Chapter 5.16
CIRCUSES, CARNIVALS, RODEOS, ANIMAL SHOWS AND RIDES, AND OTHER OCCASIONAL AMUSEMENTS, SPORTING EVENTS, OR SHOWS
Sections:
5.16.001 Legislative Declaration.
5.16.015 License – Required – Exceptions.
5.16.030 License – Application.
5.16.035 Cash Deposit – Surety Bond – Insurance.
5.16.050 License – Nontransferable.
5.16.060 License – Revocation.
5.16.070 Deputy Sheriff Required.
5.16.080 Controlled Substances.
5.16.100 Preparations – Completion Requirements.
5.16.001 Legislative Declaration.
The board of county commissioners declares it to be the public interest, and for the protection of the health, welfare and property of the residents of the county of Yakima to provide for the orderly and lawful conduct of circuses, carnivals, rodeos, animal shows and rides, and all other occasional amusements, sporting events or shows to be held outdoors within Yakima County by assuring that the proper sanitary, health, fire, safety and police measures are provided and maintained.
(Ord. 13-1995 § 2, 1995).
5.16.005 Definitions.
For the purposes of this chapter, the following words and phrases shall have the indicated meanings:
(1) “Applicant” means the promoter who has the right of control of the conduct of a festival who applies to the appropriate legislative authority for a license to hold an event included in Section 5.16.001.
(2) “Board” shall mean the board of Yakima County commissioners.
(3) “Event” means a circus, carnival, rodeo, animal show or rides, or other occasional amusement, sporting event, or show which may be licensed under this chapter.
(4) “Fixed-site event” means a circus, carnival, rodeo, animal show or rides, and/or all other occasional amusements, sporting events, or shows held in a stadium, athletic field, arena, auditorium, coliseum, or other similar permanently established place of assembly.
(5) “Outdoor” describes one of the above events if held outside a permanently established place of assembly where the attendance is five hundred persons or more, except:
(a) Any of the above-named events held at any permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, or other similar permanently established place of assembly for assemblies which do not exceed by more than two hundred fifty people the seating capacity of the structure where the assembly is held;
(b) Government-sponsored fairs held on regularly established fairgrounds;
(c) Athletic events sponsored by schools, colleges, professional sports teams, or organized amateur athletic associations or leagues; and
(d) Outdoor festivals regulated by Chapter 8.10 of the Yakima County Code.
(e) “Person” means any natural individual, partnership, corporation, association, society, or fraternal or social organization. The singular shall include the plural.
(f) “Promoter” means any person issued a license to conduct or sponsor one of the activities covered by this chapter.
(Ord. 13-1995 § 3, 1995).
5.16.010 License – Required.
No person shall knowingly allow, conduct, hold, maintain, cause to be advertised, sponsor, permit or conduct any outdoor circus, carnival, rodeo, animal show or animal rides, or any other occasional amusement, sporting event, or show in the unincorporated area of Yakima County without first obtaining a license pursuant to this chapter.
(Ord. 13-1995 §4, 1995: Vol. V p. 247 §1, 1945).
5.16.015 License – Required – Exceptions.
The requirements of this chapter shall not apply if the event to be licensed under this chapter is sponsored, conducted, operated or maintained by the state of Washington, or Yakima County, or by the Central Washington Fair Association on property owned by Yakima County, schools or school districts.
(Ord. 13-1995 § 5, 1995).
5.16.020 License – Fee.
The license fee for sponsoring, permitting or conducting any outdoor circus, carnival, rodeo and animal show or animal rides and/or all other occasional amusement, sporting event, or show shall be as follows and shall accompany the license application:
|
(1) |
Circuses, carnivals, rodeos, animal shows or rides, and/or other occasional amusements, sporting events, or shows, per day |
$50.00 |
|
(2) |
Fixed-site circuses, carnivals, rodeos, animal shows or rides, and/or other occasional amusements, sporting events, or shows, per day |
$25.00 |
(Ord. 13-1995 §6, 1995: Vol. V p. 247 §2, 1945).
5.16.030 License – Application.
(1) Except as provided herein, applications shall be filed not less than sixty days prior to the first scheduled day of the event. Applications for licenses hereunder shall be made in writing, filed with the clerk of the board of county commissioners, and shall include or be accompanied by the following:
(a) The name of the person or other legal entity on behalf of whom said application is made; provided, that a natural person applying for such license shall be eighteen years of age or older;
(b) A financial statement of the applicant;
(c) The nature of the business organization of the applicant;
(d) Names and addresses of all individuals or other entities having a ten percent or more proprietary interest in the event;
(e) The principal place of business of applicant;
(f) A legal description of the land to be the site of the event, and the name and address of the owner thereof;
(g) If the land to be the site of the event is owned by a person other than the applicant, a document showing the consent of said owner to the issuance of a license;
(h) The scheduled performances and programs;
(i) Written confirmation from the Yakima district health officer that he or she or a designee has reviewed and approved plans for the site and development of the plans for the event in accordance with rules, regulations and standards adopted by the State Board of Health and in accordance with the minimum sanitary facilities and emergency health guidelines as set forth in Yakima County Code Section 8.10.040;
(j) Written statement from the Yakima County public works department, fire marshal, and Washington State Liquor Control Board that the applicant has complied with the building, zoning, planning and fire codes of Yakima County and with any rules or regulations set forth by the Washington State Liquor Control Board;
(k) A statement of the applicant’s provisions for adequate parking of the number of cars expected to be driven to the event a license is sought for hereunder. The plan must be adequate to prevent the blocking of any public streets or private driveways. Inadequate parking shall be a reason for denial of a license applied for under this chapter. Parking space for one automobile for every four persons in estimated attendance at the event site shall be considered adequate;
(l) A written statement that the applicant has complied with the fire and crowd protection policing requirement shall be issued by the Yakima County sheriff before a license is issued under this chapter. The statement shall state that the applicant has made arrangements to meet the following conditions:
(i) One traffic and crowd control person for each two hundred persons reasonably expected to be in attendance at any time during the event for purposes of traffic and crowd control,
(ii) All traffic and crowd control personnel shall be over eighteen years of age and without any record of a felony conviction for the immediately past seven-year period,
(iii) The names of all traffic and crowd control personnel shall be provided to the Yakima County sheriff; provided, that at least one person but not less than twenty percent of the traffic and crowd control personnel shall be a commissioned police officer or deputy sheriff,
(iv) All law enforcement personnel shall be charged with enforcing the provisions of this chapter and all existing statutes, ordinances and regulations;
(m) The application for a license under this chapter shall contain a statement that the applicant or applicants will require the observance of this chapter and all resolutions and ordinances which may be passed by the board of county commissioners supplementing, amending or enlarging the provisions of this chapter; and that all federal, state and county admission taxes will be promptly paid;
(n) Statement disclosing whether or not the applicant, or any of the applicants, have ever been convicted of a violation of any state or federal statute pertaining to intoxicating liquors, and shall state whether or not the applicant, or any of the applicants, have ever been convicted of a felony or gross misdemeanor; and
(o) The application shall be signed by the party who is to conduct the event covered by this chapter.
(2) If the applicant contracts for traffic control and crowd protection policing with the Yakima County sheriff, the sum agreed upon in payment for such policing shall not be less than the actual expense incurred by the county in providing such service, which shall include personnel resources at the hourly rate for overtime under the current collective bargaining agreement, plus fringe benefits. All sums paid under such contract shall be paid in accordance with procedures specified by the Yakima County auditor.
(3) If such application is for a fixed-site event, it shall be filed not less than ten days prior to the first scheduled day of such event and shall be accompanied by a license fee in the amount of twenty-five dollars for each day of the event. Said application shall include the information required in subsections (1)(A) and (B), of this section.
(Ord. 13-1995 §7, 1995: Vol. V p. 247 §3, 1945).
5.16.035 Cash Deposit – Surety Bond – Insurance.
(1) After an application for an event to be licensed under this chapter has been approved, the promoter shall deposit with the board the sum of two thousand dollars cash, or surety bond in like sum. The bond or deposit shall be used to pay any costs or charges incurred to regulate health or to clean up afterwards outside the event grounds, or any extraordinary costs or charges incurred for law enforcement or to regulate traffic or parking.
(2) The bond or other deposits shall be returned to the promoter when the board is satisfied that no claims for damage or loss will be made against said bond or deposit, or that the loss or damage claimed is less than the amount of the deposit, in which case, the uncommitted balance thereof shall be returned; provided, that the bond or cash deposit or the uncommitted portion thereof shall be returned not later than thirty days after the last day of the event covered by this chapter.
(3) The promoter shall furnish proof of occurrence-basis liability insurance issued by a company authorized to do business in Washington State in an amount of not less than five hundred thousand dollars per occurrence and one million dollars in the aggregate property damage and bodily injury coverage, covering any officer, employee, volunteer, member, agent or representative of the promoter while acting in the performance of his or her duties. The policy shall name Yakima County as an additional named insured.
(4) This section shall not apply to fixed-site festivals.
(Ord. 13-1995 §8, 1995).
5.16.040 License – Granting.
(1) The board of county commissioners, after the application for license has been filed, may in its discretion grant the license, or for any cause deemed sufficient, refuse to grant the license for any event covered by this chapter.
(2) All licenses granted hereunder shall be kept posted in a conspicuous place on the licensed grounds or premises.
(3) No event covered by this chapter shall be conducted at any place other than specified in the license.
(Ord. 13-1995 §9, 1995: Vol. V p. 247 §4, 1945).
5.16.045 License – Denial.
(1) No license to conduct, operate or maintain an event covered by this chapter shall be granted if the applicant or the applicant’s officers, directors or partners of any agent thereof, have:
(a) Committed any act which, if committed by a licensee or permittee, would be grounds for the suspension or revocation of a license or permit;
(b) Been convicted within the last five years of:
(i) A felony involving a crime of violence as defined in RCW 9.41.010, or a felony under RCW Chapter 69.50, Uniform Controlled Substances Act, or any felony or misdemeanor under RCW Chapters 9A.44, Sex Offenses, 9A.64, Family Offenses, or 9A.88, Indecent Exposure – Prostitution,
(ii) Contributing to the dependency or delinquency of a minor, or
(iii) Assault on a juvenile;
(c) Been refused a license or had a license revoked under the provisions of this chapter within six months prior to the application;
(d) Failed to comply with any application requirement stated in this chapter; or
(e) Knowingly made any false statement in the applicant’s application.
(2) The board of county commissioners may deny a license if it determines that the conduct, operation or maintenance of an event covered by this chapter will disturb the peace and quiet of the neighborhood in which the same is located.
(Ord. 13-1995 §10, 1995).
5.16.050 License – Nontransferable.
No license granted shall be assigned or transferred except by written permission of the board of county commissioners.
(Vol. V p. 247 §5, 1945).
5.16.060 License – Revocation.
Any license granted hereunder may be revoked by the board for any reason deemed adequate by the board, including but not limited to the following:
(1) Any violation of any provision of this chapter, or any state or federal law, or for permitting this chapter or any of the provisions thereof to be violated;
(2) Failing to disclose any material fact in the application for a license or permit, or a renewal of a license or permit;
(3) Making any false statement or giving any false information in connection with an application for a license or a renewal of a license; or
(4) Failing to remove or attempt to remove from the event covered in this chapter any person who appears to be under the influence of or affected by the use of alcohol and/or drugs or whose conduct reasonably appears to pose a physical danger to the safety of others present.
(Ord. 13-1995 §12, 1995: Vol. V p. 247 §7, 1945).
5.16.070 Deputy Sheriff Required.
(1) The board at its discretion may require any applicant for said license, before any license is granted, to pay in advance for the employment of the deputy sheriff(s) as set forth in Section 5.16.030(2) above, to be appointed by the sheriff of Yakima County, whose duty shall be to police the event to be licensed. The applicant’s failure to do so will be deemed a violation of this chapter.
(2) All law enforcement officers of the state or county, any member of the board, the prosecuting attorney and any deputy prosecuting attorney of the county shall have free access at all times to any circus, carnival, rodeo, animal show or rides, and/or other occasional amusement, sporting event, or show for the purpose of inspection and enforcement of the provisions of this chapter, and shall have the power to cause any such event to be vacated whenever any provision of this chapter or any ordinance, regulation or law is being violated or the safety of the public is being compromised. The applicant shall provide a statement in writing to the commissioners that such free access to the event covered by this chapter will be granted.
(Ord. 13-1995 §13, 1995: Vol. V p. 247 §6, 1945).
5.16.080 Controlled substances.
No promoter, or any officer, employee, volunteer, member, agent or representative of the promoter, shall permit or allow any person to use, possess, deliver, or bring upon the premises of said event covered by this chapter any controlled substance in violation of RCW Chapter 69.50, and no person shall use, possess, deliver, or bring upon the premises of said festival any controlled substance in violation of RCW Chapter 69.50.
(Ord. 13-1995 §14, 1995).
5.16.100 Preparations – Completion Requirements.
All preparations required to be made by the provisions of this chapter to the outdoor event site shall be completed thirty days prior to the first day scheduled for the event unless otherwise specified in writing by the board. For a fixed-site event, all preparation required shall be completed one day prior to the first day scheduled for the event. When all preparations have been completed, the promoter shall notify the board thereof, and the board may make inspection of the event site to determine if such preparations are in reasonably full compliance with plans submitted pursuant to Section 5.16.030.
(Ord. 13-1995 §16, 1995).