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