Yuba County Municipal Code Ch. 6.10 Amusement Businesses

It shall be unlawful for any person whether owner, principal, agent, servant or employee to operate, conduct, manage, or maintain any carnival, circus, medicine show, side show, or tent show in the County, outside of the incorporated municipalities without first obtaining a license therefor. Said license must be procured before the commencements of any of the above enumerated businesses.

(Prior Code, § 6.10.010; Ord. No. 533)

The County Tax Collector shall collect from the applicant a filing fee which shall be nonrefundable and a license fee. Such fees shall be as established in Section 13.00.060.

(Prior Code, § 6.10.020; Ord. No. 533)

Any person desiring to conduct an outdoor festival shall file a written application with the County Tax Collector which shall contain the following facts and information:

(1) The name, age, residence, and mailing address of the person making said application. If the application is made by a partnership, the names and addresses of the partners must appear. Where the applicant is a corporation, the applicant must be signed by the president, vice-president, and secretary thereof and must contain the addresses of said corporate officers. A certified copy of the Articles of Incorporation shall be submitted with the application. The address and telephone number of the principal place of business of the applicant shall also be included in the application.

(2) A statement of the kind, character of and type of the business enumerated in Section 6.10.010 which the applicant proposes to conduct or carry on.

(3) The owner, exact location, legal description, area, and shape of the premises on which it is planned to exercise the license.

(4) The owner, exact location, legal description, area, and shape of all lands to be used for parking or other uses incidental to the exercise of the license.

(5) The date or dates during which the businesses enumerated in Section 6.10.010 are to be conducted.

(Prior Code, § 6.10.030; Ord. No. 533)

Forms for applications and licenses required under this Chapter shall be prepared and kept on file by the Tax Collector.

(Prior Code, § 6.10.040; Ord. No. 533)

An application for a license for a carnival, circus, medicine show, or side show shall be filed not less than 60 days prior to the beginning of such event or not less than five days after the effective date of this Chapter, whichever is later.

(Prior Code, § 6.10.050; Ord. No. 533)

• License; application; agreement of indemnification and insurance or undertaking; required.

An application for a license shall be accompanied by an agreement signed by the applicant and by the owner of the premises upon which the license is to be exercised that they will reimburse all owners and occupants of property adjoining the said premises for all damages of any kind to such owners or occupants or to their property caused by the applicant, owner of the said premises, or by any person attending the event which damage would not have occurred had the event not been held, accompanied by an undertaking or policy of insurance in and determined by the Risk Manager.

(Prior Code, § 6.10.060; Ord. No. 533)

The undertaking required by Section 6.10.060 shall be for the benefit of the County and all persons to whom the license or owner may become liable because of the agreement required by Section 6.10.060 or arising from the conduct of the licensee under the license.

(Prior Code, § 6.10.070; Ord. No. 533)

The insurance policy required by Section 6.10.060 shall insure the licensee and owner of the said property against all liability incurred by them or either of them to the County or to any person which liability arises pursuant to the agreement required by the said Section 6.10.060 or arising from the conduct of the licensee under the license, as determined by the County Risk Manager. The police shall provide that the County is an additional named insured.

(Prior Code, § 6.10.080; Ord. No. 533)

Upon receipt of the application and the accompanying documents, the Tax Collector shall file the original application and distribute one copy thereof to the Sheriff and the County Health Officer. These County department heads shall thereupon cause an investigation to be made of the application and shall make a report thereon, favorable or unfavorable within ten days after receipt of the copy of the application.

(Prior Code, § 6.10.090; Ord. No. 533)

Within 30 days from the filing of an application and providing that the Health Officer and the Sheriff have recommended that such license be granted, the Tax Collector shall, upon receipt of the required license fee, issue such license. The license shall specify the name and address of the licensee, the type of event licensed, and the number of days of operation authorized.

(Prior Code, § 6.10.100; Ord. No. 533)

It shall be the duty of any person conducting a licensed event to keep such license posted in a prominent place on the premises used for the exercise of the license.

(Prior Code, § 6.10.110; Ord. No. 533)

The license for the event shall state the dates during which the licensed event may be conducted.

(Prior Code, § 6.10.120; Ord. No. 533)

The Licensee shall operate the licensed event only on those days specified on the license.

(Prior Code, § 6.10.130; Ord. No. 533)

The Licensee shall not exercise the license as to amount to a nuisance in fact.

(Prior Code, § 6.10.140; Ord. No. 533)

The Tax Collector may deny issuance of the license if he finds that the report of the Sheriff or County Health Officer discloses any of the following:

(1) That the applicant fails to meet the conditions imposed pursuant to this Chapter.

(2) That the proposed event for which the application is filed will in any way substantially jeopardize, adversely affect, endanger, or otherwise constitute a menace to the public health, safety, or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use.

(3) The applicant, his employee, agent, or any other person connected or associated with the applicant as partner, director, officer, stockholder, associate, or manager in the exercise of the licensee:

a. Has been convicted within the last five years in any court of competent jurisdiction of: (i) any crime requiring registration under Penal Code § 290; (ii) any offense involving the use of force or violence upon the person of another or (iii) any offense involving the maintenance of a nuisance in connection with the same or similar business operation.

b. Has allowed or permitted any illegal possession, use, sale, or delivery of narcotics.

(4) The applicant, his employees, agent, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate, or manager, has knowingly made any false, misleading, or fraudulent statement of material fact in the applicant for a license or in any report or record required to be filed with the Tax Collector.

(5) The applicant has had a similar type of license previously revoked for good cause within one year to the application.

(Prior Code, § 6.10.150; Ord. No. 533)

When any application has been denied by reason of an adverse report and recommendation of the Health Officer or Sheriff, the applicant may request a hearing before the Board of Supervisors who shall set a date for such hearing, giving written notice thereof to the Health Officer and the Sheriff and to any other person whom the Board may deem entitled to notice. At said hearing, the Board of Supervisors shall take evidence and determine whether such application should be granted, and the Tax Collector shall issue or deny such application upon the order of the Board of Supervisors.

(Prior Code, § 6.10.160; Ord. No. 533)

(a) Any license issued hereunder may be revoked by the Board of Supervisors either upon its own initiative or upon complaints being made to it by affidavit setting forth the grounds upon which the license is sought to be revoked and the facts constituting the cause for complaint. Prior to an order of revocation, the Board of Supervisors shall conduct a hearing, of which the licensee shall be given at least five days' written notice. Such notice shall be directed to the licensee's address as set forth in the license. When it appears at such hearing from the testimony and evidence adduced there that the exercise of the license has been or in the future is likely to be a menace to the public health, safety or morals or constitute a public nuisance, or when it appears that such license was obtained by misrepresentation of any fact, or that licensee, his employee, agent or any other person connected or associated with the operation of the license:

(1) Has been convicted within the last five years in a court of competent jurisdiction of:

a. Any rime requiring registration under Penal Code § 290, or

b. Any offense involving the use of force or violence upon the person or another, or

c. Any offense involving the maintenance of a nuisance in connection with the same or similar business operation; or

(2) Has allowed or permitted upon the premises any illegal possession, use, sale or delivery of alcoholic beverages or narcotics or any acts of misconduct, or

(3) Has violated any of the provisions of this Chapter.

(b) Such license may be revoked immediately by the Board of Supervisors.

(Prior Code, § 6.10.170; Ord. No. 533)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.