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1972-035ORDINANCE NO. 0 AN ORDINANCE GOVERNING THE LICENSING AND REGULAT11W OF AMUSEMENT ACTIVITIES. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS. SECTION 1. DEFINITION: An amusement activity within the terms of this section includes carnivals,-circuses, fairs, trade shows, trade amusements, boxing and wrestling exhibitions, traveling shows and any other similar or related type of activity. SECTION 2. PERMIT REQUIRED: No person shall conduct an amusement activity within the Village without first having obtained a permit to do so from the Village. No permit shall be granted to any person under the age of 21. SECTION 3. APPLICATION FOR PERMIT: Any person desiring a permit shall apply through the Village Clerk,s office at least 30 days prior to the first day of operation at the proposed activity The application shall be on a form furnished by the Clerk and shall set forth: (a) The name and address of the applicant. (b) The name, address and status of the proposed permittee (c) The nature of the amusement activity for which the permit is sought. (d) If the proposed permittee is a corporation, the name and address of the registered agent and office of the corporation, and the state of incorporation. (e) The names and addresses of the person or persons to be in immediate charge of the place of amusement at all times during its operation. 10� 6 TO: DAN LARSON RE: Carnival Fees DATE: January 27,1976 There is a paucity of material on carnival regulations particularly as it relates to the collection of fees. It is definitely not a burning issue of the times. Two sources which I did locate gave a pretty clear idea of how a fee schedule might work. One method would be to charge a minimum fee to cover expenses incurred by the Village because of the carnival. This would insure that we would not lose money because of our obligation under law to inspect them, police them, etc. The drawback to this method is that some carnivals, because of their duration or their size, are going to cost us more money. If we set the minimum too high, we punish smaller carnivals. If we set it too low, the Village', in effect, takes the loss. The solution to this problem is to charge both for duration and size of a carnival. In addition to the minimum fee, there should also be a daily charge, plus a fee per ride Therefore, a carnival which has 30 rides and lasts five days is charged more than a carnival with ten rides which lasts two days. These fees should be adjusted so that they reflect the cost of the carnival to the Village. Inspection time, police time, general administrative costs should all be caculated. Such a fee table might look like this. Minimum Fee $ (Amusement License) Operating Per Day $ (Carnival Fee) Operating Charge $ (Mechanical Inspection Fee) Per Ride In addition, another source mentioned that an ordinance allowing a mayor to decide whether or not a carnival was in the best interest of the city is legal, The power invoked was the granting or refusal of a permit. William L. W ited Administrative Assistant WLW /ma I Form N -R73V The Drawing Board, Inc., Box 505, Dallas, Texas �- �--�`_ --- --- S I G N E D DETACH AND FILE FOR FOLLOW-UP 7 � � r h'- � S h (f) The names of any sponsoring organization and the names and addresses of the principal officers of such organization. (g) The date or dates of proposed showing or pperation, and the location at which it is proposed to conduct the place of amusement. (h) The names of the last three cities or other places in which the amusement activity has been shown, operated or conducted immediately prior to the filing of the application. (i) The time and route of any parades proposed by the applicant within the Village. (j) A statement that the proposed permittee will directly control and supervise each activity proposed to be authorized under the permit sought, and will be responsiblw for the conduct, operation and management thereof. (k) Name and address of a person who can be readily contacted in regard to the operation of the amusement activity, and who is able to contact the proposed permittee at all times. (1) A statement that the permittee has standard public liability insurance policies with an insurance company or companies satisfactory to the village in the amount of not less than $100,000/$1,000,000.00 Bodily Injury and $25,000.00 Property Damage. The Village shall be named as one of the insured and evidence of same -2- 0 shall be furnished the Village prior to issuance of permit. (m) A statement certifying on penalty of perjury the correctness of the information given on the appli- cation and agreeing on behalf of the proposed permittee that there shall be full compliance of the permittee with all state and Village laws in the conduct of the activities for which a permit may be granted. (n) A statement that the applicant, as a condition of receiving a permit, agrees to indemnify and save harmless the Village from any liabilities arising out of its issuance. SECTION 4. PERMIT FEES: The application shall be accompanied by a non - returnable fee in the sum of $15.00. Prior to issue of the permit the appli- cant shall pay an additional fee for each day of operation or por- tion thereof allowed by such permit as follows: (a) For activities of 6 units or less, $10.00 per day. (b) For activities of 7 units or more, $25.00 per day. (c) For boxing and wrestling exhibitions, $25.00 per day. 'Each booth, stand, game, display concession, ride or other activity shall be considered a unit. Notwithstanding anything to the contrary herein contained, no permit shall be valid for a period of more than four (4) days. The President and Board of Trustees shall have the right to waive permit fees when the applicant is a religious, charitable, or other non- profit corporation, firm or group of individuals. -3- ' • SECTION 5. PROCESSING OF APPLICATION: • An application for a permit hereunder shall be processed as follows: (a) The Village Clerk shall send copies of the application to the following Village Departments: Police, Fire, Health and Building. (b) The Police Dapartment shall investigate the business and moral reputation of the permittee and of compliance by such person with state laws and local ordinances at other places listed on the application where the applicant or permittee has carried on amusement activities. (c) Each department shall report to the Village Clerk within 15 days after the filing of the application any discrepancies which appear in the application or any failure of a proposed operation to comply with applicable state or Village laws, and shall mention any proplems which the proposed activity may reasonably be expected to pose for the people or government of the Village. Said report shall further make recommendation for protecting the public peace, health, safety and welfare in the event a permit be issued. (d) The Village Clerk shall submit the reports of the various departments to the Village Manager :..who shall consider the same as soon as practicable. The Village Clerk by and with the consent of the Village Manager shall issue a permit, provided no permit shall be issued unless the conduct of maintenance of such amusement activity at -4- • • (d) the proposed location will not, in the judgement of the Village Clerk and Village Manager, endanger public peace, health, safety or welfare. In granting any permits, the Village Clerk may impose such additional conditions or requirements as he deems necessary to protect public peace, health, safety and welfare. (e) If the application is approved, the applicant shall file bonds and insurance policies or certificates thereof, as required by this ordinance and shall pay the appropriate license fee of the Village, paor to the issuance of any permit. (f) If the application is approved by the Village Departments required to report thereon and upon compliance with the requirements of par. (e), the VillagerClerk, with the advice and consent of the Village Manager, may waive the 30 day filing requirement and issue the permit. (g) If the application for a permit is denied the applicant may appeal to the President and Board who shall review the proceedings at their next regular meeting. Said Corporate Authorities may affirm the action of the clerk and Manager or overrule same and order issuance of a permit forthwith. SECTION 6. BOND OF SURETY REQUIRED. The permittee shall, in addition to payment of the permit fees established by the Village, deposit with the Village not later than ten days prior to the first day of conducting any amusement activity and shall maintain for a period of two days after the termination of activities under such permit as may be issued by the -5- • y SECTION 6. BOND OF SURETY REQUIRED cont.: the Village, a cash bond in the sum of $1,000.00 or in lieu thereof shall post and maintain in full force and effect during said period a surety bond in the amount of $1,000.00. Such bond shall be issued by a surety company, approved by the Village Attorney, and shall be in a form approved by the Village Attorney. Such bond shall, by its terms: (a) Insure payment to the Village for any damage to Village property occasioned by the operation of such amusement activity or parade, includingodamages occasioned by the entrance into or exit from the Village of the permittee or of the equipment, facilities, or personnel of such amusement activity as shall be permitted by the permit. (b) Insure the cleaning of the premises used for such amusement activity and of the immediate surrounding properties and streets of such litter and debris as may result from the operation thereof. (c) Insure payment of any fines levied against the permittee for violation of this on any other section or state law while conducting amusement activities in the Village. (d) Such bonds may be waived or reduced in amount or sooner cancelled or returned by the Village Board when, in their reasonable judgement, the conditions of or reason for requiring such bonds have been satisfactorily met. The permittee shall be promptly notified of any claims made or contemplated against such bond or surety, and shall have the right to appeal from any -Tsuch claim, or the amount thereof, to the Village. Board. The decision of /the Village S-M SECTION 6. BOND OF SURETY REQUIRED cont.: (d) Board shall be final. • (e) Nothing contained in this section shall be construed to mean that the applicant is absolved from liability for sums in excess of the afore said $1000.00. SECTION 7. DISTANCE REQUIREMENTS: No amusement activity covered hereby shall be located in a zone within 150 feet of any occupied dwelling. Carnivals, fairs and other activities sponsored by schools, churches, and other nom- profit, educational, el6emosynary, charitable or political organizations or the like, and activities of 6 units or less may be exempted from this requirement. SECTION 8. HOURS OF OPERATION: No amusement activity shall operate except during the following hours: (a) On week days between the hours as follows: School days, 4:00 P. M. and 11:00 P. M. Non - school days, 1 :00 P.M. and 11:30 P.M. (b) On Saturday between 9 :00 A.M. and 11 :30 P.M. (c) On Sunday and holidays, between 1 :00 P.M. and 11:00 P.M. SECTION 9. GAMES OF SKILL: (a) No permittee shall operate, maintain or permit to be maintained on any premises being occupied for any amusement activity for which a permit has been granted hereunder any gambling or any game of chance prohibited by state law or local ordinance. No game of skill or science shall be controlled, fixed or operated so as to substantially deceive the public as to the possibility of succeeding at such game or of winning any prize offered in connection therewith. -7- SECTION 9. GAMES OF SKILL:cont. • The use of, or employing of, or permitting of capper, shills or of persons posing as players in connection with any amusement activity is prohibited. (b) The rules of any game of skill or science, the prizes offered, the requirements for winning each prize or group of prizes, and the cost of participating in such games shall be clearly indicated and prominently displayed at the location where such games are played. SECTION 10; LIGHTING OF AMUSEMENT AREA: The area around and between tents, facilities and equipment of any amusement activity shall be well lighted at all times during the operation of such amusement activity or any part thereof. The Building Department may require permittee to :)provide an emergency lighting system to provide adequate lighting for orderly evacuation in event of disaster or emergency. The operation of any amusement activity at any time when such requirements are not being full met is prohibited. SECTION 11.1 HEALTH AND SANITATION: The amusement activity and each portion thereof, shall conform to Health and Sanitation requirements of the State Statutes and the Village Ordinances.. No living quarters shall be constructed or maintained on any part of the premises except that where necessary. A watchman shall be permitted to remain on the premises during the permit period. SECTION 12. BUILDING AND FIRE CODES: The permittee shall comply with the Building and Fire Codes and Ordinances of the Village and State <' Statutes and shall be responsible for compliance with said statutes, codes, and Ordinances by every activity carried on pursuant to the permit. Upon request, the permittee shall furnish proof to the Village that all equipment, rides, tents and structures utilized in connection with the amusement Naw • SECTION 12: BUILDING AND FIRE CODES: Cont. activity have been inspected and are in compliance with applicable state and Village laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel. SECTION 13. ALCOHOLIC BEVERAGES PROHIBITED: No permittee or other person shall sell or maintain for sale or give away on the premises occupied for any amusement activity any form of alcoholic beverage, nor shall any permittee give away permit sale, maintenance for sale or consumption of alcoholic beverages on any premises while any amusement activity regulated by this section is being operated or conducted thereon, unless specifically authorised to do so by the terms of a Village permit. SECTION 14. SUSPENSION OR REVOCATION OF PERMIT: Any permit granted hereunder may be revoked by the President, any Trustee, or member of the Police, fire, health or building depart- meats, at any time it appears that the proposed or actual operation of the amusement activity will be or is such as to constitute a public nuisance or to endanger public peace, health, safety or welfare. Any permit granted hereunder may be suspended in whole or in part at any time that the amusement activity is conducted contrary to the permit or to any state or Village law, or when any such amusement activity or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace, or to be injurious to the public peace, health safety or welfare. Suspension shall become effective immediately upon delivery of written notice to the person in immediate charge of the amusement activity or portion thereof affected by such suspension, or if no such person be found upon the premises, immediately upon the posting of such notice in 3 prominent places near the entrances to the premises occupied or the portion thereof. - 9 - SECTION 14. • SUSPENSION OR REVOCATION OF PERMIT: cont. Such posting shall be carried out in all cases and shall give notice of such suspension. Any person invoking such suspension shall immediately notify the Village President thereof. The Village President may, for the good cause, cancel any suspension, but in all cases he shall promptly take such steps as are necessary to inform related Village Officials of the action taken, and of the reason or reasons thereof. Upon delivery or posting of such notice of suspension in the manner specified, it shall be a violation for any person to operate, engage, or participate in, except as a patron, any such amusement activity as may be ordered suspended by such notice of suspension. SECTION 15. PENALTIES: Any person violating this ordinance shall be subject to a penalty not less than $10.00 nor more than $500.00. Each day that an amusement activity shall be conducted in violation of this ordinance shall be a separate violation. SECTION 16. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. AYES: NAYES : / ABSENT: (� PASS ED�E =1��� ,1972 ATTEST- PUBLISHED: -10-