Chapter 5.23
CARNIVAL, CIRCUS OR FAIR – LICENSES
Sections:
5.23.030 License – Application.
5.23.040 Fees – Conditions upon issuance.
5.23.050 Conditions required for operation.
5.23.060 Revocation of license.
5.23.070 Infraction – Penalty.
5.23.010 Definitions.
As used in this chapter:
“Carnival” shall mean any entertainment which includes sideshows or riding devices, but does not include any carnival held within the structural walls of a church, private school, public school, and/or public building, which is sponsored by an affiliated group of such church, private school, public school, and/or public body.
“Circus” shall mean any entertainment which includes wild animals or acrobats, but does not include a rodeo.
“Fair” shall mean a collection of sideshows and amusements, often set up temporarily on open ground and traveling from place to place, and may also include a market for the sale of produce, livestock, etc., with or without sideshows, and/or an exhibition of goods.
“Licensing agent” shall mean the department or division designated by the city manager to accept and process applications for licenses issued under this chapter. (Ord. 2007-51 § 1(part), 2007).
5.23.020 License – Required.
No person, firm or corporation shall conduct, operate or manage any circus, carnival or fair for profit or gain, without first having obtained a city license. The license shall be applied for and obtained only by the person, firm or corporation actually conducting, operating or managing any circus, carnival or fair for profit or gain and the license shall not be applied for or issued to any nonprofit or charitable organization which may have contracted with the operator of such event as a sponsor. (Ord. 2007-51 § 1(part), 2007: Ord. 94-26 § 1(part), 1994. Formerly 5.23.010).
5.23.030 License – Application.
A. Applicants for carnival, circus and fair licenses shall provide the licensing agent with a written application describing the proposed business in detail and specifically including as a minimum the following:
1. The proposed manner of operation of the business.
2. The proposed hours of operation and the proposed areas of operation.
3. The Washington State Uniform Business Identifier number.
4. Whether the applicant has been convicted of any crime, and, if so, identification of the crime(s) for which the applicant has been convicted including the court and date of conviction.
B. The licensing agent shall review the application for completeness and forward it to the police department for review of any public safety, pedestrian traffic, vehicular traffic, public disturbance and noise concerns. The licensing agent shall grant, deny or condition the license based on the findings of the police department and deliver the decision to the applicant within ten business days of the city’s receipt of the license application. (Ord. 2007-51 § 1(part), 2007).
5.23.040 Fees – Conditions upon issuance.
Such license may be granted by the licensing agent upon the payment of a development authorization fee, and the payment of a fee of thirty-five dollars for each day or portion of a day that such circus, carnival or fair operates. Before such license is granted, the licensing agent may require the applicant to meet certain conditions deemed best for the safety and welfare of the citizens of Walla Walla, including the requirement of furnishing evidence of adequate public liability insurance as recommended and approved by the risk manager for the city. (Ord. 2007-51 § 1(part), 2007: Ord. 94-26 § 1(part), 1994. Formerly 5.23.020).
5.23.050 Conditions required for operation.
It shall be the duty of every person operating or managing such circus, carnival or fair to comply with all conditions upon which such license is granted, and to obey all other laws, ordinances, rules and regulations which are applicable. It shall be the duty of every such person to furnish and make available: refuse containers and service, adequate and sanitary drinking water, toilet facilities for its employees and the public, and to leave the grounds clean of all refuse and restored to their original condition after the circus, carnival or fair is completed. (Ord. 2007-51 § 1(part), 2007: Ord. 94-26 § 1(part), 1994. Formerly 5.23.030).
5.23.060 Revocation of license.
A. The license of a circus, carnival, or fair shall, after notice in writing and an opportunity to be heard by the city manager or hearings officer designated by the city manager, be revoked, and such circus, carnival, or fair shall not be entitled to a subsequent license to engage in business within the city of Walla Walla for one year after such revocation, for any of the following reasons:
1. Fraud or misrepresentation contained in the application for the license;
2. Fraud or misrepresentation, or false or misleading statements, made in the course of conducting the licensed business;
3. Conviction of any crime involving moral turpitude in which a minor child was the victim or was otherwise involved; or
4. Any other violation of this chapter.
B. The decision of the city manager or hearings officer shall be final subject only to the right of the license holder to appeal said decision to the Walla Walla County superior court within fifteen days of the decision rendered by the city manager or hearings officer. (Ord. 2007-51 § 1(part), 2007).
5.23.070 Infraction – Penalty.
In addition to establishing grounds for revocation of a license, the failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter, is designated as an infraction and may not be classified as a criminal offense. A person found to have committed an infraction under this chapter shall be assessed a monetary penalty. Each day in which a violation of this chapter continues shall be counted as a separate infraction. Chapter 7.80 RCW is incorporated herein with respect to this section. No penalty assessed for infractions under this chapter may exceed two hundred fifty dollars for each separate infraction. (Ord. 2007-51 § 1(part), 2007: Ord. 94-26 § 1(part), 1994. Formerly 5.23.040).