5.35.100 Carnivals and circuses.
(1) License Required. It shall be unlawful for a carnival or circus, as defined in subsection (2) of this section, to engage in business within the City of Pasco without first having obtained a business license.
(2) Definitions. The following terms and definitions shall be used in the administration of this chapter:
“Carnival” shall mean a business activity featuring an assemblage of mechanical rides for the enjoyment, amusement, entertainment, merriment or pastime of the patrons thereof, and usually but not necessarily offers patrons in addition to the rides food and beverage services, as well as games involving throwing, pitching or shooting skills.
“Circus” shall mean any institution whose general occupation is that of exhibiting wild animals, feats of horsemanship, animal stunts and acrobatic or aquatic sports, to which a fee is charged for admission.
(3) Application. Any person, firm, or corporation desiring to secure a license to operate a carnival or circus shall make application to the City on forms provided by the City. Such application shall provide:
(a) The name or names and address of the applicant;
(b) The location of the proposed carnival or circus;
(c) Nature of the business activity;
(d) Each license application for a carnival or circus shall be accompanied with the following information to establish compliance with applicable codes:
(i) The number of food vending conveyances, if any, to be utilized in conjunction with the proposed business activity;
(ii) Proof of insurance as required by subsection (8) of this section;
(iii) Proof of a valid electrical permit from the Department of Labor and Industries;
(iv) A statement explaining the method of trash and litter disposal being proposed;
(v) A notarized written authorization from the owners of the property so noted on the application;
(vi) A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per inch, which drawing shall depict the following information:
(A) The portion of the property to be occupied by the business;
(B) The portion of the property to be used for automobile parking and the number of automobiles accommodated in said area;
(C) The location of driveways providing ingress and egress to the property;
(D) The location of existing buildings and structures located on the property noting the use of each building or structure so identified.
(4) Investigation and Determination. Upon receipt of such application, the City Clerk shall cause such investigation of such person’s or persons’ business responsibility to be made as is deemed necessary for protection of the public good and shall refer the application to the Community Development and Fire Departments for determination as to compliance with applicable codes. Criminal history checks shall be performed in accordance with PMC 5.65.050. An application shall be denied by the City Clerk upon written findings that the applicant’s business responsibility is unsatisfactory or that the proposed business activity will violate any applicable law, rule or regulation. Otherwise, upon submittal of the required application and information and following collection of fees and receipt of approvals from applicable City departments, the Health District (if applicable) and the Department of Labor and Industries, the City Clerk shall issue the license.
(5) Appeals. Any person aggrieved by the denial of an application for a license or by the revocation of a license as provided for in this chapter shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk within 14 calendar days after the notice of decision has been mailed, by certified mail, to the applicant’s or licensee’s last known address, a written statement setting forth the grounds for the appeal. The Council shall set the time and place for hearing on such appeal, and notice of such hearing shall be given by certified mail or personal service to the appellant at least five calendar days prior to the date fixed for such hearing.
(6) Standards. All carnivals and circuses licensed under this chapter shall conform to the following standards:
(a) No carnival or circus shall be licensed for a location in a residential zoning district or office district, as defined in PMC Title 25, excepting Edgar Brown Stadium;
(b) No carnival or circus shall be located within 500 feet of a residential zoning district as defined in PMC Title 25;
(c) No carnival or circus activity shall locate or operate in such a manner as to interfere with traffic circulation, emergency services or other normal City operations;
(d) No carnival or circus shall be located within 50 feet of flammable combustible liquid or gas storage and dispensing structures;
(e) Provisions must be made for the control of dust and litter;
(f) Provisions for off-street parking on the site and a reasonable and safe means of ingress/egress must be shown;
(g) All amusement rides shall be set back from all public rights-of-way and electrical distribution lines a distance equal to the height of the amusement ride;
(h) All signs and equipment must be removed and the premises shall be free of all trash, litter and debris within three days after the termination of the use.
(7) License Fee. Every circus and carnival shall pay a license fee as set forth in Chapter 3.35 PMC for the first day and an additional fee for each and every day after the first day of operation. All food booths require a separate food handler’s license and per Chapter 5.50 PMC. Each licensee shall pay the regular admission tax on all admission tickets or admissions for which a charge is made. The license fee is paid in advance for each day said carnival or circus proposes to operate within the City, except that a no fee license to qualifying nonprofit organizations may be issued under PMC 5.05.170.
(8) Insurance. Before any license shall be granted, the applicant must present certificates of insurance with original endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies at any time. The applicant shall maintain broad form commercial general liability coverage (occurrence type trigger) with bodily injury and property damage liability minimum limits of $1,000,000 per occurrence.
(9) Penalty. It is unlawful for any person to violate any terms of this chapter. Every person found in violation of any terms of this chapter shall be punished by fine of not more than $300.00. [Ord. 4372 § 32, 2017; Ord. 4022, 2011; Ord. 3560 § 15, 2002; Ord. 3190 § 6, 1996; Ord. 2850 § 1, 1991; Code 1970 § 5.25.055.]