Sec. 10-46. - Required.

It shall be unlawful for any person, firm, corporation or association to conduct; or allow to be conducted on property he or it controls, has a right to or purports to control; a carnival or exhibition as defined herein without first obtaining a permit therefore in accordance with this chapter.

(Ord. No. 75-11, § 1(2); Ord. No. 2006-16, § 1(2))

Sec. 10-47. - Application and fee.

A minimum of 30 days before occupying the carnival or exhibition site an application for a permit shall be submitted to the county manager or his designee in four copies accompanied by:

(1)

A surety bond in the penal sum of $2,500.00, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this section and subject to forfeiture under the terms provided in subsection 10 hereinbelow.

(2)

Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000.00 for any one person and $300,000.00 for any one incident.

(3)

A non-refundable fee in accordance with the current adopted fee schedule for the following.

a.

Permit processing;

b.

Fire and safety inspections; and

c.

Electrical and structural inspections.

(4)

A current occupational license issued by the Collier County Tax Collector; and

(5)

Including the following information:

a.

The name and headquarters address(es) of the carnival or exhibition company(ies) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies);

b.

A description of every activity to be conducted such as but not limited to, menageries; circus and side-show performances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by state law to be open to the public for an admission or participation fee and number of persons to operate the activities;

c.

Name and identification of each person accountable for the operation of each activity;

d.

A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water;

e.

Application for food establishment operating permit from the county health department as required by Ordinance No. 74-45;

f.

The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition;

g.

Provisions for traffic control, fire safety and security precautions;

h.

The date and time each activity is to be conducted and concluded;

i.

Written approval from the owner of the property authorizing the use of his premises for such carnival activity.

(Ord. No. 75-11, § 1(3); Ord. No. 83-6, § 1; Ord. No. 2006-16, § 1(3))

State law reference— Required insurance for certain amusements, F.S. § 546.003.

Sec. 10-48. - Review of application.

Except as set forth below, the county manager or his designee shall review the application and forward one copy to the sheriff and one copy to the health department for review, comment and return within seven calendar days to the department of zoning and land development review to place the application on the agenda of the next regular meeting of the board of county commissioners for approval or disapproval.

(Ord. No. 75-11, § 1(4); Ord. No. 2006-16, § 1(4))

Sec. 10-49. - Approval, disapproval of permit; criteria used.

Approval or disapproval of the permit shall be based upon the following criteria:

(1)

Health department tentative approval of the sanitary facilities and food service equipment specified in the application based upon regulations of the county health department, including an application as required in ordinance 74-45.

(2)

Sheriff's office review and approval of the petition including but not limited to the provisions made for traffic and crowd control. A minimum of one person qualified as a police officer, sheriff or a licensed private investigator of the State of Florida shall be provided for each 500 patrons in attendance. Such provision shall be at the expense and cost of the petitioner.

(3)

The availability of a minimum of one parking space for each five patrons. Such parking space shall be provided on the same property on which the carnival activities are to be conducted or on contiguous lands approved by the owner for such use.

(4)

The validity of the surety bond in the amount of $2,500.00 conditioned upon compliance with this ordinance.

(5)

A permit may be denied for failure to comply with any criterion hereinabove.

(6)

Issue of the permit shall authorize the persons listed in the application to engage in the activity indicated therein excluding any violation of federal, state or local law.

(7)

Duration of permit. The duration of the permit shall not exceed five calendar days.

(Ord. No. 75-11, § 1(5); Ord. No. 2006-16, § 1(6))

Sec. 10-50. - Release of surety bond.

The county manager or his designee is authorized to release the surety bond only after verification that the operator has complied with each term of this ordinance including the removal of trash and debris from the premises and the restoration of all sanitary facilities to a condition existing at the time the permit was issued.

(Ord. No. 75-11, § 1(7); Ord. No. 2006-16, § 1(8))

Sec. 10-51. - Administrative approval.

(a)

Previously-approved events: Instead of placing the application on the agenda, the county manager or his designee may, in their discretion, administratively approve (but not disapprove) any application for a carnival permit where the event being applied for ("proposed event") is substantially identical to an event for which the board of county commissioners ("board") previously approved a permit application ("BCC-approved event").

(b)

Basis of staff determination: In making the determination whether an application for a proposed event is substantially identical to a BCC-approved event, the county manager or his designee shall consider the characteristics of the proposed event as compared to the prior BCC-approved event, including but not limited to the event description; event title; identity of event sponsor(s) and/or permit applicant(s); event date, time and location; recency of the prior BCC-approved event; the compatibility of the proposed event with surrounding land uses; and the potential for unanticipated impacts of the proposed event on surrounding areas. Any uncertainty as to whether or not permit approval can be administratively approved shall be resolved in favor of board review.

(Ord. No. 2006-16, § 1(5))

Secs. 10-52—10-70. - Reserved.