53-03 Carnivals
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<![CDATA[CHAPTER 53-03CARNIVALS53-03-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Carnival" means an aggregation of attractions including any show, circus, act,<br>game, vending device, or amusement device, whether conducted under one<br>management or more, or independently, temporarily set up or conducted in a public<br>place or upon any private premises accessible to the public with or without<br>admission fee, which, from the nature of the aggregation, attracts attendance and<br>causes promiscuous commingling of persons in the spirit of merrymaking and<br>revelry.2."Fair board" means the officers of any state or county fair association, or the agents<br>of any such board, duly authorized to make any contract or issue any permit as<br>provided in this chapter.3."Governing body" means a city council, or a board of city commissioners, as the<br>case may be, or the agents of any such governing body duly authorized to make any<br>contract or to issue any permit as provided in this chapter.4."Person" means any natural person, firm, corporation, or limited liability company or<br>the clerk, agent, or abettor of any such person, firm, corporation, or limited liability<br>company.53-03-02. Carnivals - When permitted - Prohibitions. No person may set up, run,operate, or conduct within this state any itinerant carnival except within the limits of an<br>incorporated municipality, or within the limits or upon the grounds of a state or county fair<br>association, and then only when such person shall have procured and shall have in the person's<br>possession a written contract and permit from the governing body of the municipality or the fair<br>board of the fair association where such carnival is set up and operated, setting forth the<br>conditions under which such carnival must be operated.53-03-03.Permit required - Terms upon which granted.A permit to conduct acarnival must be granted upon the condition, and the contract must state, that there may not be:1.Set up or operated any gambling device, lottery, number or paddlewheel, number<br>board, punchboard, or other game of chance or skin game of any kind, except as<br>otherwise permitted by law; or2.Any lewd, lascivious, or indecent show, indecent exposure of the person, suggested<br>lewdness or immorality, any indecent dance where persons perform, or any other<br>lewd, immoral, or indecent show or attraction.53-03-04. Powers and duties of governing body or fair board. No governing body orfair board may grant a permit to operate a carnival until it shall have investigated the same and<br>shall have become satisfied that, if a permit is granted, it will be operated according to law, and<br>that none of the illicit or unlawful acts mentioned in the contract will be permitted.53-03-05. Authority of governing body and fair board. If a governing body or fairboard determines that an application for a permit should be granted, it shall:1.Enter into a contract such as is prescribed by section 53-03-02;2.Issue a permit to operate a carnival;Page No. 13.Collect such permit fees as are necessary to pay the expenses of the investigation<br>required by this chapter;4.Aid in policing the carnival grounds and in otherwise compensating the municipality<br>or association interested in such amount as may be determined; and5.Require the permittee to execute and deliver to such municipality or association a<br>bond in a penal sum not exceeding five hundred dollars, to be approved by the<br>governing body or fair board, conditioned for the faithful conduct of such carnival in<br>accordance with the governing laws and ordinances, and that the same must be<br>forfeited upon the violation of the provisions thereof.53-03-06. Board to enforce provisions - Free access of officers. The governing bodyor fair board shall enforce the provisions of the carnival contract, of this chapter, and of any<br>ordinances of the municipality regulating carnivals. Each permit must contain a provision that<br>sheriffs and police officers shall have free access to the grounds and all booths, shows, and<br>concessions thereon at all times, and all officers present at such carnival shall enforce all the<br>provisions of this chapter and other governing statutes of this state.53-03-07. Permit in possession of board - To be shown. The contract and permitauthorized by this chapter must be made in duplicate. One must be in the possession of the<br>governing body or fair board and the other in the possession of the manager of such carnival,<br>and in either case, upon request of an officer or citizen, must be produced and shown. Refusal<br>to show the same to one asking to see it is presumptive evidence that such carnival is being<br>operated without such contract or permit.53-03-08. Penalty. Any person who violates any of the provisions of this chapter is guiltyof a class B misdemeanor.Page No. 2Document Outlinechapter 53-03 carnivals]]>