[HISTORY: Adopted by the Village Board of the Village of
Grafton as Title 5, Ch. 5.32, of the 1979 Code. Amendments noted where
applicable.]
[Amended by Ord. No. 029, Series 1996]
No person shall conduct, exhibit, operate or maintain within
the Village any circus, menagerie, carnival, play, game, contest,
theatrical performance, theater, concert, athletic event of any kind
or any other public amusement or show to which admission may be had
by the payment of a fee or by the purchase, possession or presentation
of a ticket or token obtained for money or other valuable thing, or
in which a charge is made indirectly for admittance, unless a license
or permit shall be obtained therefor. All such events, for the purposes
of this chapter, shall be referred to as "carnival/amusements." This
chapter shall not apply to events conducted under the sole control
and supervision of educational, charitable or religious organizations
where the entire proceeds of such show or amusement shall be devoted
to the purpose of said organization.
A.
Contents. Applications filed with the Village Clerk under this chapter
shall, in addition to such other information as the Village Board
may from time to time require, contain the following information:
1.
Name, age, residence of applicant or of principal officers, if applicant
is partnership, corporation or association.
2.
Name, age and residence of person whom applicant shall designate
as manager and previous places of employment of such person.
3.
Premises where such carnival/amusement is to be located or conducted,
name and residence of owner thereof, and total area to be used for
such purpose.
[Amended by Ord. No. 029, Series 1996]
4.
Specific nature of carnival/amusement for which license is sought.
[Amended by Ord. No. 029, Series 1996]
5.
The applicant shall also present to the Village Clerk the certificate
of registration issued by the Department of Safety and Professional
Services.
[Amended by Ord. No. 029, Series 1996]
6.
The applicant shall provide a certificate of liability insurance,
naming the Village of Grafton as an additional insured, in the amount
of not less than $1,000,000 for personal injury and property damage
coverage. The applicant shall indemnify and hold harmless the Village
and its officers and agents and citizens against any injuries and
damages which may result or arise from the conducting of the carnival/amusement.
The applicant shall pay all judgments, costs and charges that may
be sought against the Village or any of its officers or agents by
reason of the conduct of such carnival/amusement, together with the
costs of defending any such action against the Village, including
actual attorney's fees. The applicant shall also provide proof of
worker's compensation insurance.
[Amended by Ord. No. 029, Series 1996]
B.
Inspection of premises and mechanical devices. The Village Clerk
shall refer any application filed under this section to the respective
departments of police, health inspecting and building inspecting,
which shall inspect or cause to be inspected each application to determine
whether the place sought to be licensed complies with the regulations,
ordinances and laws applicable thereto and is a proper place for the
purpose for which it is to be used. The applicant shall indicate the
date of the last state inspection of amusement rides and other mechanical
devices. The Village reserves the right to require inspections of
all mechanical devices that would be available to the public. All
inspection costs shall be paid by the licensee.
[Amended by Ord. No. A-412-81, 1981; Ord. No. 029, Series 1996]
C.
Food handlers to obtain health certificate. Any person employed in
such carnival/amusement for the purpose of preparing, handling or
selling food or drink shall submit a copy of a health certificate
as required by state statute.
[Amended by Ord. No. 029, Series 1996]
A.
No license shall be issued under this chapter unless and until it
shall be found that all of the persons named in the application are
of good moral character, that the proposed location complies with
and conforms to all ordinances, health and fire regulations applicable
thereto and is a safe and proper place for the purpose for which it
shall be used. A license shall be refused to any applicant or applicants
who shall have had a license issued under this chapter revoked within
two years of the date of application, or to any person who has within
five years of the date of application been convicted of a felony.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
B.
No license shall be issued for any public amusement place within
a residential district. No applicant to whom a license has been refused
shall make further application until a period of at least six months
shall have elapsed since the last previous rejection, unless he can
show that the reason for such objection no longer exists. No license
shall be granted to a person under 21 years of age or renewed without
reinspection of the premises.
[Amended by Ord. No. 029, Series 1996]
The fees for licenses issued under this chapter shall be $35
per day for any show, event or amusement.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
The Village Clerk and Village President may, at any time, suspend
for not more than 10 days any license granted under the provisions
of this chapter for disorderly or immoral conduct on the premises
or for the violation by the licensee, his agent or employees of any
of the rules, regulations, ordinances or laws of the state or Village
governing or applying to public peace, safety, morals or general welfare.
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be subject to the general penalty in Chapter 1.08 of this Code.
