Los Angeles County Municipal Code Part 2 Licensing Procedures

A.

Every person sponsoring, conducting, managing or carrying on a circus or carnival shall first procure a license and pay an annual license fee in the amount set forth in Section 7.14.010 of this title under the appropriate heading.

B.

Every person sponsoring, conducting, managing or carrying on a circus or carnival concession shall first procure a license and pay an annual license fee in the amount set forth in Section 7.14.010 of this title under the appropriate heading.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 1 § 3703, 1951.)

The application procedure provided for in this chapter shall be followed with regard to licenses sought pursuant to this chapter, and the provisions of Sections 7.06.010 through 7.06.160 of this title shall not apply, unless otherwise specified.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3705, 1951.)

Every person desiring a license pursuant to this chapter shall file an application with the tax collector upon a form to be provided by the tax collector, and at such time pay the required fee and penalty, if any. The application shall be filed at least 60 days prior to the commencement of any circus or carnival, and shall include:

A.

The name, address, and telephone number of the applicant. If the applicant is a corporation, include the names and addresses of the directors, officers and person(s) authorized to accept service of process on behalf of such corporation, and attach a copy of the articles of incorporation;

B.

A detailed description of the date(s), location(s), and hours of operation of the circus, carnival or concession thereof;

C.

A list of the names of all agents, employees or other persons involved in the operation of the circus, carnival or concession thereof;

D.

A detailed schedule of the concessions to be presented by the applicant at the circus or carnival, including the various fees to be charged, the names of person(s) in charge of each concession, the rules for the operation of each such concession;

E.

Copies of all contracts, agreements or other written memorandum between the applicant and any other person(s) with respect to the operation of each concession at the carnival or circus, including a statement as to the disbursement, "split," or other apportionment of the proceeds between the applicant and any other such person(s);

F.

A detailed description of the mechanical devices or equipment owned by or under the control of the applicant to be used in the operation of the circus, carnival or concession thereof;

G.

Copies of all policies and binders of liability insurance, including, but not limited to, vehicle, public, product and professional, Worker's Compensation insurance held by the applicant;

H.

Copies of rules and regulations of the applicant governing the operation of the circus, carnival or concession thereof;

I.

Proposed date, time and location for on-site inspection prior to commencement of circus, carnival or concession thereof;

J.

A statement that the applicant agrees to operate the circus, carnival or concession thereof in strict accordance with the provisions of this chapter and applicable laws, and assumes full responsibility for the lawful and safe operation of the circus, carnival or concession thereof.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3706, 1951.)

A license to operate a circus or carnival entitles the licensee to operate a circus or carnival concession, provided that the concession(s) to be operated under the circus or carnival license are specified in the application for such a license, the proceeds from the concession(s) are to be disbursed, "split," or otherwise apportioned by or through the licensee to whomever operates the concession(s) or otherwise has an interest in the concession(s), and the licensee shall be responsible for the safe and lawful operation of such concession(s). With the exception of the foregoing, a separate license is otherwise required for each concession to be operated at any circus or carnival, and every applicant therefor must comply with the provisions of Section 7.25.050 to the extent applicable to any such concession.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3706.1, 1951.)

Every person, association or other organization sponsoring a circus, carnival or concession thereof for a charitable purpose shall comply with the provisions of Chapter 7.24 of this title prior to the commencement of such circus, carnival or concession. Where the applicant for a circus, carnival or concession license is not the sponsor of the circus, carnival or concession, the applicant shall state in the application the name, address and telephone number of each sponsor and give a detailed description of the functions, responsibilities and obligations of any such sponsor in the operation of the circus, carnival or concession thereof. This information shall be in addition to the information required by subsection E of Section 7.25.050.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3706.2, 1951.)

The applicant or licensee shall supplement, modify or otherwise keep current the information required under Sections 7.25.050, 7.25.060 and 7.25.070. Such supplementary information shall include, but is not limited to, future date(s), location(s) and hours of operation of the circus, carnival or concession(s); new or otherwise undisclosed agents, employees, or other persons involved in the operation of the circus, carnival or concession(s); new or otherwise undisclosed sponsor(s) of the circus, carnival, or concession(s); new or otherwise undisclosed concessions to be presented at the circus or carnival; and such other required information which is unavailable or otherwise unknown at the time of the original application.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3706.3, 1951.)

Upon receipt of a license fee, the tax collector shall:

A.

Issue a date receipt to the applicant showing the location(s) and activity for which an application has been made;

B.

Transmit copies of the license fee referral memorandum to the business license commission and to interested officers or departments of the county, including but not limited to the sheriff, director of regional planning, the forester and fire warden, director of weights and measures, county engineer, county health officer, and director of animal control;

C.

Set the application for hearing before the business license commission not sooner than 45 days after receipt of such license fee(s).

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3707, 1951.)

Nothing herein shall be construed to limit, modify, or otherwise affect the authority of any officer or department to which an application is referred to enforce and administer any enactment applicable to the activity under consideration.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3707.1, 1951.)

In conjunction with the provisions of Sections 7.06.170 and 7.06.180 of this code, the applicant shall be notified and advised in writing at least five days prior to hearing before the business license commissions of the recommendation or other determination of every officer and department to which the application has been referred for investigation, inspection or either disposition.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3708, 1951.)

A license required by Section 7.25.030 shall not be granted until the business license commission or referee holds a public hearing, notice of the date, time and place of which shall be given to the applicant as required by Section 7.10.100. Such notice shall also be given to each sponsor, if any, of the circus, carnival or concession thereof. (Ord 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3709, 1951.)

The applicant or its representative shall appear at the public hearing before the business license commission at the date, time and place set for hearing or to which the hearing may be continued. In addition, where the applicant is not the sponsor of the circus, carnival or concession thereof, if there is such a sponsor, such sponsor or its representative shall also appear at said public hearing.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3710, 1951.)

Within the license period or on any renewal application, the licensee or any sponsor(s) may be required by the business license commission to appear at a public hearing to present any supplementary information contemplated by Section 7.25.080, or other information with respect to the conduct or operation of the licensed activity.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3710.1, 1951.)

Every applicant for a circus or carnival license shall obtain and maintain in full force and effect public liability insurance in the sum of $250,000.00 for death or injury to one person and $500.000.00 for the death or injury to more than one person in the same accident or occurrence.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3713, 1951)

Except as otherwise provided in this chapter, a license required by this chapter shall not be issued except upon order of the commission. A valid license must be in the possession of the applicant in advance of the operation of a circus, carnival or concession thereof.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 1 § 3704, 1951.)

Subject to Section 7.25.180, a license required by this chapter shall be granted, or denied as provided in Section 7.08.070 except that a license shall not be granted unless the commission also finds that the proposed circus, carnival or concession

thereof will not, in any way substantially jeopardize. adversely affect, endanger, or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use.

(Ord. 12207 § 9 (part), 1980: Ord 5860 Ch. 25 Art. 2 § 3711, 1951.)

In addition to any condition(s) imposed pursuant to Section 7.06.110, a license required by this chapter shall be subject to the condition that the applicant or licensee satisfactorily undergo an on-site inspection of the location(s) of the licensed activity by interested officers or departments of the county prior to commencement of the licensed activity. The business license commission may impose such other conditions as the commission finds necessary for reasons of health, sanitation, noise, clean-up, and general welfare of the public. Such conditions shall appear on the license.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3712, 1951.)

A license for a circus, carnival or concession thereof shall be revoked, suspended or modified as provided in Sections 7.08.110 and 7.08.140. Failure to comply with any condition imposed on such license shall constitute additional ground(s) for revocation, suspension or modification of such license.

(Ord. 12207 § 9 (part), 1980: Ord. 5860 Ch. 25 Art. 2 § 3715, 1951.)