Title 5 - Business Licenses and Regulations

5.08.001 Definitions.

As used in this chapter, the words and phrases defined in this section shall have the following meanings, unless the context otherwise requires.

5.08.006 Permit Required.

It is unlawful for any person, firm, partnership or corporation, other than the City of Overland Park, to operate an exhibition of any product, merchandise or service for profit anywhere within the city, or to operate any carnival, circus, street fair or similar public performance or amusement enterprise providing any amusement rides, or dispensing of food and beverage within the city, without first securing a permit from the Governing Body for the operation of such exhibition, carnival, circus, amusement enterprise or street fair.

(History: Ord. CAR-1436 §1, 87; CAR-1256 §2, 84; CAR-769; CAR-744; CAR-715; CAR-689; CAR-590 §1,70)

Effective on: 1/1/1901

5.08.008 Prohibited Activities; Games of Chance; Amusement Rides on Public Right-of-Way.

It shall be unlawful for any person, firm, partnership or corporation to operate or permit the operation of any game of skill or game of chance where prizes are offered in connection with such carnivals, circuses, street fairs, or amusement enterprises. In addition, it shall be unlawful for any person, firm, partnership or corporation, other than the City of Overland Park, to operate or permit the operation of any amusement rides on public streets or in the public right-of-way.

(History: Ord. CAR-1436 §2, 87; CAR-1256 §3, 84)

Effective on: 1/1/1901

5.08.009 North of 111th Street - Conditions Allowed.

Repealed.

(History: Ord. CAR-769; CAR-744; CAR-715; CAR-689; CAR-590)

Effective on: 1/1/1901

5.08.020 Permit Procedure.

1. A.
   Any person, firm, partnership or corporation desiring to secure a permit, as provided for in Section 5.08.006, shall make an application to the Governing Body for issuance of a permit. Each application shall be accompanied by a permit fee of one hundred dollars which shall be refunded in the event the application is denied. The application for the issuance of a permit shall be made to the office of City Clerk, and a hearing for the consideration of such application shall be at the earliest regular meeting of the Governing Body thereafter.
2. B.
   Each application for a permit shall be accompanied by a plot plan specifying the location of such exhibition, carnival, circus, amusement enterprise or street fair in relation to existing buildings, drive areas, located on the tract and the amount of space available for off-street parking of vehicles.
3. C.
   It is unlawful for any person, firm, partnership or corporation, other than the City of Overland Park, to operate and maintain an exhibition, carnival, circus, amusement enterprise or street fair other than in compliance with all terms, conditions and regulations of the permit as granted by the Governing Body. Failure to comply with any such terms, conditions and regulations of a permit shall immediately void the permit.

(History: Ord. CAR-1436 §3, 87; CAR-769 §2, 73; CAR-590 §2, 70; CAR-199B; CAR-199A; CAR-199 §1, 63)

Effective on: 1/1/1901

5.08.030 Standards of Issuance of Permit.

1. A.
   Standards and regulations applicable to all exhibitions, carnivals, circuses, amusement enterprises or street fairs, except those directly sponsored, promoted, and conducted by the City of Overland Park, are as follows:

   1. 1.
      The starting time for any such exhibition, carnival, circus or amusement enterprise or street fair shall be no earlier than 1 p.m. with the exception of any Saturday and Sunday which may have a starting time of 9 a.m. and noon respectively. The closing time for any such exhibition, carnival, circus, amusement enterprise or street fair shall be no later than 10:30 p.m. with the exception of any Friday and Saturday, which may have a closing time of 11 p.m.
   2. 2.
      A certificate of insurance shall accompany the permit application providing the following:
      Coverage

      1. a.
         General liability including products/ completed operations, broad form contractual, independent contractors and personal injury.
      2. b.
         Automobile liability including all owned, non-owned, and hired vehicles.

Limits

Minimum:

1.   
   1.   
      1. a.
         $5,000,000 each occurrence if amusement rides or other similar devices are used on the premises;
      2. b.
         $1,000,000 for each occurrence if amusement rides or other similar devices are not in use on the premises.

Liability insurance requirements may be modified or waived at the City's discretion upon approval by the Governing Body. A written application requesting deviation from the specific insurance requirements set forth in this ordinance, in the form of a certificate of insurance evidencing the applicant's insurance coverage, must first be filed with the City Clerk who shall forward to the City's Risk Manager, who shall forward to the Governing Body his or her reasoning for any recommended modification or waiver, or denial thereof, prior to Governing Body action on the permit application.

If an excess liability policy is used to supplement the primary limits of protection, it must be issued on a "following forms" basis.

The City of Overland Park, the sponsoring organization, and the owner of the premises being used to accommodate the amusement enterprise shall be named as "additional insureds" on all liability insuring agreements offered in compliance with this ordinance.

The permittee, upon receipt of notice of any claim in connection with this permit, shall promptly notify the City with full details thereof including an estimate of the amount of loss or liability. The permittee shall promptly notify the City of any impairment or reduction of primary or excess coverage in excess of $10,000 whether or not such impairment of liability came about in connection with this permit.

In the event, after notice of loss, the City shall determine that the permittee's aggregate coverage shall have been impaired or reduced to such an extent that the City shall determine such limits inadequate, the permittee shall upon notice from the City, promptly reinstate the original limits of liability required hereunder and shall furnish evidence thereof to the City in a form satisfactory to the City.

The City will only accept coverage from an insurance carrier who offers proof that it:

1.   
   1.   
      1. a.
         is licensed to do business in the State of Kansas;
      2. b.
         carries a Best's policyholder rating of A or better; and
      3. c.
         carries at least a Class X financial rating; or is a company mutually agreed upon by the City and the permittee.

1.   
   3. 3.
      Any one such event shall not cover an area in excess of twenty-five thousand square feet.
   4. 4.
      Public sanitary facilities shall be provided for use at the time of first utilization by the permittee of the location of such exhibition, carnival, circus, amusement enterprise or street fair, provided that the public sanitary facilities shall be in a condition approved by the City Environmental Health Officer.
   5. 5.
      The Governing Body must approve the site location of any such exhibition, carnival, circus, amusement enterprise or street fair.
   6. 6.
      Any person, firm, partnership or corporation operating any such exhibition, carnival, circus, amusement enterprise or street fair shall be subject to and shall comply with all pertinent City ordinances and regulations not in conflict herewith. Provided, however, that compliance with Overland Park Municipal Code 18.36.010 shall not be required.
   7. 7.
      The permittee shall, prior to commencing operation of any such exhibition, carnival, circus, amusement enterprise, or street fair, provide the City Clerk with a Certificate of Inspection. Each Certificate shall:

      1. a.
         Be signed by the insurance carrier or authorized agent;
      2. b.
         State the date of inspection and the items inspected, including, but not limited to, any and all rides, attractions, structures, related utilities, and support equipment and supplies;
      3. c.
         Specifically state any and all known defects or dangerous conditions, including defects or conditions which could be reasonably discovered pursuant to an inspection, concerning any and all rides, attractions, structures, related utilities, and support equipment and supplies.

A valid inspection shall be an inspection performed by the insurance company providing the insurance required by this ordinance within the most recent annual quarter under the terms of the insurance coverage. Further, the existence of a defective or otherwise dangerous condition may be sufficient reason to deny the permit requested.

A permittee's failure to provide a proper Certificate of Inspection prior to commencing the operation of any such exhibition, carnival, circus, amusement enterprise, or street fair is guilty of a public offense, and upon conviction, shall be punished as provided in 1.12.010. The City of Overland Park may further enforce violation of this section by maintaining any action in the appropriate court for injunction to enforce the provisions of this chapter, to cause the correction of any such violation, for assessment and recovery of a civil penalty for such violation, or to pursue other appropriate civil remedy.

2. B.
   Additional standards applying to any exhibition, carnival, circus, amusement enterprise or street fair, except those directly sponsored, promoted, and conducted by the City of Overland Park, are as follows:

   1. 1.
      Not more than four such events shall be allowed in any one calendar year on any one site.
   2. 2.
      Any one such event shall not continue any longer than seven consecutive days.
   3. 3.
      The site location as shown on the plot plan shall not be closer than eight hundred feet to any developed areas zoned R-1 through R-6. The City Council may waive or modify this requirement, after a public hearing for which notice has been given to all property owners within the affected portion of the eight hundred foot area, upon a finding that the purpose and intent of this requirement will be satisfied and that the public health, safety and welfare will not be adversely affected by such waiver or modification.

(History: Ord. NOI-2287 §6, 2001; CAR-1677 §1, 91; CAR-1564 §1, 88; CAR-1436 §4, 87; CAR-1282 §1, 84; CAR-1256 §4, 84; CAR-1226 §1, 82; CAR-715 §2, 72; CAR-590 §3, 70; CAR-199C, 70 CAR-199 §2, 63)

Effective on: 1/1/1901

5.08.040 Duty of Permittee to Restore Location.

The permittee shall clean and restore the location where the exhibition, carnival, circus, street fair or similar amusement enterprise operates during the term of the permit to the condition which existed thereon prior to the occurrence of the event.

(History: Ord. CAR-769 §4, 73; CAR-590 §4, 70)

Effective on: 1/1/1901

5.08.050 Inspection and Approval of Premises.

The director of health for Overland Park, Kansas, shall inspect and approve that the permittee's premises at the authorized location comply with all laws, both state and federal, and ordinances and regulations of the city governing public health, safety and welfare.

(History: Ord. CAR-769 §5, 73; CAR-590 §5, 70)

Effective on: 1/1/1901

5.08.060 Compliance with Ordinances and Regulations.

Any person, firm, partnership or corporation holding a permit issued by authority of this chapter shall comply with all ordinances or regulations of the City during the term of the permit, and violation thereof shall constitute a cause for the immediate revocation of such permit at the election of the City.

(History: Ord. CAR-769 §6, 73; CAR-590 §6, 70)

Effective on: 1/1/1901