Grand Terrace Municipal Code Ch. 5.16 Carnivals, Shows and Other Entertainments

Whenever the words "person" or "party" are used in this Chapter referring to those liable to pay license fees, the same is intended and shall be construed to include as well a firm, association or corporation carrying on the business for which a license must be procured, and when the terms in this Chapter designate the principal, the same shall be construed to include as well the agents, servants, representatives and employees of such principal. It is the intention of this Chapter to license the business, exhibition or occupation, and not separate or individual acts, except as otherwise provided in this Chapter.

(Ord. 1 § 1(part), 1978: county code § 42.017)

Prior to an application to the City, the applicant shall present to the City a copy of a current, valid certificate of inspection issued by the State Department of Safety and Health and Safety Administration.

It is unlawful for any person or persons, whether as principal, clerk, servant, agent or employee, to engage in, conduct or carry on or participate in any business, exhibition or occupation, specified in this Chapter, without having first procured a license so to do and paid the fee for such license, as provided by resolution of the City Council, or to engage in, conduct or carry on any such business unless a license has been duly issued for the particular business or establishment sought to be conducted, and such license has not expired or been revoked. Every person who violates any of the provisions of this Chapter is guilty of a misdemeanor.

(Ord. 1 § 1(part), 1978: county code § 42.011)

Every person carrying on the business or occupation of exhibiting or conducting a traveling show or entertainment open to the public, including any caravan, museum, menagerie, collection of animals or freaks, circus, sideshow, burlesque show, rodeo, carnival, exhibition of animals, feats of horsemanship, acrobatic performance, "Wild West" show or other show or entertainment similar in character and not otherwise named, shall procure a license and pay a license fee as determined by resolution of the City Council.

(Ord. 1 § 1(part), 1978: county code § 42.0110)

Every person conducting the business of a public exhibition of a roller skating race, roller derby, roller skating derby, roller skating exhibition or ice skating race, ice skating derby, ice skating exhibition or any contest or exhibition of speed or skill on roller skates or ice skates, which is open to the public, shall procure a license and pay a license fee as determined by resolution of the City Council.

(Ord. 1 § 1 (part), 1978: county code § 42.0111)

Every person conducting the business of a racetrack which is open to the public and at which races or exhibitions of speed, skill, daring or endurance by means of automobiles, midget automobiles, midget races, racing cars or motorcycles are held shall procure a license and pay a license fee as determined by resolution of the City Council. Every person conducting the business of a racetrack which is open to the public and at which races between animals are held shall procure a license and pay a license fee as determined by resolution of the City Council.

(Ord. 1 § 1(part), 1978: county code § 42.0112)

A. Application for such license shall be made to the City Council in writing and shall state the name and address of the applicant, the particular kind of business, exhibition or occupation to be conducted, the place where the same is to be conducted and must be accompanied by the license fee, as provided in this Chapter, for the period for which the license is sought.

B. Upon receipt of such application, the City Council shall thoroughly investigate the application.

(Ord. 1 § 1 (part), 1978: county code § 42.012(part))

A. After the investigation provided for in Section 5.16.070(B), the City Council may grant the application, or in its judgment, may call for a public hearing to determine whether or not the application shall be granted.

B. Notice of such public hearing shall be given by posting such notice in three public places.

C. At the time and date set for the hearing or to which the hearing may be continued by the City Council, the Council shall hear the applicant for such license who may present any facts or witnesses to show why such license should be granted, and shall hear and consider all oral and written objections to the granting of the license, and may place under oath and interrogate any person before it.

(Ord. 1 § 1(part), 1978: county code § 42.012(part))

At the close of the hearing provided for in Section 5.16.080, or at any time within thirty days thereafter, the City Council may deny the application for such license if, from the facts produced at the hearing, and from any other facts in its possession, it appears:

A. That the premises in respect to which the license is to be issued do not comply with the requirements of any law, or are injurious to the public health, safety or morals; or

B. That the applicant for such license is an unfit person to be trusted with the privilege granted by such license; or

C. That the conduct of the business, exhibition or occupation sought to be licensed is likely to become a public nuisance or to constitute a breach of the public peace or is likely to become, in any way, a detriment to public welfare.

(Ord. 1 § 1(part), 1978: county code § 42.012 (part), (a), (b), (c))

A. No license nor any renewal of the same shall be granted for any business, exhibition or occupation which is a public nuisance or which has been so conducted as to be a public nuisance. A license or renewal thereof may be refused because the business, exhibition or occupation is apt to become a public nuisance, or is apt to be in any way detrimental to the public interest, or that the applicant therefor is a person unfit to be trusted with the privileges granted by the license.

B. No person who has been once refused a license, or who has failed to prosecute his application therefor to a hearing before the City Council, as provided in this Chapter, shall be granted a license for the same business, occupation or exhibition except upon order of the City Council.

C. Any applicant for a license may be examined under oath to determine who is the real party in interest in the business, occupation or exhibition for which a license is sought. If the City Council is satisfied that the applicant is not in the interest in the business, occupation or exhibition for which a license is sought, and if the City Council is satisfied that the application is not in the interest of the party in whose name the application is made it may refuse to grant the license, and if found to be in the interest of one who has already been refused a license, it may treat the application as though made by the real party in interest, and the application shall have the same effect against any future application as if it had been made in the name of the real party in interest.

(Ord. 1 § 1 (part), 1978: county code § 42.018)

A. Upon approval of any application for a license under this Chapter by the City Council as provided in this Chapter, the finance director shall issue a license to the applicant; such license shall set forth the name of the applicant, the place where the business, exhibition or occupation is to be conducted, the period for which issued and the amount of the fee paid.

B. Each license shall be nontransferable, shall be posted in a conspicuous place in or on the premise in respect to which it is issued and shall be exhibited to any peace officer. Each license issued under this Chapter is separate and distinct and no person shall seek to exercise the privileges granted under such license except the person, corporation or association to whom it is issued and at the specific place for which it was issued.

(Ord. 1 § 1(part), 1978: county code § 42.013)

All sums of money for licenses provided for in this Chapter are due and payable in advance at the office of the finance director. All licenses provided for in this Chapter may be issued for any period not exceeding one year and not less than the period for which a license fee is fixed.

(Ord. 1 § 1(part), 1978: county code § 42.016)

Every license granted under this Chapter or any section of this Chapter is granted and accepted by all parties receiving such license with the express understanding that the City Council may revoke the same or the order for the issuance thereof, at any time when it appears to the City Council that any state of facts exists upon which it would be authorized to deny an application for such license, or that the person to whom such license was issued or any of his agents, servants or employees, or any other person in charge of or employed about the business, exhibition or occupation for which such license was issued has violated any of the conditions of the license or terms of this Chapter or of any other ordinance or of any law of the state, in force as of the effective date of the ordinance adopting these provisions or thereafter, regulating the exhibition, occupation or business for which such license is issued, or that the license was obtained by fraudulent representations, or that the holder of the license is an unfit person to be trusted with the privileges granted by the license, or has conducted his business in an immoral or disorderly manner, or has conducted such business, exhibition or occupation in such a manner as to be detrimental to public peace, public safety or public welfare; provided, however, that no license shall be revoked without giving the holder thereof an opportunity to appear before the City Council on his own behalf.

(Ord. 1 § 1 (part), 1978: county code § 42.014(part))

A. If the City Council is of the opinion that a hearing should be had to determine whether or not a license under this Chapter should be revoked, it shall cause a notice of such hearing to be given to the holder of such license at a time not less than five days before the hearing.

B. At the time set for the hearing or at the date to which the hearing may be continued by the Council, the Council shall hear the holder of the license, who may present any facts to show why such license should not be revoked, and shall hear statements from other person who may attend the hearing and present reasons why the license should or should not be revoked, and may, if it so desires, place under oath and question any person before it; provided, that the Council may close the hearing when it is convinced that no public good will result from its continuance.

C. At the close of the hearing, or at any time within thirty days thereafter, the Council shall determine from the facts produced at the hearing, and from any other facts in its possession, whether or not the license should be revoked, and shall make its order accordingly and may make such order conditional upon the doing or not doing of any act by the holder of the license or his agents or servants, which the Council deems for the public good.

D. On the revocation of the license no part of the money in the hands of the tax collector shall be returned, but such license fee shall be forfeited to the City. Notice of such revocation shall be given to the finance director by the City clerk.

(Ord. 1 § 1(part), 1978: county code § 42.014(part))

A. It shall be the duty of the finance director to cause suit to be brought in the name of the City as plaintiff for the recovery of any license fee imposed in this Chapter against any person required by this Chapter to first procure a license before engaging in any business, as defined in this Chapter, who carries on or attempts to carry on such business without such license.

B. It is the duty of the City attorney to prosecute all violations of this Chapter on sworn complaint thereto, and to act as attorney for the finance director for the collection of any unpaid license fees.

(Ord. 1 § 1(part), 1978: county code § 42.015)