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4421 Circus and Carnivals246 ORDINANCE NO. 421 (Published in the Salina J,urnal /�J I AN 0RLi1.ANCE providing for and levying a license tax upon and regulating certain callings, trades or occupations, in- cluding the operation of circuses, carnivals, amusements companies, tent shows and similar amusements or attractions and requiring a license therefor and providing penalties for s g the violation of the provisions of such ordinance and repealing certain ordinances or parts of ordinances of the 6ity of Salina. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: j Section 1. Definitions: For the purposes of this ordinance, a a "circus" shall be deemed to mean that kind of a show or exhibition ordinarily ordinarily mown and advertised as a circus, including the exhibition of wild animals, trained animal acts, and performances by acrobats, aerial performers, trained animals, clowns, etc., and including side shows and exhibitions ordinarily shown in connection with and as a part of circuses, and the term circus shall also include menageries, WIldwest shows, dog and pony shows, and other similar exhibitions, whether operated alone or in connection with circuses Navin- the other features hereinabove mentioned, or similar thereto, and the term "circus" shall also include any street parade shoran or operated in the City of Salina and the unloading and/or moving of circus equip- ment, exhibits and paraphernalia in the city and along or over the streets thereof, in connection with a circus which is shown outside of the city. "Carnivals" shall be deemed to include attractions or amusements in which merry-go-rounds, .ferris-wheels, riding devices and other amusement devices of a similar nature are used and shall also include, whether operated in connection therewith or separately, other forms, of amusement or attractions such as side-shows, singing and dancing acts and otkier exhi-bitlons, attractions, shows, or devices of var- ous kinds for the amusement of the public, commonly operated and known as carnivals, or as parts thereof, whether advertised as such or otherwise. "Tent -shows" shall be deemed to include theatrical, dramactic or operatic performances, or entertainments, or concerts, whether operated in a tent or in the open, or in any temporary or permanent building or structure unless the same be in a regularly licensed opera house, theatre or motion picture theatre, provided that this section shall not apply to entertainments, concerts or musical exhibitions given by any church, school, lodge or other society or organization of the City of Salina when the proceeds thereof are exclusively for the benefit of charity or for the benefit of such church, school, lodge or organiza- tion, and where no part of such proceeds goes to any private individual or corporation, except in payment of labor actually performed or for property or materials actually furnished for use in connection with such nerformance, concert or entertainment. Section 2. It shall be unlawful for any person, firm or corporation to operate or conduct or to Permit any other person to operate or conduct, or for any person to have in his possession, upon the premises occu pied by any such circus, carnival or tent show within the City of Salina, any gambling device or game of chance. Section 3. It shall be unlawful for any person, firm or corlDoration to operate or conduct any such circus, carnival or tent show in the City of Salina, without first having made applica- tion to and securing a permit from the Board of Public Welfare of the City of Salina, and without first having complied with all of the rules and regi.zlations of such Board of Public Welfare. Section 4. Pio person, firm or corporatinn shall engage in, pursue, conduct or carry on in the City of Salina the calling, trade or occupation of conducting or operating a circus, carnival or tent show as in this ordinance defined without first having; paid to the City 6lerk of the City of Salina the license tax as herein provided for, and without first having secured from the City Clerk a license to conduct or operate the same. Section 5. Before any license shall be issued, the person, firm or corporation desiring to secure the same shall file with the City Clerk an application in writing setting forth the nature and character of the circus, carnival or tent show for which a'license is desired, the name of the owner thereof, the name under which the same is operated, conducted or shown; the permament address or residence of such owner; the location of the place where the same is to be shown or operated and the date or dates niton which the same is to be shown or operated, together with a statement that the appli- cant will abide by and perform all of the provisions of this ordinance and of all other ordinancez of the City of Salina, Kansas, and all regulations of the Board of Public Welfare relating thereto, and such application shall be accompanied by the original or duplicate of the permit issued to such applicant by the Board of Public VJel- fare of the(jity of Salina. Section 6. A license tax is hereby levied up, -)n every person, firm or corporation, engaging in the pursuit or occupation of operating; or conducting any circus, carnival or tent show as herein defined within the City of Salina, which license tax shall be paid to the City Clerk at the time the application in this ordinance provided for, Is filed, in the following amount, to -wit: Me For every day upon which any circus is operated within the City of Salina, the sum of $75.00; For every day upon which any carnival is operated within the City of Salina, the sum of $25.00; Provided, that if only riding devices are operated in connection with such carnival, the license tax shall he $10.00 per day; For every day upon which any tent show is operated within the City of Salina, the sum of �n25,00; Provided, that the license tax for one or more weeks shall be $60.00 per week. Section 7. 2very license tax herein provided for shall be paid by the person, firm or corporation actually operating the circus, carnival or tent show to which such license tax is applicable, and the payment of any other license tax of any kind paid by any other person shall not be deemed to cover or take the place of any license tax pro - tided for by this ordinance, and no license issued hereunder shall be assignable or transferable. Section 8. N o lewd, indecent or obscene performance shall be given or shown in connection with any circus, tent show or carnival as herein defined, and any person who shall show or permit the show - ink; of, or who shall engage in, any such performance shall be deemed guilty of a violation of the provisions of this ordinance. ection 9_ Any person, copartnership or corporation, or any agent, employee, representative, member or officer thereof, who shall violate or cause, permit or direct the violation of any provision of this ordinance shall be deemed guilty of a misdemeanorand upon con- viction thereof shall be fined not less than x`25.00, nor more than $160.00, for each offense, and each day upon which any such violation occurs or continues, shall be deemed to be a separate offense, but nothin, herein contained shall be deemed to prevent the proseeution of any person for the commission of two or more offenses on the same day. Section 10. That ordinances No. 2194, 2598, 3118 and sub -sections 6,7 and 10 of Ordinance No, 1688, being Sections 14-112, 14-113, 14-126, 14-201, to 14-207, inclusive of Revised Ordinance 1925, and any of said sections as amended, be and the same are hereby repealed. Section 11. This ordinance shall take effect and be in force after its publicati�-n once in the official city paper. Introduced June 4, 1934 Passed, June 11, 1934 M, A. Stevenson Attest: Chas. F. -anker Mayor -moi tyUlerk 2 4 9 LLAT E OF EA143AU COUNTY OF SALINE I. Chas. E. Banker, City Clerk of the City of 'Ialina Kansas do hereby certify that the above and forego*ng is a true and correct copy of Ordinance No. 4421 passed and approved by the Board of Com- mi.ssioners of the City of Salina June 11 1934; and a record of the vote on its final adoption is found on page S9 Journal No. 13 Q -Gi-ty-- mer V � r 6 (Published in The Salina Journal ! l 1934) ORDINANCE N0, 4421 AN ORDINANCE providing for and levying a license tax upon and regulating certain callings, trades or occupations, including the operation of circuses, carnivals, amuse- ments companies, tent shows and similar amusements or attractions and requiring a license therefor, and pro- viding penalties for the violation of the provisions of such ordinance, and repealing certain ordinances or parts of ordinances of the City of Salina. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. Definitions: For the purposes of this ordinances, a "circus" shall be deemed to mean that kind of a show or exhibition ordinarily known and advertised as a circus, including the exhibi- tion of wild animals, trained animal acts, and performances by acrobats, aerial performers, trained animals, clowns, etc., and including side shows and exhibitions ordinarily shown in connection with and as a part of circuses, and the term circus shall also in- clude menageries, wildwest shows, dog and pony shows and other similar exhibitions, whether operated alone or in connection with circuses having the other features hereinabove mentioned, or similar thereto, and the term "circus" shall also include any street parade shown or operated in the City of Salina and the unloading and/or moving of circus equipment, exhibits and paraphernalia in the city and along or over the streets thereof, in connection with a circus which is shown outside of the city. "Carnivals" shall be deemed to include attractions or amusements in which merry-go-rounds, ferr•is-wheels, riding devices and other amusement deviees of a similar nature are used and shall also include, whether operated in connection therewith or separately, other forms of amusements or attractions such as side-shows, singing and dancing acts and other exhibitions, attractions, shows, or de- vices of various kinds for the amusement of the public, commonly operated and known as carnivals, or as parts thereof, whether advertised as such or otherwise. "Tent -shows" shall be deemed to include theatrical, dramatic or operatic perfoftances, or entertainments, or concerts, whether operated in a tent or in the open, or in any temporary or permanent building or structure unless the same be in a regularly licensed opera house, theatre or motion picture theatre, provided that this section shall not apply to entertainments, concerts or musical exhibitions given by any church , school, lodge or other society or organization of the City of Salina when the proceeds thereof are exclusively for the benefit of charity or for the benefit of such church, school, lodge or organization, and where no part of such proceeds goes to any private individual or corpora- tion, except in payment of labor actually performed or for property or materials actually furnished for use in connection with such performance, concert or entertainment. Section 2. It shall be unlawful for any person, firm or corporation to operate or conduct or to permit any other person to operate or conduct, or for any person to have in his possession, upon the premises occupied by any such circus, carnival or tent show within the City of Salina, any gambling device or game of chance. Section 3. It shall be unlawful for any person,. firm or corporation to operate or conduct any such circus, carnival or tent show in the City of Salina, without first having made applica- tion to and securing a permit from the Board of Public Welfare of the City of Salina, and without first having complied with all of the rules and regulations of such Board of Public Welfare. Section 4. No person, firm or corporation shall engage in, pursue, conduct or carry on in the City of Salina the calling, trade or occupation of conducting or operating a circus, carnival or tent show as in this ordinance defined without first having paid to the City Clerk of the City of Salina the license tax as herein provided for, and without first having secured from the City Clerk a license to conduct or operate the same. Section 5. Before xg any license shall be issued, the person, firm or corporation desiring to secure the same shall file with the City Clerk an application in writing setting forth the nature and character of the circus, carnival or tent show for which a license is desired, the name of theowner thereof, the name under which the same is operated, conducted or shown; the permanent address or residence of such owner; the location of the place where the same is to be shown or operated and the date or dates upon which the same is to be shown or operated, together with a statement that the appli- cant will abide by and perform all of the provisions of this ordin- ance and of all other ordinances of the City of Salina, Kansas, and all regulations of the Board of Public Welfare relating thereto, and such application shall be accompanied by the original or duplicate of the permit issued to such applicant by the Board of Public Wel- fare of the City of Salina. Section 6. A license tax is hereby levied upon every person, firm or corporation, engaging in the pursuit or occupation of operating or conducting any circus, carnival or tent show as herein defined within the City of Salina, which license tax shall be paid to the City Clerk at the time the application in this ordin- ance provided for, is filed, in the following amount, to -wit: For every day upon which any circus is operated within the City of Salina, the sum of $75.00; For every day upon which any carnival is operated within the City of Salina, the sum of $25.00; Provided, that if only riding devices are operated in connection with such carnival, the license tax shall be $10.00 per day; For every day gpon which any tent show is operated within the City of Salina, the sum of $25.00; Provided, that the license tax for one or more weeks shall be 060.00 per week. Section 7. Every license tax herein provided for shall be paid by the person, firm or corporation actually operating the circus, carnival or tent show to which such license tax is applicable, and the payment of any other license tax of any kind paid by any other person shall not be deemed to cover or take the place of any license tax provided for by this ordinance, and no license issued hereunder shall be assignable or transferable. Section B. No lewd, indecent or obscene performance shall be miven or shown in connection with any circus, tent show or carnival as herein defined, and any person who shall show or perm't the showing of, or who shall engage in, any such performance shall be deemed guilty of a violation of the provisions of this ordinance. Section 9. Any person, copartnership or corporation, or any agent, employee, representative, member or officer thereof, who shall violate or cause, permit or direct the violation of any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25.000 nor more than $160.00, for each offbnee , and each day upon which any such violation occurs or continues, shall be deemed to be a separate offense, but nothing herein contained shall be deemed to prevent the prosecution of any person for the commission of two or more offenses on the same day. Section 10. That ordinances No. 2194, 25980 3118 and sub -sections 6, 7 and 10 of Ordinance No. 1688, being Sections 14-112, 14-113, 14-126, 14-201 to 14-207, inclusive of Revised Ordinances 1925, and any of said sections as amended, be and the same are hereby repealed. Section 11_ This ordinance shall take effect and be in force after its publication once in the official city paper. Introduced June 4, 1934 Passed, June 11, 1934 Attest: Uity Glerk7