For purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

1. Carnival. The term "Carnival " means and includes an aggregation of attractions, whether shows, acts, games, vending devices or amusement devices, whether conducted under one or more managements or independently, which are temporarily set up or conducted in a public place or upon any private premises accessible to the public, with or without admission fee, in which, from the nature of the aggregation, attracts attendance and causes promiscuous intermingling of persons in the spirit of merrymaking and revelry.

§ 120.02 License Required.

No person, either as an owner, lessee, manager, officer, or agent, or in any other capacity, shall setup, run, operate or conduct any Carnival as defined in this Chapter, without first having obtained a license therefore.

1. An application for the license required by Section 120.02 shall be made in writing to the Chief of Police, setting out the full name of the applicant, if an individual, and if a corporation, the full name and residence of its principal officers, the location and description of the carnival or the place for which a license is desired to operate a carnival, and the price of admission intended to be charged.
2. When the application for a license is for the use or occupancy of a public street or other public grounds, every applicant shall file with his application his bond and the penal sum of $1000 with a surety company licensed to do business in the state of Illinois. Such bonds shall be conditioned that the person to whom such license shall be issued, his heirs, executors, successors, and assigns will save and keep the city free harmless and indemnified from and against any and all loss arising out of image and claims for damages arising out of the use of the public street or public grounds. The bond shall be further conditioned that the person will save and keep the city free harmless and indemnified from and against any and all litigation and for the faithful performance and observance of all of the terms and conditions of this Chapter; provided, that if the place desired to conduct the carnival is not a fit and proper place and is not conducted and maintained in accordance with the provisions of this Chapter governing or controlling carnivals, or if the person making the application for a license is not of good character, the Chief of Police may refuse to approve the application.
3. No license shall be issued by the Chief of Police, except upon the approval of the application by the City Administrator. However, the bond may be waived or changed to a different amount by resolution of the City Council.

§ 120.04 FEES.

A license fee will be imposed upon each license granted, and shall be paid to the City Treasurer upon the granting of such license. The license fee shall be in the amount of $10.00 for each day of operation of the carnival.

§ 120.05 ISSUANCE OF LICENSE.

Upon receipt of the application for a license required by this Chapter, the Chief of Police shall make or cause to be made an examination of the place at which the carnival is proposed to be operated, and if it shall appear that such place is maintained in accordance with the provisions of any applicable building requirements, and is so located as not to prove a nuisance, and has safe means of exit and safe seating facilities, then the Chief of Police shall issue or cause to be issued, upon payment of the license fee required by this Chapter, a license to such applicant, which shall entitle the licensee named therein to operate the carnival named in such license for and during the period of the license, and at the place stated therein.

The license shall contain a provision that police officers shall have free access to the grounds and all booths, shows and concessions at all times.

§ 120.06 INFORMATION REQUIRED OF LICENSEE.

Within 12 hours prior to the commencement of operations of the carnival, the licensee shall provide to the Chief of Police the name, date of birth, and social security number of each employee or subcontractor that the licensee will have on the site for the carnival. This list must be all-inclusive. If there are any changes in the employees or subcontractors on the site, the licensee must notify the Chief of Police within 4 hours of such change, and provide the name, date of birth, and social security number of the added employee or subcontractor.

Every license issued under the provisions of this Chapter shall, at all times during the operation of the carnival, be posted in a conspicuous place at or near the principal entrance of the premises described in the license, so the license may be easily seen and read by any person passing in or out of the carnival.

No person, either as owner, lessee, manager, officer, or agent, or any other capacity shall setup or operate any gambling device, lottery, number or paddle wheel, number board, punch board, or other game of chance, or any lewd, lascivious or indecent show or attraction making an indecent exposure of the person or suggesting lewdness or immorality.

Every license granted under the provisions of this Chapter shall, at all times, be subject to revocation in the event that the licensee does not comply with all of the provisions of this Chapter, and the other applicable provisions of the Code of Ordinances of the City. Failure to provide the name, date of birth, and social security number of each employee or subcontractor that the licensee has on the side of the carnival shall be a basis for revocation of the license. In the event that the license is revoked by the Chief of Police, the carnival shall cease its operations in the City.

Whoever violates the provisions of this Chapter shall be fined not more than $2,000 for each offense. Each day upon which a violation continues shall constitute a separate violation. Not more than $10,000 in fines under this section may be imposed against any licensee during the period of his or her license.

In addition to the fines hereinabove provided, a license may be revoked for violation of any of the provisions of this Chapter or any of the other provisions of the Code of Ordinances of the City of Washington. Upon the revocation of a license, the carnival must cease operations from and after the revocation of the license.
(Ord. 2393, passed 8-5-02)