Manhattan Beach Municipal Code Ch. 4.28 Amusements—carnivals

A. "Carnival" means any fair, festival or like activity of a temporary nature having a concession or concessions.

B. "Concession" means and includes any booth or stand or any space, court or area at or in which any game or test of skill, science or amusement is offered and at or in which the public is permitted or invited to participate for a fee, charge or donation.

C. "Operator" or "Conductor" means the operator or conductor of a carnival or concession.

(§ 2, Ord. 1130, eff. December 6, 1968)

It shall be unlawful for any person to conduct, operate, maintain or carry on a carnival in the City without a written permit from the Council unless exempted under the provisions of Section 4.28.050 of this chapter.

(§ 2, Ord. 1130, eff. December 6, 1968)

Permits to conduct, operate, maintain or carry on a carnival in the City may be issued by the Council upon the written application of any person for himself or on behalf of any association of persons or corporation. The Council must first satisfy itself that the conduct, operation, maintenance or carrying on of such carnival will comport with the public health, morals, safety or welfare and will not become dangerous to the surrounding property and for this purpose may consider any fact or evidence bearing on the place where the proposed carnival is to be located, the character, reputation and moral fitness of those who will be in charge of the carnival, and any other facts or evidence tending to enlighten the Council in this respect. Some of the criteria and/or conditions that may be considered are:

A. Place of the operations as related to schools or adjoining occupied property classified in any R zone.

B. Whether such operations cause or produce any dust, gas, smoke, noise, fumes, odors, or vibrations detrimental to other property in the neighborhood or to the welfare of the occupants thereof.

C. Arrangement of lights used to illuminate the premises so as to reflect away from any adjacent residentially used premises.

D. Any public address system in connection with the carnival shall be modulated so as not to disturb occupants of any nearby dwelling units.

E. All structures, apparatus and appurtenances shall be removed from the premises the next day following the closing of the carnival.

F. The hours of such operation shall be limited between the hours of 10:00 a.m. and 10:00 p.m. Sunday through Thursday and 10:00 a.m. and 11:30 p.m. Friday and Saturday.

(§ 2, Ord. 1130, eff. December 6, 1968)

A. The application shall be filed with the City Clerk not less than thirty (30) days prior to the first day of operation of the carnival. No application shall be accepted by the City Clerk which is not filed within the time limit prescribed herein.

B. The application shall be for a specified time and for a specified location;

C. A complete list of the names and a brief description of the method of play for each game or test of skill, science or amusement shall be attached to the application.

D. No permit application shall be accepted from any person under 21 years of age.

E. The Police Department shall investigate and file a report with the Council as soon as reasonably possible after notification by the City Clerk that such application has been filed.

F. No permit shall be granted to any person to hold a carnival in or upon any of the streets or alleys belonging to this City.

G. Applications for permits shall not be accepted by the City Clerk unless accompanied by the fees established by Council under separate resolution.

(§ 2, Ord. 1130, eff. December 6, 1968, as amended by § 4, Ord. 1458, eff. June 17, 1976)

Where the operator or conductor of the carnival is a religious, charitable, educational, civic, veteran or other non-profit benevolent organization, or a group of such organizations, and the net proceeds of the carnival are to be used exclusively for religious, charitable, benevolent, educational, or civic purposes, such operator or conductor may be entitled to a fee exempt permit upon application and qualification for such permit as provided in this section.

The application for such permit and exemption from payment of the permit fee shall be filed with the City Clerk not less than thirty (30) calendar days prior to the starting date of the carnival. No application for such permit or exemption shall be accepted by the City Clerk unless filed within the time limits prescribed herein.

If at any time the carnival or any part of it is conducted in a manner which, had it been disclosed in the application for permit or exemption, would not have entitled the organization or organizations conducting the carnival to a fee exempt permit, or if the net proceeds from the carnival are not used for the purposes stated in this section, any fee exempt permit so issued shall be void and the full amount of the permit fee for the carnival shall be immediately due and payable to the City, and no other fee exempt permit for a carnival shall be issued to any such sponsoring organization or organizations until the fee has been paid.

(§ 2, Ord. 1130, eff. December 6, 1968)

The Council may require the permittees under a permit to conduct, operate, maintain or carry on a carnival to provide special private police protection and in addition thereto may require said permittee or permittees to provide public liability and property damage insurance in an amount to be determined by Council.

(§ 2, Ord. 1130, eff. December 6, 1968)

When the Council issues a permit under the provisions of this chapter, the permit may be revoked at any time thereafter by the Council or the Chief of Police, if the Council or Chief of Police become satisfied that the conduct of such carnival does not or will not comport with the public welfare for any reason, or that the same has been conducted in an illegal, improper or disorderly manner. The Council or the Chief of Police may revoke or suspend permits issued for any carnival where the permittee or person in charge, or his agents or employees thereof violate or permit any infraction of any law of the State or of the City and/or violate the terms or conditions of the permit. Any such permit may be temporarily suspended by written order signed by the Chief of Police, to the City Manager, a copy of which order shall be transmitted by the Chief of Police to the City Manager within twenty-four (24) hours after its issuance. Any party aggrieved by the notice of suspension may appeal said action to the Council at its next regular meeting.

(§ 2, Ord. 1130, eff. December 6, 1968)