of exhibition of a circus within the city, the circus must deposit the sum of $1,000 with the city treasurer to defray the cost of removing any debris and rubbish left behind by the circus after its final exhibition and departure from the city. Any portion of said $1,000 deposit not expended by the city in removing such debris and rubbish shall be refunded by the city to the circus; provided, however, that this provision shall not apply to circuses exhibited on the Cowlitz County fairgrounds in the city of Longview. (Ord. 2049 § 5, 1981).
5.32.070 Duration of license.
No license issued under the provisions of this chapter shall be valid for more than three days. Any exhibition of a circus on the first day of any week, commonly called Sunday, shall not occur prior to 1:00 p.m. of said day. (Ord. 1185 § 1, 1964; Ord. 1144 § 1, 1963).
5.32.080 Liability for payment of fees and deposit.
All fees and deposits required by this chapter shall be paid by the applicant and not by its sponsor, and the same shall not be charged to or against the profits or proceeds to which such sponsor may be entitled. (Ord. 1144 § 1, 1963).
5.32.090 Licenses to be issued by clerk.
Upon receipt of an application for a circus license, properly filled out and executed by the applicant, together with the required license and cleanup fee, the city clerk shall issue a license to the applicant pursuant to the provisions of this chapter. (Ord. 1144 § 1, 1963).