Fresno County Municipal Code Ch. 6.20 Circuses, Carnivals and Theaters

Every person carrying on, or proposing to carry on the business of conducting a theater, including motion picture shows, minstrel shows, and like means of amusement, circuses, carnivals and wild west shows, shall, not less than ten days prior to the date the place of business or amusement is to be opened and operated as a public attraction:

A. File with the license collector an application in triplicate, in writing signed by the owner or owners of the business or their agent for such license setting forth:

1. The name under which the business or place of amusement is to operate;

2. The name and permanent address of the owner or owners, together with a local address at which communications will be received during the time the business or place of amusement is in operation under such license, and the period for which such license is desired;

3. The location at which the business or place of amusement is to be located, and the nearest business thereto occupied as a dwelling;

4. A full and complete description of the type of business to be carried on, and of all other entertainments and amusements of any kind whatsoever to be carried on and conducted in connection therewith, or in any wise contiguous thereto; provided further, that a detailed description shall be given of the operation of every game or other device from which merchandise, cash or articles of value are to be distributed specifically describing the element of skill in each such operation, together with a statement of the price of admission to, and a full and exact statement of the amount of, and method of making all charges in connection therewith;

5. The type and number of each food distribution booth planned in connection with, or upon the premises where the business or place of amusement is to be conducted;

6. The type of drinking water facilities planned, together with the method of transportation to the place of business, and the source of supply thereof;

7. The type and number of toilet facilities proposed to be used for each sex, together with a brief description of sanitation, cleanliness and sewage disposal provided for;

8. A brief description of provisions provided for general sanitation of grounds, booths, structures, prevention of dust and disposal of garbage;

9. Date and hour when premises will be ready for health inspector inspection, which shall in no event be less than twenty-four hours before the time of the proposed opening of such business or place of amusement to the public.

B. The application for license shall be accompanied by an application fee as set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs and upon the receipt of such application and fee, the license collector shall immediately transmit a copy thereof to the health officer and a copy thereof to the district attorney.

(Ord. 89-006, § 4; prior code, § 60l)

It shall be the duty of the health officer as soon as possible after the date and hour specified in the application when the premises are to be ready for inspection, to inspect the premises and facilities and shall certify to the treasurer-tax collector that the following facts are true before the treasurer-tax collector issues any license hereunder:

A. That the types of amusement facilities therefor are not dangerous to the public health;

B. That the drinking water supply is properly piped or adequately carried in a hose of a substantial type from a public water supply or from a private water supply which has been tested and approved by the health officer, is fit for human consumption, and that adequate sanitary fountains, or sanitary drinking cups are provided, together with adequate signs directing the public to the location thereof;

C. That booths or other establishments provided for the sale or distribution of foods or drinks are properly equipped, arranged and planned for the sanitary handling of all materials intended for ultimate human consumption, and are in full compliance of all the laws in the state and the county, relating to the distribution of foods for public consumption;

D. That toilets of an approved flush or chemical type, with not less than one bowl and urinal for male and two bowls for female sex are provided, equipped and arranged for adequate sanitation and disposal of sewage with wash bowls and sanitary towels in the room occupied by each of the toilets, and signs designating each sex conspicuously displayed from the outside thereof;

E. That adequate provision has been made for the proper sanitation of the premises, grounds and structures occupied by the place of business or amusement, and for the proper laying of dust and disposal of garbage.

(Prior code, § 601.1)

The license collector upon receiving the certificate of the county health officer, certifying that the applicant conforms to all of the provisions of this chapter, and that there is no reason why the license should not issue and upon the payment of the fees therein specified, shall issue a license for the operation of said circus, carnival, wild west show or other place of amusement herein specified. The issuance of any such license does not constitute approval of the legality of any game, amusement or device, or the manner in which the game, amusement or device is played. The license so issued shall be conspicuously displayed by the licensee upon the premises in the office of the manager or other person in charge thereof, and shall be immediately produced upon the request of the health officer, district attorney or any peace officer. Upon the rejection of any application for a license, the fee deposited therewith shall be retained by the license collector as payment for the examination and inspection.

(Ord. 94-007, § 2; Ord. 89-006, § 4; prior code, § 601.3)

In addition to the license fees herein provided for, any person filing an application to conduct a carnival, circus or wild west show, shall at the time of making the application deposit with the treasurer-tax collector, the sum of one hundred dollars as a bond to insure that the premises upon which circus, carnival or wild west show is to be located shall be left in a clean and sanitary condition at the conclusion thereof. At the conclusion thereof, the health officer shall inspect the premises upon which said performance was held, and if, in his opinion, the premises are not in a clean and sanitary condition, he shall take such steps as may be necessary to clean the premises. The cost of cleaning to be paid for out of the moneys deposited at the time of said application. The health officer shall submit an itemized account of the expenditures incurred in cleaning the premises to the auditor-controller, and the auditor-controller shall draw his warrant for their payment. The itemized account of the health officer shall be conclusive proof of the truth of the items therein contained, and such bond shall be deposited conditioned thereon. Any sum not so expended in cleaning the premises shall be refunded to the person depositing the same.

(Prior code, § 602)

Irrespective of the license provisions of this chapter, it is unlawful for any circus, carnival or wild west show to be located, conducted, or carried on within three hundred feet of any zone classified under zoning ordinance of this county as R-1, R-1-C, R-1-B, R-1-A, R-1-AH, R-1-E, R-1-EH, RR, RA, R-2, R-2-A, R-3, R-3-A, R-4, R-P, C-P, C-1, C-2 or within three hundred feet of any building used for dwelling purposes, unless all persons living within the distance of three hundred feet therefrom, have waived in writing, any objections which they may have to the location thereof, and in no event shall such circus, carnival or wild west show be located, maintained or conducted within six hundred feet of any building used for hospital purposes, nor shall there be maintained on the grounds thereof, any device whatsoever, giving rise to excessively loud noises. The provisions of this section, with respect to location, shall not apply to any business or place or amusement herein referred to, which is located within a good and substantial enclosure not less than six feet in height, or which is located on property owned and controlled by the county, or any city located therein.

(Ord. 0-81-002, § 4; prior code, § 603)

A. It shall be the duty of the health officer to inspect the premises, grounds, facilities and structures of each carnival or other amusement licensed under this chapter once each day during the period of its operation, and upon the failure, refusal or neglect of the owner, manager or any other person in charge of the carnival or any individual separate amusement thereof to exhibit to the health officer or to any peace officer commanding same license for the carnival or individual amusement or who fails, refuses or neglects to maintain said carnival or any part thereof in as good sanitary and cleanly condition as the same was at the time of its inspection by the health officer or to maintain drinking water, toilets and garbage and sewage disposal in as good condition as the same were at the time of the original inspection by the health officer or any owner, manager or other person in charge thereof who maintains or allows to be maintained in connection with said carnival or on the premises occupied by same, any amusement, food, confection, soft drink or merchandise establishment not licensed as provided by this chapter or maintains, or allows to be maintained or operated, any game of skill or other device from which merchandise or other things of value for distribution in a method or manner different from that described in the application by reason of which a license was obtained for same, is guilty of a violation of this code.

B. Upon the county health officer or any peace officer observing any violation of this chapter it shall be the duty of such officer to ascertain from the clerk or chairman of the board of supervisors the next official meeting date of the board and to notify the owner, managing agent or other person who signed the application at the local address given on such application, by United States Mail, postage prepaid, to appear before the board of supervisors of the county at a meeting of the board of supervisors, the time and place being in said notice, set forth and which notice shall be deposited in the United States Post Office at Fresno, California, not less than seventy-two hours prior to the time the notice is returnable before the board of supervisors.

C. If, after a hearing on said notice, the board of supervisors determine that this chapter has been violated by the holder of a license or by any person acting under the authority of or in the employ of the holder of the license in connection with the carnival or other amusement for which the license shall be forthwith revoked and the treasurer-tax collector and the sheriff-coroner immediately notified thereof, and no new license shall be issued thereafter except upon posting of a surety bond in the penal sum of one thousand dollars, with the board of supervisors, signed by the applicant and two good and sufficient sureties who must justify before the board of supervisors, which bond shall be conditioned for the faithful observance of the provisions of this chapter.

(Prior code, § 604)

A. Every circus, carnival and wild west show shall, upon the issuance of a license for the conducting thereof, pay a fee therefor as follows:

Per Day

One ring circus .....$50.00

Two ring circus .....100.00

Three ring circus .....150.00

Carnival .....50.00

Trained animal exhibition, one ring at each performance .....5.00

Wild west show or trained animal exhibition. More than one ring at each performance .....50.00

B. In addition to the foregoing, there shall be charged as a part of the license fee therefor, for each side show, amusement, exhibition, game or ride for which a separate admission or charge is made, as follows:

Per Day

Where such charge is twenty-five cents or less .....$ 2.00

Where such charge is, or may be more than twenty-five cents, but less than fifty-one cents .....10.00

Where such charge is, or may be more than fifty cents, but less than seventy-six cents .....15.00

Where such charge is, or may be more than seventy-five cents, but less than one dollar and one cent .....20.00

Where such charge is, or may be more than one dollar .....50.00

For the purpose of this chapter, every circus, carnival, or wild west show shall be conclusively presumed to be of the kind and type as advertised to the public.

(Prior code, § 605)

Every person carrying on the business of conducting a theater, motion picture show, minstrel show, opera, band concert, musical performance or exhibition, public lecture, automobile or motorcycle race track including midget automobiles, skating rinks, ball parks where any type of professional or semiprofessional ball is played, and like places of amusement, except as provided in this title, shall procure a license for each such place of amusement under the same management or control and pay therefor, a fee as set forth in the County of Fresno Master Schedule of Fees, Charges and Recovered Costs.

(Ord. 89-006, § 4; prior code, § 605.1)