5-4 CARNIVALS AND FAIRS. [1]

1 Editor’s Note: This section was adopted by Ord. No. 15, §1[4]. For the statutory authority of cities to license for regulatory purposes any kind of business not prohibited by law, transacted and carried on within the territorial limits of the city’s jurisdiction, including all shows, exhibitions and lawful games, and to fix the rate of the license fee, see Bus. and Prof. Code, §16100. For the authority to license for revenue purposes individuals acting as hawkers, itinerant peddlers or vendors, other than merchants having a fixed place of business in the city, their employees and farmers selling their farm produce, see Bus. and Prof. Code, §16101. For the provisions exempting veterans, see Bus. and Prof. Code, §16102. For the provisions exempting commercial travelers at wholesale, see Bus. and Prof. Code, §16103; for the statutory prohibition against requiring a regulatory license or fee with respect to cafe musicians, see Bus. and Prof. Code, §16100.5. For the statutory provisions prohibiting cities from prohibiting a person licensed by the State from engaging in that business or occupation, but allowing the city to license for both regulatory and revenue purposes such persons, see Bus. and Prof. Code, §460. For the statutory provisions regarding fairs and expositions generally, see Agricultural Code, §3001ff and Government Code, §25900ff; for the provisions regarding toilet facilities for itinerant restaurants, see Health and Safety Code, §28596; for the provisions regarding tents and fire protection, see Health and Safety Code, §13115ff; for the provisions regarding amusement rides safety, see Labor Code, §7900ff.

Every person conducting, managing or operating any transient fair, carnival, ferris wheel, scenic railway, merry-go-round, swing, chute-the-chute, open-air amusement device, traveling theatrical show, or other similar exhibition and amusement shall first obtain a permit from the Town Council.

Every applicant for the license required by subsection 5-4.1 shall pay in advance to the Tax Collector a license fee of seventy-five ($75.00) dollars per day. An additional five ($5.00) dollars per day shall be paid for every separate show, concession, attraction or exhibition, every ride or amusement device of any kind, and every other attraction or exhibition if an admission fee or any charge whatsoever is imposed on the patrons and if the separate show is conducted in conjunction with the fair, carnival or other attraction described in subsection 5-4.1.

The Town Council on hearing an application for a carnival license may remit the license fees provided in this section and authorize the issuance of a permit without license fees if any of the exhibitions or amusements are given or are sponsored by organizations whose principal purpose is charity, educational benefits, civic purposes, or general welfare and public interests.

No portion of any public street, road or highway shall be used to conduct any fair, carnival or other exhibition or amusement referred to in this section unless special permission is secured and the portion of a public street, road or highway permitted to be so used is specifically designated in the permit.

The enforcement of this section shall be the responsibility of the Danville Police Department.