Carnivals, Circuses and Exhibitions
Sec. 6-11. License required.
No person, firm, corporation, partnership, association, whether owner, agent, bailee, consignee or employee, shall maintain or operate a carnival, circus, exhibition or menagerie within the city without first obtaining a license for each carnival, circus, exhibition or menagerie, whether combined under one management or not.
Sec. 6-12. License fee.
The license fee for operating a carnival, circus, exhibition or menagerie shall be $50.00 per day, and shall to be paid at the time of filing an application for license.
Sec. 6-13. License exemption.
If community based nonprofit groups, that is, service clubs, social groups, youth organizations, religious organizations, that have regular meetings of members in the city, sponsor a carnival, circus, exhibition or menagerie, said group is exempt from the license fee. However, if the location of the circus, carnival, exhibition or menagerie is on public property, the community nonprofit group must secure a public property permit from the city administrator and deposit in advance a $100.00 certified check with the city clerk to assure the cleaning up of the premises by the organization. The park director will make the determination as to whether said cleanup obligation has been properly fulfilled. If a public property permit is obtained by the sponsoring local organization, the application requirement is also exempt.
Sec. 6-14. Application.
Application for a license required by section 6-52 shall be made by the applicant on forms provided by the city clerk, and shall request the following information:
Name, permanent address, social security number of applicant;
Address while in this area;
Name, address, telephone number of the firm, corporation, partnership, organization, association for whom applicant is conducting business;
Location where carnival, circus, exhibition or menagerie will be operating;
Whether operating location is on public property;
Whether food will be sold;
Iowa sales tax number;
Name of previous community where last operated;
Date(s) when license is desired;
Any additional information that may be deemed necessary.
Sec. 6-15. Investigation.
Upon receipt of an application, the city clerk shall forward to the chief of police or designee, who shall, within three working days, recommend approval or disapproval of the issuance after investigation of the applicant's reputation and character and license application content.
(1) If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application disapproval and reasons therefore and return said application to the city clerk, who shall notify the applicant of said disapproval and that no license will be issued.
(2) If, as a result of such investigation, the character or business responsibility of the applicant is found to be satisfactory, the chief of police shall endorse on such application approval and return the same to the city clerk who shall thereafter issue the license, subject to the terms and conditions of this article.
Sec. 6-16. Public property permit required.
If the location of the circus, carnival, exhibition or menagerie is on public property, prior to conducting any business, the applicant must secure a permit from the city administrator pursuant to such rules, regulations and fees established by the city council.
Sec. 6-17. Revocation of license.
(a) The city council may revoke any license issued under this article for the following reasons:
(1) Any misrepresentation on the license application or in the conduct of business.
(2) Violation of any federal, state or local law.
(3) Licensee has conducted business in such a manner as to endanger the public welfare, safety, order or morals.
(b) The license holder shall be notified by certified letter, return receipt requested, at the last known address, in written form containing the particulars of the complaints against the person, the ordinance or provisions or state statutes violated and the date, time and place of hearing on the revocation.
(c) The city council shall conduct a hearing at which both the licensee and any complainants shall be present to determine the truth of the fact alleged in the complaint and notice. Should the licensee or his authorized representative fail to appear without good cause, the council may proceed to a determination of the complaint.
(d) The city clerk shall make and record findings and conclusions of law made by the council and shall revoke a license only upon direction by the city council. The city council shall direct such revocation only finding clear and convincing evidence of substantial violation of this article or of the state law.
(e) If the city council directs the revocations of a license, such decision may be appealed to the Iowa District Court as by law provided.