Suisun City Municipal Code Ch. 5.32 Carnivals

It is unlawful to conduct a carnival, circus, fair, amusement rides, or other transient amusement facility (hereinafter collectively referred to as the "activity") within the incorporated limits of Suisun City, unless a permit has been issued to the operators of such an activity by the chief of police of Suisun City. Such permit shall be required prior to the issuance of any business license or other permit required under the laws and regulations of Suisun City.

(Ord. 570 (part), 1989)

Any person desiring such a permit required by this chapter shall make application with the chief of police at least 30 days prior to the proposed date of the activity. The application must include:

A. The applicant's name and address, and applicant's status whether individual partnership or corporation, or otherwise;

B. The name and address of the individual at the site of the activity who is responsible for its operation;

C. The inclusive dates the activity is to be operated in Suisun City;

D. The proposed location of the activity. The applicant shall attach to the application a copy of the agreement with the property owner, or other party having a possessory interest in the property, establishing applicant's permission to use the property for the particular activity;

E. Proof that the proposed activity complies with all zoning and land use requirements of Suisun City;

F. Proof that the activity will be covered by liability insurance from an insurer authorized to do business in the state of not less than one million dollars combined single limit, which provides that the city, its officers, employees and agents are named insureds under the policy, and that the policy stipulates that this insurance will operate as primary insurance, and that no other insurance effected by the city or other named insured will be called on to cover a loss caused by applicant's activities;

G. Such other information as the chief of police may deem necessary, including, but not limited to fingerprint records of every employee of applicant who shall be employed at the site of the activity.

H. The written certification of applicant that:

1. Applicant agrees to operate the activity in a safe manner and assume the defense of, indemnify, and hold harmless the city and its officers, employees and agents from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly, arising from the performance of his operation.

2. The equipment used, procedures practiced, and food sold are in conformance with the local and state laws, including the health, safety and sanitation requirements.

(Ord. 570 (part), 1989)

The application described in Section 5.32.020 of this chapter shall be accompanied by a nonrefundable permit fee as follows:

A. First day, seven hundred fifty dollars; each consecutive day thereafter, five hundred dollars. This fee is in addition to any license which is now or hereafter may be required to be paid.

B. Where carnival-type shows are designed exclusively for young children under the age of ten years, the fee shall be one hundred for the first day, and ten dollars for each consecutive day thereafter.

C. Carnivals and other transient activities which are exempt from business license taxes under Section 5.04.300 of this code, shall be exempted from the payment of a permit fee.

(Ord. 570 (part), 1989)

In addition to the fee described in Section 5.32.030 of this chapter, if the application is approved, the applicant shall submit a cash deposit of one thousand dollars to secure cleaning of premises, removal of advertising materials and repair charges to city-owned property. Said deposit shall be refunded upon satisfactory completion of these tasks.

(Ord. 570 (part), 1989)

If all requirements of this chapter are met, the chief of police shall issue such permit.

(Ord. 570 (part), 1989)

All permittees operating within the regulations of this chapter must display a copy of their permit in a conspicuous place, and insure that, if required by the police department, each employee display an identification card issued by the police department. Failure to display the same to any authorized law enforcement officer may be grounds for suspension or revocation of the permit.

(Ord. 570 (part), 1989)

The chief of police may revoke or suspend this permit at any time, if in his opinion, any part of this chapter is violated, extraordinary events occur requiring the curtailment of such activity, or if any activities of the permittee are found to be harmful to the public health, safety or welfare.

(Ord. 570 (part), 1989)

The hours of operation shall not exceed the hours between nine a.m. to nine p.m. each day. Exceptions may be made to this time limitation in the case of a circus which does not include games of chance.

(Ord. 570 (part), 1989)

It is unlawful to sell, permit the sale of, or offer as prizes any alcoholic beverage.

(Ord. 570 (part), 1989)

The permittee shall ensure that adequate lighting is provided in all areas around and between places readily accessible to the general public.

(Ord. 570 (part), 1989)

A minimum of two regular or reserve city police officers shall be on duty at the facility whenever the activity is open to the public and such additional police officers as may be required by the chief of police. The cost of such services shall be paid by the permittee and shall be deposited in advance with the director of finance of the city, by the operator or owner of such facility.

(Ord. 570 (part), 1989)

The permittee shall establish and maintain fire department approved physical parking barriers designed to confine automobiles and motorcycles to properly designated parking areas. The barriers shall be established not less than 50 feet from any concession or amusement activity on the activity site.

(Ord. 570 (part), 1989)

For this section, "fire chief" means the Suisun City fire chief, or his duly authorized representative.

Prior to a permit being issued, the fire chief shall inspect the premises and ensure that the following conditions are met:

A. All canvas tents and structures of similar flammable material are flame-proofed, as required by the California Administrative Code;

B. All concessions serving food and all internal combustion engines have at least one fire extinguisher located within ten feet of the site of the concession or engine, and such other extinguishers as may be required.

C. All weeds, trash and other flammable materials shall be removed or stored in approved containers;

D. All electrical motors, wiring, generators, extension cords and other electrical fixtures shall be maintained and operated in a safe manner as determined by the building inspector and fire department;

E. At least one emergency access lane 20 feet wide shall be maintained from a public road to the activity site. Access by fire and rescue vehicles to within 100 feet of all concessions and amusement activities must be maintained. Emergency access lanes shall be clearly identified and restricted by physical barriers designed to prevent the entrance of unauthorized vehicles. The permittee shall be responsible for establishing an emergency access lane, and keeping it free from all obstructions, in compliance with this section.

F. If the fire chief deems it necessary, firefighters and fire equipment shall be located at the carnival site. The cost of such services and equipment shall be deposited in advance with the director of finance by the permittee in the same manner as set out in Section 5.32.110 of this chapter.

(Ord. 570 (part), 1989)

The city council may, by resolution, waive the requirements of part or all of this chapter for any charitable or nonprofit organization conducting such activity for charitable fundraising purposes.

(Ord. 570 (part), 1989)