Cypress Municipal Code Art. III Permits for Carnivals and Circuses

Unless the context clearly requires otherwise, the following words and phrases, whenever used in this article, shall be construed as defined in this section:

"Carnival"

means and includes any amusement enterprise which utilizes merry-go-rounds, side shows, vaudeville presentations and/or mechanized equipment which is operated or ridden upon by patrons.

"Circus"

means and includes any tent, canvas structure, building or open air enclosure in which are exhibited any feats of horsemanship, trained animals, clowns, acrobatic or trapeze performances, rodeos and/or such other forms of skill or amusement as are commonly presented in such areas.

(Ord. No. 530, § 1, 4-22-74; Ord. No. 565, § 1, 4-12-76)

It shall be unlawful for any person, firm, association or corporation to hold, manage, conduct, aid, form, start or carry on any carnival or circus within the City of Cypress, without first having applied for and obtained a carnival or circus permit from the planning director as prescribed in this article.

(Ord. No. 530, § 1, 4-22-74; Ord. No. 565, § 1, 4-12-76)

(a) Any person desiring to obtain a carnival or a circus permit shall make application to the planning director on a form provided by him a minimum of 14 days prior to the desired date of operation. Said application shall be accompanied by a fee as prescribed by the master fee schedule, which may be updated by resolution from time to time.

(b) Any charitable organization which completes a request for and obtains an exemption from business license fees pursuant to section 15-57 of this Code shall not be required to pay the fee required by paragraph (a) hereof; provided, however, that in such cases the applicant must note the percentage of the gross income derived from the carnival or circus which will be received by the exempt organization, and provided further, that a copy of the contract between the carnival or circus organization and the exempt organization must be provided to the planning director.

(c) Permits and fees required by this article shall be in addition to any and all licenses, permits and fees required pursuant to any other provision of this Code.

(Ord. No. 530, § 1, 4-22-74; Ord. No. 565, § 1, 4-12-76; Ord. No. 1103, § 14, 10-27-08)

Upon the filing of an application for a carnival or circus permit, the applicant shall provide the following information to the planning director:

(a) The full name(s), address(es) and telephone number(s) of the applicant(s);

(b) The name, address and telephone number of the person or organization by or with whom the applicant is employed or associated, if any;

(c) The place or area in which the carnival or circus is to be conducted and written confirmation from the property owner consenting to the use of the property for the purpose of conducting a carnival or circus;

(d) The dates and times that such activity will be conducted;

(e) A complete description of the nature of each ride, amusement, game, exhibition or other activity included in the carnival or circus;

(f) The addresses of the last two previous locations where the carnival or circus was operated, and the dates of operation at those locations;

(g) A detailed site plan showing the location of any and all structures, equipment, vehicles, booths, rides and other amusement devices of any kind, parking areas, restrooms, entrances and first aid and emergency equipment; and

(h) A certificate of insurance issued by an insurance company approved in writing by the planning director which demonstrates that the applicant has obtained all risk public liability insurance with minimum policy limits of $300,000 for bodily injury and $50,000 for property damage.

(Ord. No. 530, § 1, 4-22-74; Ord. No. 565, § 1, 4-12-76)

After he has received a completed application for a carnival or circus permit, together with all information required by this article and such other information as he may deem necessary to complete his investigation, the planning director shall investigate the application and shall either:

(a) Issue the permit if he finds that the operation of the carnival or circus will comport with the peace, health, safety, convenience, good morals and general welfare of the public, and, to insure that the same will comport with the aforesaid standards, the planning director may impose such terms, conditions and restrictions upon the operation and conduct of such carnival or circus, not in conflict with any paramount law, as he may deem necessary and appropriate; or

(b) Deny the permit if he finds that the operation of the carnival or circus will not comport with the peace, health, safety, convenience, good morals and general welfare of the public or that the applicant, his employers or associates or the person or persons who would be responsible for the management or supervision of the carnival or circus, is unfit to be trusted with the privileges granted by such special permit or has bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity.

(Ord. No. 530, § 1, 4-22-74; Ord. No. 565, § 1, 4-12-76)

In addition to such conditions as may be imposed by the planning director pursuant to section 15-84 hereof, the issuance of a carnival or circus permit is subject to the following conditions:

(a) Carnivals and circuses shall only be permitted in the PS-1A and MP-40000 Zones.

(b) The operation of the carnival or circus shall be set up in conformance with the plot plan submitted with the application. Rides, games or other facilities not designated on the plot plan submitted with the application shall not be permitted. Further, the operation of the carnival or circus shall be conducted in such a manner as to comply in all respects with the representations made by the applicant in connection with his application for such permit;

(c) The applicant shall obtain a special use building permit from the City of Cypress Building Department;

(d) The applicant shall provide the Cypress Police Department with a copy of his application and permit, and shall be responsible for the registration with the police department of all employees and persons associated with the operation of the carnival or circus;

(e) The applicant shall submit with his application valid operating permits issued by the division of industrial safety, department of industrial relations, human relations agency, of the State of California, in compliance with the general safety orders of that agency which concern the safety and operation of amusement rides; and the applicant shall submit to building department inspection for the purpose of verifying the issuance of such safety permits for each amusement ride intended for use within the City of Cypress;

(f) There shall be no sale or consumption of alcoholic beverages on the carnival or circus site unless a valid alcoholic beverage control permit has been obtained and approved by the City of Cypress; except that there shall be no consumption of alcoholic beverages on the carnival site by amusement ride operators, game operators, concessionaires, employees or agents of the carnival or circus;

(g) After the carnival or circus has been set up and prior to opening the same for public admission, the applicant shall request the building department to inspect the premises to determine that electrical wiring, plumbing facilities and toilet facilities are adequate in accordance with the specifications of the City of Cypress. Similarly, the applicant shall request the fire marshal to inspect all facilities to determine that the same are consistent with good fire protection standards; the applicant shall request the health department to inspect all food handling stands and booths to determine that the same are consistent with good standards of public health; and the applicant shall request the planning department to inspect the premises to determine that the setup is in conformance with the plot plan submitted;

(h) The right will be reserved to the Cypress Police Department to inspect the premises, the various equipment, games, amusements and booths at any time;

(i) Said permit shall not be issued nor shall the carnival or circus be allowed to operate until the planning department has received confirmation from the building, fire, health and police departments that their respective inspections have been satisfactorily concluded; and

(j) Said permit shall not be valid for more than nine days in any thirty-day period.

(Ord. No. 530, § 1, 4-22-74; Ord. No. 565, § 1, 4-12-76)

If the building department, fire marshal, health department, planning department, or police department find that the applicant's safety provisions are deficient, find that unauthorized rides, games or other facilities have been introduced, find that alcoholic beverages are being sold or consumed contrary to the provisions of this article, or find that in any other way the operation of the carnival or circus would not comport with the protection of the health, safety or welfare of the community, the carnival or circus management shall be directed to correct these inadequacies, and if they fail to do so within such reasonable period as may be prescribed by any of the aforesaid officials, the permit may be summarily revoked by the planning director, building inspector, fire marshal, health officer or the chief of police. Similarly, any of the aforesaid officials may revoke the permit if he finds that the operation of the carnival or circus is being conducted in violation of any of the conditions imposed by the planning director on the issuance of said permit.

(Ord. No. 530, § 1, 4-22-74; Ord. No. 565, § 1, 4-12-76)

Any applicant aggrieved by any ruling of a member of the city staff upon any application filed pursuant to the provisions of this article, may file with the city clerk of the City of Cypress a statement, addressed to the city council, setting forth the contents of the application filed with the city staff, the action taken thereon by the city staff, and the reasons why it is believed the action was improper. The Cypress City Council, at its next regular meeting held after the date on which such appeal is filed with the city clerk, shall hear the appeal and the determination of said city council thereon shall be final.

(Ord. No. 530, § 1, 4-22-74; Ord. No. 565, § 1, 4-12-76)

§ 15-88. through § 15-89. (Reserved)