Pacifica Municipal Code Ch. 3 Carnivals, Circuses, Fairs, and Traveling Shows

Before any circus, carnival, fair, or similar type of commercial show, or any aggregate of commercial concessions shall open for business in the City, it shall first obtain a permit from the City as provided in this chapter.

(§ 1, Ord. 310)

Before any permit shall be granted, as provided in Section 5-3.01 of this chapter, an application shall be filed by the person desiring to operate the business, which application shall set forth over the signature of the applicant the following information:

(a) The name and address of the applicant;

(b) The names and addresses of the proprietor and the person to be in immediate charge of the place of amusement;

(c) The names of the last three (3) places where the business has been shown immediately prior to the application, including the dates;

(d) The dates of the proposed showing;

(e) The location at which it is proposed to conduct the place of amusement;

(f) The time and route of any parades within the City planned by the applicant;

(g) A general statement of each type of entertainment to be offered, including the detailed listing of the content, operation, and format of each type of entertainment, ride, game, exhibit, or show;

(h) The provisions which will be made to house employees and circus personnel; and

(i) The number and kinds of live animals which will be kept on the site and the places where they will be kept.

(§ 2, Ord. 310)

Applications for the permits required by the provisions of Section 5-3.01 of this chapter shall be filed with the Director of Finance at least thirty (30) days prior to the opening date proposed in such application, along with a permit fee in the amount of One Hundred and no/100ths ($100.00) Dollars. Such permit fee shall be in addition to the license fee set forth in Section 5-3.09 of this chapter.

(§ 3, Ord. 310, as amended by § I, Ord. 107-C.S., eff. May 22, 1974)

Upon receipt of the application and permit fee required by the provisions of Section 5-3.03 of this chapter, the Director of Finance shall refer the application to all regulatory departments of the City for a report thereon. Upon receiving the reports from such departments, and upon the fulfillment by the applicant of all the provisions of this chapter and other applicable laws and codes of the City, and upon meeting all reasonable requirements set forth by the City departments, the Director of Finance shall grant or deny the permit.

(§ 4, Ord. 310)

If the applicant is not satisfied with the decision of the Director of Finance, as set forth in Section 5-3.04 of this chapter, such applicant may appeal such decision to the Council at its next regular meeting.

(§ 5, Ord. 310)

Before a permit is granted pursuant to the provisions of this chapter, the applicant shall present written proof of insurance coverage for the term of the permit as follows:

(a) Two Hundred Fifty Thousand and no/100ths ($250,000.00) Dollars/Five Hundred Thousand and no/100ths ($500,000.00) Dollars for public liability; and

(b) Fifty Thousand and no/100ths ($50,000.00) Dollars for property damages.

(§ 6, Ord. 310)

Before obtaining a permit pursuant to the provisions of this chapter, the applicant shall post the amount of One Thousand and no/100ths ($1,000.00) Dollars in cash or certified check, payable to the order of the City, to insure payment to the City of any damages to City property occasioned by the operation of such applicant, to insure the cleaning of the lots used by the applicant and the immediately surrounding streets of such litter and debris as may result from the operation of the place of amusement and to return the lots to their original condition, and to insure the removal, within forty-eight (48) hours after leaving the City, of any signs, placards, or advertising matter placed upon any property within the City by the applicant or other persons authorized by the applicant. The applicant shall be advised of any claims contemplated against such security deposit and shall have the right to appeal the validity of such claims to the Council.

(§ 7, Ord. 310)

The Director of Finance shall refuse to grant any permit pursuant to the provisions of this chapter if it appears to him that the persons owning or operating the business are not of good moral character or that the nature of the entertainment offered is detrimental to the public health, safety, or welfare.

(§ 8, Ord. 310)

If a permit is granted pursuant to the provisions of this chapter, a license fee shall be charged in the amount of Ten and no/100ths ($10.00) Dollars per day per concession, ride, and event, or One Hundred and no/100ths ($100.00) Dollars per day, whichever is greater, which fee shall be payable upon delivery of the permit.

(§ 9, Ord. 310)

In addition to the regulations set forth in other applicable laws of the City, the County, and the State, the following regulations shall apply to operations permitted by the provisions of this chapter:

(a) Animals. Animals shall not be kept or maintained within fifty (50′) feet of any residential property line.

(b) Hours of operation. No circus, carnival, or other place of amusement shall operate after 11:00 p.m. or before 8:00 a.m.; provided, however, no performance or operation shall begin prior to 1:00 p.m. on Sundays.

(c) Games of chance or skill. No such place of amusement shall operate, maintain, or permit to be maintained any gambling or games of chance such as those using, although not limited to, wheels, dice, bingo, keno, bridge, tango, grab bags, and similar devices and games. No games of skill shall be so controlled, fixed, or operated so as to permit the operator to make the game impossible, or so nearly so, that it does not become a fair game. The use or employing of "cappers", "shills", or any other persons posing as partners shall be prohibited.

(§ 10, Ord. 310)

Prior to admitting the general public upon its premises, each organization which is required to obtain a permit pursuant to the provisions of this chapter shall cause its premises and facilities to be inspected by the Division of Industrial Safety of the State and shall deliver a certificate of such inspection to the Director of Finance. In the event of a mechanical breakdown of equipment, the use of which would directly affect the safety of the general public, such equipment shall not be placed back into operation without obtaining a reinspection by the said Division of Industrial Safety, and a certificate of such reinspection shall be delivered to the Director of Finance.

(§ 10.5, Ord. 310, as added by § 1, Ord. 383)