Chapter 5.32 — CARNIVALS AND CONCESSIONS

For purposes of this chapter, the following words shall have the following meanings:

"Carnival" shall mean a business enterprise consisting of amusements which include, but are not limited to, merry-go-rounds, Ferris wheels, or other similar mechanical apparatus or rides; menageries; trained animal acts, circuses, animal rides, petting zoos or similar animal exhibitions; acrobatic shows or other physical feats or demonstrations; sideshows, games or tests of strength, skill or other capacity; and public eating places for which a fee or payment may be charged for entry into the location, viewing of any such entertainment or amusement, participation in any of its activities, or purchase of food, drink or merchandise.

"Concession" shall mean each ride, show, store, booth, game, eating place or other public attraction which is part of a carnival, as defined in this section. (Prior code 6346(a); Ord. 90-269 § 1, 1990)

1. Scope of License. A license to operate a carnival entitles the licensee to operate and manage the entire carnival. It may also authorize the licensee to operate carnival concessions, provided that the concession(s) are specified in the application for such a license, that the proceeds from the concession(s) are to be disbursed, "split" or otherwise apportioned by or through the licensee to whomever runs the concession(s). Otherwise, a separate license is required for each concession to be operated at any carnival, and every applicant therefor must comply with the provisions of the application requirements of this section to the extent applicable to any such concession.

2. Application Information.

   • (a) In addition to the information prescribed by the Director, every person applying for a business license to operate, conduct or manage a carnival or concession shall file an application with the Director which shall contain the following information:

     • (1) If a corporation, the applicant shall provide a copy of its articles of incorporation;

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

     • (3) A list of the names of all agents and employees involved in the operation and management of the carnival in the event that the license is for a carnival, and a similar list of agents and employees involved in the conduct of the concession if the license is for a concession;

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

     • (5) Copies of all contracts, agreements or other written memorandum between the

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City of West Hollywood, CA § 5.32.020

WEST HOLLYWOOD CODE

§ 5.32.020

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

  - (6) 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 carnival or concession; 

  - (7) Copies of all policies and binders of liability insurance, including, but not limited to, vehicle, public, product and professional, and worker's compensation insurance held by the applicant; 

  - (8) Copies of the applicant's rules and regulations governing the operation of the carnival or concession; 

  - (9) Proposed date, time and location for on-site inspection prior to the commencement of the carnival or concession; 

  - (10) A statement that the applicant agrees to operate the carnival or concession in strict accordance with the provisions of this chapter and all other applicable laws, and assumes full responsibility for the lawful and safe operation of the carnival or concession; and

• (11) Where the applicant for a carnival or concession license is not the sponsor of the carnival or concession, state 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 carnival or concession.

  • (b) The application shall be filed at least sixty days prior to the commencement of any carnival.

3. Sponsors. Every person, association or other organization sponsoring a carnival or concession for a charitable purpose shall comply with the provisions of this code regarding charitable solicitors in addition to the requirements herein prior to the commencement of such carnival or concession.

4. Current Supplementary Information Required. The applicant or licensee shall be required to keep the information required on the application for a carnival or concession License current by supplementing or modifying the information to maintain its accuracy. Supplementary information shall include, but is not limited to: future date(s), location(s) and hours of operation of the carnival or concession(s); new or otherwise undisclosed agents and employees involved in the operation of the carnival or concession(s); new or otherwise undisclosed sponsor(s) of the carnival or concession(s); and new or otherwise undisclosed concessions to be presented at the carnival.

5. Additional Conditions. In addition to any conditions which may be imposed pursuant to this title, 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 city or county prior to commencement of the licensed activity. The Director may impose such other conditions as the Director finds necessary for reasons of health, sanitation, noise, clean-up, and the

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.32.020

§ 5.32.040

general welfare of the public. Such conditions shall appear on the license. (Prior code 6346(b); Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)

1. Responsibilities of Licensee. The carnival licensee shall be responsible for the manner in which all rides, exhibits, shows, games and other concessions assumed under the carnival license are conducted, regardless of whether the licensee is operating independently or in conjunction with, or as an agent for, any civil, church or charitable organization. A carnival concession licensee is similarly responsible for the conduct of the concession(s) for which he or she is licensed.

2. Posting of Regulation. All rules pertaining to the operation of any ride, game or other concession must be posted conspicuously at the location of the ride, game, or other concession. The fee for viewing, participating or otherwise engaging in any ride, game or other concession must also be conspicuously posted.

3. Concessions – Operation Requirements.

   • (a) All players or participants in any game or other concession must be given an equal opportunity to play or participate. Prior to permitting any person to play or participate in any game or other concession, the concession operator shall collect the posted fee and return the proper change to the player or participant. The concession operator shall not collect for more than a single game from any player or participant at one time. The use or employment of "sticks," "shills," or any person posing as a patron, when not really a patron, is prohibited. The employment or utilization of minors under the age of sixteen years of age in the operation of any rides, games or other concessions is prohibited. Games or other concessions utilizing foul lines wherein any person or persons involved in the operation of the game or concession are the sole determiners as to whether or not a player has fouled, are prohibited.

   • (b) No concessions other than those submitted to and approved by the Director shall be played, conducted, permitted or allowed at the carnival location.

   • (c) Any packaged merchandise disbursed as a prize shall be plainly marked and its contents described conspicuously. Only items of merchandise that can actually be won by any player may be displayed in conjunction with any game or other concession. No other merchandise or prize shall be displayed. Special games or other concessions wherein a player is charged a larger fee than other players are charged in order to win or compete for any special or larger prize are prohibited.

4. Game of Chance Prohibited. Games of skill are permitted under a carnival, or concession license. Games of chance are prohibited.

(Prior code 6346(c); Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)

Every applicant for a carnival license shall obtain and maintain in full force and effect public liability insurance in conformance with subsection (c) of Section 5.08.120. (Prior code § 6346(d); Ord. 90-269 § 1, 1990)

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City of West Hollywood, CA § 5.36.010

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.36.020