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Help & SupportChapter 4-5: Circus, Carnival, and Menagerie License License16
The purpose of this chapter is to protect the public health, safety, and welfare by regulating the conduct of circuses, carnivals, and menageries in the city and assuring that they comply with fire and other health codes, meet police and safety standards, provide for the protection of the animals, and carry sufficient insurance to compensate the public for injuries from these activities.
No person shall operate or exhibit or cause to be operated or exhibited any circus, carnival, menagerie, or similar business without first obtaining a license therefor from the city manager as prescribed by this chapter.
(a) At least thirty days before the opening of such exhibition, each applicant for a license under this chapter shall pay the fee prescribed by section 4-20-5, "Circus, Carnival, and Menagerie License Fees," B.R.C. 1981, and shall complete a license application, on forms furnished by the city manager, which includes, without limitation, the location of the area to be used for the exhibition; the applicant's name and residence address; and the name, age, and residence address of each employee who will be selling merchandise or performing services in the city during the period of operation of the license.
(b) The applicant shall provide evidence of insurance coverage required by section 4-1-8, "Insurance Required," B.R.C. 1981.
(c) The applicant shall obtain a city admissions tax license and, if applicable, a city sales and use tax license and shall deposit with the city manager $150.00 to be applied against anticipated sales, use, and admissions taxes due to the city and the cost of police protection required by paragraph 4-5-4(a)(2), B.R.C. 1981, if any. The licensee shall account to the director for such taxes and costs within forty-five days after closing the exhibition. If a licensee fails so to account, the licensee forfeits the $150.00 deposit.
(a) The applicant shall meet the following conditions before the city manager may issue the license:
(1) An inspection by the city fire department and city building inspection division of the premises and all equipment involved in the business to assure that:
(A) All electrical equipment is properly installed according to the city's electrical code and is in good working order;
(B) Adequate fire access is provided; and
(C) Fire extinguishers are available as required by the city fire prevention code17 and are in good working order.
(2) An inspection by the city police department to determine if more police protection than is generally required for the area or premises will be necessary; if the police department determines that the business requires additional police protection, the applicant shall be liable therefor and agree to reimburse the city for the cost of such additional protection; and
(3) An inspection by the Boulder County Health Department, if food is served, to assure compliance with applicable laws.
(4) An inspection by the city manager, if animals are part of the business, to assure compliance with applicable city and state laws.
(b) If mechanical rides or attractions are part of the business, the applicant shall certify that no operator thereof shall be under the age of eighteen years.
(c) If animals are part of the business, the applicant shall provide a list of all of the animals to be exhibited with the application. The list shall contain the age, species, and conditions of confinement of the animals, and details of any anticipated out-of-confinement time in the city.
4-5-5 Authority to Deny Issuance of License.
(a) The city manager may deny an application for a license under this chapter upon a finding of any of the conditions prescribed by subsection 4-1-9(a), B.R.C. 1981, or upon a determination that:
(1) The applicant has had any circus, carnival, or menagerie license revoked or suspended within three years prior to the date of the application;
(2) The applicant has previously failed to comply with the ordinances and regulations of the city relating to conducting any circus, carnival, or menagerie business licensed by this code;
(3) The applicant has failed to comply with the laws, ordinances, or regulations relating to conducting any circus, carnival, or menagerie business or relating to cruelty to animals or their proper care of any other jurisdiction having requirements similar to those of this city. Without limitation, the manager may deny a license if the applicant has had two or more non-compliant items documented during a United States Department of Agriculture inspection associated with animal health, injury, veterinary care, protection from the elements, housing, feeding, transportation, or animal handling; or
(4) The applicant intends to use or display any animal prohibited from display under chapter 6-1, "Animals," B.R.C. 1981, as part of the circus, carnival, or menagerie. The manager shall deny any license to which this paragraph applies, but this paragraph does not apply to applicants which are corporations not for profit and display without charge for educational purposes exotic animals lawfully in their custody.
(b) If the city manager denies a license application under this section, the manager shall follow the procedures prescribed by subsection 4-1-9(b), B.R.C. 1981.
Ordinance No. 7133 (2001)
A license issued under this chapter is valid for the number of days stated thereon, determined by the license fee paid by the applicant.
The city manager may suspend or revoke a license issued under this chapter for the grounds and under the procedures prescribed by section 4-1-10, "Revocation of Licenses," B.R.C. 1981. Notice of the proposed suspension or revocation shall be hand delivered to the licensee, and the hearing may be held within twenty-four hours of the service of the notice.
16 Adopted by Ordinance No. 4637. Amended by Ordinance No. 7062. Derived from Ordinance No. 3221.
17 Chapter 10-8, "Fire Prevention Code," B.R.C. 1981.