For purposes of this chapter the following definitions shall apply:
(a) "Carnival" or "circus" means an event open to the public that offers diverse entertainment, which may include, but is not limited to shows, rides, play areas, animal acts, exhibits and concessions.
(b) "Concession" means a booth or other area within a carnival or circus where event attendees may in exchange for a fee or donation (1) play games of skill or strength in exchange for the opportunity to win a prize, (2) see a show, act, exhibit or attraction, (3) purchase food or merchandise, (4) go on a ride or enter a play area or (5) engage in another form of entertainment.
(c) "Game of chance" means a game whose outcome is determined by use of a device such as dice, cards or some other random selector.
(d) "Game of skill" means a game where the outcome is determined by mental and/or physical skill, rather than by chance.
(e) "Nonprofit organization" means a private nonprofit organization that has been qualified to conduct business in California for at least one year and is exempt from taxation pursuant to sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, 23701t, or 23701w of the Revenue and Taxation Code.
(f) "Operator" shall mean any person who puts on a carnival or circus other than a nonprofit organization defined in paragraph (e) above.
(g) "Play area" means a section of a carnival or circus that contains games, amusement devices, mobile gaming trucks, non-mechanical rides, inflatable devices, animal rides or other interactive entertainment.
(h) "Prize" means anything of value given to a participant at any game concession.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10312 (N.S.), effective 2-6-14)
(a) Except as allowed in subsection (b) below, no person shall operate a carnival or circus within the unincorporated area of the County without obtaining a license from the Issuing Officer. The Sheriff shall be the Issuing Officer for a license issued under this chapter.
(b) A nonprofit corporation as defined in this chapter that operates a carnival or circus on property it owns or leases is exempt from the license requirement under this chapter. A person who operates a carnival or circus on behalf of a nonprofit corporation in exchange for payment of any kind, however, is not exempt and is required to obtain a license under this chapter.
(Added by Ord. No. 9889 (N.S.), effective 10-26-07)
(b) An applicant for a carnival or circus license shall submit a completed application at least 60 days before the planned starting date for the event on a form provided by the Issuing Officer. The application shall contain the following information:
(1) For individual applicants: name, address and telephone number; for partnerships applicants: names, addresses and telephone numbers of the general partners; and for corporate applicants: the principal place of business, and the names, addresses and telephone numbers of the corporate officers.
(2) The address or parcel number of all property where the event is proposed to be conducted, including all property to be used for parking, or other uses incidental to the event. The applicant shall also submit proof of ownership of the premises or the written consent of all property owners of the identified property;
(3) The days and hours during which the event will be conducted;
(4) A schedule of entrance fees or other charges for admission or participation at the event;
(5) A list and description of all concessions at the event, including the concessionaires' names;
(6) An estimate of the maximum number of participants and attendees for each day it is conducted;
(7) A map or plan showing the location of all structures, including temporary structures, rides, concessions, play areas, lavatories, medical and first aid stations, food, water and trash removal facilities, parking areas and number of parking spaces and traffic flow patterns for vehicles and pedestrians;
(8) Information about who will provide security for the event and the number of security personnel that will be provided; and
(9) The name, address and telephone number of each employee who will work at the carnival or circus.
(c) With the application the applicant shall also submit proof:
(1) That all tents to be used are made of non-flammable materials or treated and maintained in a flame-retardant condition as required by Health and Safety Code section 13115.
(2) The applicant has, where applicable, notified the County Department of Animal Services in compliance with Health and Safety Code section 25989.1.
(3) The applicant is in compliance with Labor Code sections 7900 et seq. for any temporary amusement rides that will be used at the event.
(4) That the applicant has insurance that complies with section 21.2409.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
In addition to the grounds for denying a license under section 21.108 the Issuing Officer may deny a carnival or circus license if he determines:
(a) Within the five years preceding the application the applicant has been convicted of an offense under Penal Code Sections 332 and 334 or a similar offense in any other State; or
(b) Conducting the carnival or circus will cause an increase in the amount of pedestrian and vehicular traffic that will present a threat to public health or safety to residents and others in the vicinity where the event is proposed to occur; or
(c) Conducting the carnival or circus will require diverting a significant number of law enforcement personnel from their normal duties that will likely prevent reasonable law enforcement protection to the community in the area where the event is proposed; or
(d) The applicant violated this code or State law while conducting a carnival or circus while issued a license pursuant to this chapter and the applicant is unable to demonstrate to the satisfaction of the Issuing Officer that the applicant will comply with this code or State law if the carnival or circus license is issued.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
State law reference(s)--Prohibited substances, Health and Safety Code, § 1100 et seq.; registration for violation of Uniform Controlled Substances Act, Health and Safety Code, § 11590; approved methadone maintenance program, Welfare and Institutions Code, §§ 4351, 4352.
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