Wasco Municipal Code Ch. 5.48 Shows, Carnivals, Circus and Exhibitions

Sections: 5.48.010 Definitions. 5.48.020 Permit--Prerequisites. 5.48.030 Permit--Required--Compliance with provisions. 5.48.040 Permit--Application--Investigation--Determination. 5.48.050 Business license. 5.48.060 Permit--Nontransferable. 5.48.070 Permit--Expiration--Renewal. 5.48.080 Permit--Revocation. 5.48.090 Appeal. 5.48.100 Clean-up deposit--Required. 5.48.110 Premises to be vacated in clean and sanitary condition. 5.48.120 Clean-up deposit--Forfeiture. 5.48.130 Refuse containers and refuse collection fees--Required. 5.48.140 Water meters and payment for water usage--Required. 5.48.150 Security--Required.

As used in this chapter, the following definitions shall apply:

"Shows, carnivals, circus and exhibitions" means any carnival, traveling show, circus, collection of shows, and/or attractions, and/or exhibitions, and/or amusements, and/or rides of any manner or form, animal or mechanical. (Ord. 473 §1, 2002).

A. No permit shall be issued to any person, firm or corporation unless that person, firm or corporation is sponsored and hosted by a local nonprofit association or corporation organized primarily for veteran, patriotic, religious, welfare, charitable, civic betterment or youth activities.

B. Each such nonprofit association or corporation must have a principal meeting place in the corporate limits of the city, must maintain a bona fide membership of at least ten members, and must have been organized and established in the city’s corporate limits for a minimum of six months continuously preceding the filing of the application for the permit. (Ord. 473 §1, 2002).

No show, carnival, circus or exhibition shall be operated, conducted or maintained except in compliance with, and as provided in, this chapter and code, and only after having first obtained a permit.

Applicants for permits under this chapter shall file with the planning director or his designee a written application signed by the applicant, or an authorized agent or officers thereof, a minimum of thirty days prior to the date of the show, carnival, circus or exhibition, which application shall include the following:

A. The name or names of the local nonprofit association or corporation sponsoring the proposed show, carnival or circus.

B. The name or names of the person or persons having the management or supervision of applicant’s business during the time that it is proposed that it will be carried on in the city; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated.

C. The place or places in the city where it is proposed to carry on applicant’s business, including a plot plan or plot plans thereof drawn to scale, showing the location of utilities, parking areas, location of permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available source of potable water, sanitary facilities, and fire hydrant(s); the length of time during which it is proposed that the business shall be conducted; and written authorization from the owner of the location or person in lawful possession thereof if other than the applicant, for the filing of the application;

D. The place or places, other than the permanent place of business of the applicant, where applicant within the six months next preceding the date of the application conducted a show, carnival, circus or exhibition, giving the post office and street address where such business was conducted;

E. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers and, if required by the planning director or his designee, copies of all such advertising, whether by handbills, circulars, newspaper advertising or otherwise, shall be attached to the application as exhibits thereto;

F. A permit application fee in the amount of forty dollars, which amount reasonably represents the costs incurred by the city in processing an application for such permit and acting thereon. (Ord. 473 §1, 2002).

Upon receipt of such application, the planning director or his designee shall cause such investigation as to completeness of the application and the appropriateness of the place or places in the city where it is proposed to conduct applicant’s business to be made as he deems necessary for the protection of the public good. If, as a result of such investigation, the application is found to be incomplete or the place or places in the city where it is proposed to conduct applicant’s business are found to be inappropriate, the application shall be denied. If, as a result of the investigation the application is found to be complete and the place or places in the city where it is proposed to conduct applicant’s business are found to be appropriate, a permit shall be issued by the planning director or his designee. The planning director or his designee shall keep a full record in his office of all permits issued. Such permit shall contain the number of the permit, the date the same is issued, the nature of the business authorized to be carried on, the expiration date of the permit, the place where the business may be carried on under the permit and the name or names of the person or persons authorized to carry on the same.

For the purposes of this chapter, a proposed business location is appropriate if, but only if, such location satisfies the following requirements:

A. Conduct of such business at the proposed location(s) is a permitted use under the zoning regulations applicable to the location(s);

B. Operation of such business at such location does not present any substantial hazard to vehicular or pedestrian traffic. (Ord. 473 §1, 2002).

Upon issuance of a permit for a show, carnival, circus or exhibition, the permittee shall provide a copy thereof to the city finance department and shall apply for issuance of a business license for the business. (Ord. 473 §1, 2002).

No permit shall be transferred to another site (including addition of another site to an application previously approved) or another person without written consent from the planning director or his designee as evidence by an endorsement on the face of the permit by the planning director or his designee showing the site to which and/or to whom the permit is transferred and the date of the transfer. The planning director or his designee may require compliance with any or all provisions of Section 5.48.040 as a precondition to consent to any transfer. (Ord. 473 §1, 2002).

All permits issued under the provisions of this chapter shall expire ninety days after date of issuance or renewal thereof unless a prior date is fixed therein.

A. The permit issued pursuant to this chapter may be revoked by the city of Wasco planning director or his designee, after notice and hearing, for any of the following causes:

1. Any fraud, misrepresentation or false statement contained in the application for permit;

2. Any fraud, misrepresentation or false statement made connection with the selling of goods, wares or
merchandise;

3. Any violation of this chapter;

4. Conviction of the permittee of any felony or of a misdemeanor involving any fraud, deceit or theft; or

5. Conducting the business permitted under this chapter in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the
public.

B. Notice of hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such noticed shall be mailed, postage, prepaid, to the permittee, at his last known address, at least ten days prior to the date set for the hearing. (Ord. 473 §1, 2002).

Any person aggrieved by the decision of the planning director or his designee in regard to the denial of application for a permit or in connection with the revocation of a permit as provided for in Section 5.24.090 shall have the right to appeal to the city of Wasco city council. Such appeal shall be taken by filing with the city clerk, within ten days after notice of the decision by the planning director or his designee has been mailed to such person’s last known address, a written statement setting forth the grounds for the appeal. The city clerk shall set the time and place for a hearing on such appeal, and notice of such hearing shall be given to such person in the same manner as provided in Section 5.24.090 for notice of hearing on revocation. The order of this council on such appeal shall be final. (Ord. 473 §1, 2002).

Prior to the issuance of a business license to any show, carnival, circus or exhibition, the applicant for said license shall deposit with the finance director a cash clean-up deposit in the sum of one hundred dollars. (Ord. 473 §1, 2002).

It shall be the duty of every licensee of any show, carnival, circus, or exhibition specified in Section 5.48.010, at the termination and removal of his show, carnival, circus, or exhibition specified in Section 5.48.010, to leave or vacate the premises in a clean and sanitary condition, to the satisfaction of the superintendent of streets. (Ord. 473 §1, 2002).

Any licensee specified in Section 5.48.010 shall forfeit the clean-up deposit if the premises are not put in a clean and sanitary condition, to the satisfaction of the superintendent of streets, within twenty-four hours after removal of the attractions therefrom. (Ord. 473 §1, 2002).

It shall be the duty of every licensee of any carnival, circus, or other attraction specified in Section 5.48.010 to obtain and place city issued refuse containers in the number(s) and location as required by the city of Wasco public works director. The applicant shall pay all applicable refuse collection fees as required by the city of Wasco public works department. (Ord. 473 §1, 2002).

It shall be the duty of every licensee of any carnival, circus, or other attraction specified in Section 5.48.010 to obtain and install a water meter from the city of Wasco water department. The applicant shall pay all deposit and water usage fees as required by the city of Wasco water department. (Ord. 473 §1, 2002).

It shall be the duty of every licensee of any show, carnival, circus, or exhibition specified in Section 5.48.010 to provide licensed security in accordance with all requirements of city of Wasco police services during the hours of operation of said carnival, circus or other attraction. (Ord. 473 §1, 2002).