§ 4-11. Temporary public amusements
Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Coin-operated machine shall mean every machine or device of any kind or character which is operated by or with coins, or metal slugs, tokens or checks, "music coin-operated machines" and "skill or pleasure coin-operated machines," as those terms are hereinafter defined, shall be included in such terms.
Place of amusement shall mean any building or premises, other than a private home, church, or nonprofit community center, in which facilities are provided for playing of any skill or pleasure coin-operated machine or devices of amusement or skill, or other game requiring special equipment for the playing thereof.
Music coin-operated machine shall mean every coin-operated machine of any kind or character which dispenses or vends or which is used or operated for dispensing or vending music and which is operated by or with coins or metal slugs, tokens or checks.
Service coin-operated machine shall mean every pay toilet, pay telephone and all other machines or devices which dispense service only and not merchandise, music, skill or pleasure.
Skill or pleasure coin-operated machine shall mean every coin-operated machine of any kind or character whatsoever, when such machine or machines dispense or are used or are capable of being used or operated for amusement or pleasure or when such machines are operated for the purpose of dispensing or affording skill or pleasure, or for any purpose other than the dispensing or vending of "merchandise or music" or "service" exclusively, as those terms are defined herein. The following are expressly included within said term: Marble machines, marble table machines, marble shooting machines, miniature race tract machines, miniature football machines, miniature golf machines, miniature bowling machines, and all other coin-operated machines which dispense or afford skill or pleasure.
(A) Temporary commercial amusement facility. Shall include, but not be limited to, circuses, carnivals, mechanically-operated rides which are designed to accommodate more than one adult or four children under 12 years of age, pony rides, and miniature train rides. EXCEPTION: Not to include moonwalks and similar amusements.
(B) Application for permit generally. Any person desiring to conduct or show a temporary commercial amusement facility within the city limits shall make application for a permit to the community development department and file same with that office not less than two weeks prior to the time when it is desired to show or exhibit such commercial amusement facility. Such application shall be on forms provided by the community development department and shall contain the following:
(1) Name and permanent address of the owner of the temporary commercial amusement facility, and, if the temporary commercial amusement facility is owned by a company or corporation, the application shall show such fact and shall also show the name of the manager or other officer in charge of the temporary commercial amusement facility.
(2) A list of all shows, rides, booths, and other business and attractions expected in connection with the temporary commercial amusement facility, listing same by name and with a description of each show or attraction.
(3) An affidavit as to the solvency and responsibility of the owner of the temporary commercial amusement facility and as to the kind and character of shows and attractions exhibited by the facility, and attachment of a certificate of liability insurance coverage in the amounts of $100,000.00 per individual, $300,000.00 per occurrence, and $50,000.00 property damage.
(4) A the end of the application, the person making same shall also state that they agree to conduct the facility and cash of the shows, attractions, and exhibits therein in a decent, orderly and law-abiding manner.
(C) Action on permit application. The community development department shall issue a permit if it finds that all requirements of the previous sections have been complied with and, if the proposed location is a shopping center, at least 75 percent of the shopping center tenants have signed a letter of no objection.
(D) Other requirements:
(1) Duration of permit: A temporary commercial amusement facility permit issued herein shall remain in effect for fourteen (14) consecutive days only from the date the temporary commercial amusement facility or show is proposed to begin operation.
(2) Hours of operation: The temporary commercial amusement facility shall not operate before 7:00 a.m. or past the hour of 11:00 p.m. on weekdays (Sunday through Thursday) or past 12:00 p.m. (midnight) on Friday and Saturday.
(3) On-site living quarters: No living quarters of any kind shall be permitted to be located on the site of the temporary commercial amusement facility except self-contained units needed for proper and customary security measures.
(4) Number of permits issued: Only two temporary commercial amusement facilities may be permitted at a given location during any one calendar year.
(5) All food related vendors must obtain a Dallas County health permit.
(E) Permit fee.
(1) Temporary public amusements: $550.00
(2) Temporary food sales health permit: Must be obtained from the Dallas County Health Department — Applies to all applicants that are providing food products.
(3) It shall be unlawful for any person to show or exhibit any temporary commercial amusement facility within the city without first obtaining a permit to do so from the community development department.
(F) Falsified application prohibited: Penalties. It shall be unlawful for any person to make or knowingly permit the making of any false or misleading statement in any application made pursuant to this article. In addition to any other punishment or sanction, the violation of this section shall be grounds for the immediate revocation of any permit granted pursuant to such application. Such permit may also be suspended for a time definite and such suspension and revocation procedure shall be in accordance with the provisions of this section. (Scope of permitted operation).
(G) Scope of permitted operation. Any person obtaining a permit to show and exhibit a temporary commercial facility within the city limits shall have the right to show, maintain, and operate only such shows, rides, booths and other attractions as shall be under the direct charge and supervision of the owner or operator of the temporary commercial amusement facility and it shall be unlawful for any person to show or exhibit in connection with the temporary commercial amusement facility any show, attraction or concession of any kind or character independent of the permitted operation, the permit granted to such temporary commercial amusement facility covering and permitting only such shows, attractions and concessions as are owned, managed or operated by the person applying for the permit.
(H) Permit revocation. If the temporary commercial amusement facility is conducted in a manner that violates any of the provisions for the issuance of the permit, the community development department may immediately revoke the permit. Any person who has been denied a permit or whose permit has been revoked as aforesaid, may within five days, after necessary notice thereof, appeal to the city council for a hearing thereon, and the decision of the council in this regard shall be final.
(Ord. No. 2074, § 1, 4-19-04)