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4614ORDINANCE NO. 4614 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 4.53 OF TITLE 4 PERTAINING TO CARNIVALS AND CIRCUSES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: CVrrMTnN 1 Title 4, Chapter 4.53, Section 4.53.020 is hereby repealed and a new Section 4.53.020 is added thereto to read as follows: "4.53.020 APPLICATION FOR PERMIT. Any person, firm or corporation desiring a permit required by this chapter shall make application therefor to the City License Collector. Such application must be made at least thirty (30) days prior to the commencement of the amusement activity. The application shall be verified and shall set forth: (a) The name and address of the applicant. (b) If the applicant is a corporation, the name and addresses of the corporate officers. (c) The name and address of the proprietor and the person to be in immediate charge of the place of amusement. (d) The location at which it is proposed to conduct the place of amusement. (e) A description of the amusement devices proposed to be conducted, the placement of these devices and the method of operation. (f) The inclusive dates during which the place of amusement is proposed to be kept open each day. (g) Such other information as may be required by the City Manager." 0Vt-MTnM 7 Title 4, Chapter 4.53, Section 4.53.030 is hereby repealed and a new Section 4.53.030 is added thereto to read as follows: "4.53.030 APPLICATION FEE The application shall be accompanied by an application fee in an amount to be set by resolution of the City Council. This fee is in addition to any business license fee - which is required to be paid pursuant to Chapter 3.32 of this code. One-half (1/2) of the application fee shall be retained by the City if the permit applied for is denied." SECTION 3 Title 4, Chapter 4.53, Section 4.53.170 is hereby repealed and a new Section 4.53.170 is added thereto to read as follows: "4.53.170 BOND REQUIRED. In order to insure that all areas used for amusement activities are kept free and clear of all rubbish, waste matter and debris and are properly cleaned up and cleared of all such material at the termination of the amusement activity, every applicant for a permit shall file with the City Attorney a cash bond or other security approved as to form by the City Attorney in the sum of One Thousand Dollars ($1,000.00). Said bond shall be conditioned upon the permittee completely cleaning up and clearing the amusement area, including any off-street parking area, of any rubbish, waste matter and debris." SECTION 4 Title 4, Chapter 4.53, Section 4.53.180 is hereby repealed and a new Section 4.53.180 is added thereto to read as follows: "4.53.180 LIABILITY INSURANCE As a condition precedent to granting a permit hereunder, the applicant shall furnish to the Risk Manager a policy of insurance issued by a company licensed to do business in California evidencing comprehensive public liability insurance with a minimum of $1,000,000, combined single limit per occurrence. The applicant shall furnish the Risk Manager an endorsement to said policy naming the City of Anaheim, its officers, agents and employees as additional insureds. The said endorsement shall be signed by an authorized representative of the insurance company and shall indicate that the insurance shall be effective during the period the amusement activity is being conducted in the City of Anaheim." SECTTON 5 Title 4, Chapter 4.53, Section 4.53.190 is hereby repealed and a new Section 4.53.190 is added thereto to read as follows: -2- 'T" "4.53.190 REVOCATION OR SUSPENSION OF PERMIT Any permit issued pursuant to this chapter may be suspended or revoked by the issuing authority for violation of any provision herein contained or for breach of condition contained in the permit or for violation of any law of the State of California or of the City of Anaheim, or in the event such activity is conducted in such a manner as to constitute a public nuisance. Notwithstanding anything to the contrary herein, the licensing authority, upon recommendation of the Chief of Police, may suspend the permit as to any games or activities operating illegally until the operator(s) of such game(s) or activities complies with all laws. Such suspension shall be in addition to any criminal penalties provided by this Code." SFCTTON h Title 4, Chapter 4.53, Section 4.53.200 is hereby repealed and a new Section 4.53.200 is added thereto to read as follows: "4.53.200 APPEALS. Any person, firm or corporation aggrieved by the action of the License Collector or Chief of Police in approving or denying an application or exemption from the Application Fee, in approving or disapproving the issuance of a permit, or in revoking or suspending or refusing to revoke or suspend any permit, may, within five (5) days after such action appeal to the City Manager of the City of Anaheim by filing a written notice thereof with the City Clerk. Upon the filing of an appeal, the City Manager, or his designee, shall set a hearing date for a decision in the matter within five (5) working days. The applicant, by written request, may waive the time limits set forth in this section except the time within which an appeal may be filed. After an administrative hearing and consideration of testimony and the report and recommendation of the License Collector and applicable City Departments and any written materials and/or testimony submitted by the applicant or other persons, the City Manager or his designee shall either grant or deny the permit within five (5) working days from the date of the hearing. The permit shall be issued upon such conditions as may be required to ensure compliance with City Ordinances and regulations governing the matters contained in the application. The action of the City Manager or his designee shall be final and conclusive. -3- SECTION 7. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 8. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 9. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and Thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 28th day of May, 1.985. • �1 MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ROF:kh 041-585 2376U -4- ( W CALIFORNIA ) i; i1 j-10RA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4614 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of May, 1985, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of May, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4614 on the 28th day of May, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of May, 1985. CITY CLERK OF THE CITY OF ANAH (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4614 and was published once in the Anaheim Bulletin on the 7th day of June, 1985. �/ �_ _ �.•