Missouri Revised Statutes

Chapter 316
Shows, Circuses, Amusement Buildings and Festivals

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County commissions may tax public shows, how.

316.010. The county commissions of the several counties in this state are hereby authorized to impose from time to time, by an order or orders entered of record, such tax as they may deem proper and reasonable upon all public theatrical and minstrel performances, shows and circuses, or any other public exhibition in said several counties; provided, that nothing in this section shall be so construed as to apply to any educational, religious or charitable exhibition.

(RSMo 1939 § 15447)

Prior revisions: 1929 § 14323; 1919 § 11650; 1909 § 11220

Order levying tax as execution--sheriff to collect.

316.020. It shall be the duty of the clerks of said commissions to make out and deliver a copy of said order to the sheriff of the county. Such copy, duly certified, shall have the force and effect of an execution against the property so exhibited or persons so exhibiting, and said sheriff shall be liable on his official bond for any default or neglect in collecting the same.

(RSMo 1939 § 15448, A. 1949 S.B. 1116)

Prior revisions: 1929 § 14324; 1919 § 11651; 1909 § 11221

Proceeds to go into school fund.

316.030. The money collected shall be paid into the county treasury, and shall go to and form a part of the school fund of the county. The treasurer of the county to whom such money is paid shall give the sheriff who pays it duplicate receipts, one of which shall be deposited with the clerk of the county commission, and shall discharge the sheriff, and the same shall be charged to the treasurer as other county school funds.

(RSMo 1939 § 15449)

Prior revisions: 1929 § 14325; 1919 § 11652; 1909 § 11222

License for shows required, tax imposed.

316.040. The county commission of all counties shall, not later than the month of November in each year, impose by order entered of record a license tax such as the commission may deem proper and reasonable, to become effective on the succeeding first day of January of each year, upon all theatrical or minstrel performances, exhibitions, shows, circuses, menageries, skating rinks, professional athletic exhibitions, dance halls, penny or picture arcade, theater or motion picture theater, drive-in theaters, cabaret or floor show, amusement hall or parlor, music hall or room or other commercial amusement place, miniature golf courses, pony rides, pinball machines, marble machines, music vending machines and any other device operated by the insertion of a coin, disc or other insertion piece, whether or not also manipulated by the operator, and which operates for the amusement of the operator, whether or not by registering a score, except machines or devices used bona fide and solely for the vending of service, food, confections or merchandise; any other kind of public exhibitions, or scenic or gravity railways, cane racks, shooting galleries, baby racks, or other kind of avocations set up in connection therewith; and it shall be unlawful for any person, association, company, corporation or partnership of persons, except if the same be for religious, educational or charitable purposes, then it shall be exempt from such license tax, to give, perform or present, exhibit or set up any theatrical or minstrel performances, exhibits, shows, circuses, menageries, skating rinks, professional athletic exhibitions, dance halls, penny or picture arcade, theater or motion picture theater, drive-in theaters, cabaret or floor show, amusement hall or parlor, music hall or room or other commercial amusement place, miniature golf courses, pony rides, pinball machines, marble machines, music vending machines and any other device operated by the insertion of a coin, disc or other insertion piece, whether or not also manipulated by the operator, and which operates for the amusement of the operator, whether or not by registering a score, except machines or devices used bona fide and solely for the vending of service, food, confections or merchandise; any other kind of public exhibitions, or scenic or gravity railways, cane racks, shooting galleries, baby racks, or other kind of avocations set up in connection therewith, without first taking out a license therefor from the county clerk and paying the license tax imposed by the county commission as aforesaid, which shall be paid into the county treasury for the use of the general fund of the county; provided, that in any such county having a county license inspector it shall be his duty to diligently see that all such licenses are taken out and that such license taxes are paid, and he shall make such reports and perform his duties under such regulations as may be prescribed by the county commission.

(RSMo 1939 § 15451, A.L. 1945 p. 1729, A. 1949 S.B. 1116, A.L. 1957 p. 718, A.L. 1979 H.B. 148)

Prior revisions: 1929 § 14327; 1919 § 11654; 1909 § 11224

Penalty for delinquent payment of license tax.

316.045. The county commissions of all counties of class one, in addition to other penalties imposed, are empowered in addition to the license tax imposed by section 316.040, to levy a penalty of one percent per month upon any person, firm or corporation who fails to pay the license tax imposed by section 316.040 by the first day of February of each year.

(L. 1957 p. 718 § 316.041)

Penalty.

316.050. Any person, association, company, corporation or copartnership of persons who shall violate any provisions of section 316.040 shall, on conviction thereof, be adjudged guilty of a misdemeanor, and punished by a fine not exceeding one hundred dollars or less than twenty-five dollars, or by imprisonment in the county jail for a term not less than ten days nor more than six months, or by both such fine and imprisonment.

(RSMo 1939 § 15452)

Prior revisions: 1929 § 14328; 1919 § 11655; 1909 § 11225

Places of public amusement--construction--exit defined.

316.060. 1. In every building used as a place of assembly for public amusement in which seats in rows are provided individual seats shall be provided for all persons congregating therein. The width of seats or chairs shall not be less than eighteen inches measured from center to center. Seats in rows, whether fixed or movable, except in boxes or loges not exceeding sixty square feet in area and in existing balconies of concrete construction having fixed seats, shall not be less than twenty-eight inches apart from back to back. The number of seats in any row, extending from one longitudinal aisle to another, shall not exceed eighteen, so that no seat shall have more than eight seats intervening between it and an aisle, and the number of seats extending from a wall to a longitudinal aisle shall not exceed nine; provided, however, that if the seats are fixed chairs with self-raising seats, so spaced that when the seats are raised there is an unobstructed space of not less than eighteen inches horizontal projection between the rows of seats, and if doorways leading directly to exit corridors are provided not more than five feet apart along the sides of the auditorium, the number of seats in a row may be not more than twenty-five. In buildings regularly used as places of assembly for theatrical, operatic or similar performances or for the display of motion pictures, the seats, except in boxes or loges not exceeding sixty square feet in area, shall be fixed and shall be separated by arms. In boxes or loges, not exceeding sixty square feet in area, and in other locations where loose chairs are permitted, not more than one chair shall be provided for each six square feet of floor space.

2. Every aisle shall lead to an exit door or to a cross aisle; that is, an aisle running parallel with the seat rows and leading to an exit door. No main floor longitudinal aisle of expanding width shall be less than twenty-seven inches wide at any point and where such means of exit accommodates more than one hundred and eighty persons the width thereof shall be increased. Main floor longitudinal aisles increasing gradually in width in the direction of exit travel shall be of such width that the number of persons to be accommodated at any point does not exceed one hundred and twenty persons per eighteen inches of width. If main floor aisles are of a constant width, in theaters having a capacity of four hundred and fifty seats or less on the main floor, the width of the aisles shall be not less than thirty-two inches; in theaters having a capacity of more than four hundred and fifty seats but less than seven hundred and fifty seats on the main floor, the width of the aisle shall be not less than thirty-six inches; and in theaters having a capacity of more than seven hundred and fifty seats on the main floor, the width of the aisle shall be not less than forty-two inches. Main floor aisles having seats on one side only shall be not less than twenty-eight inches wide in theaters having a capacity of four hundred and fifty seats or less on the main floor; not less than thirty inches in theaters having a capacity of more than four hundred and fifty seats and less than seven hundred and fifty seats on the main floor; not less than thirty-two inches in theaters having a capacity of more than seven hundred and fifty seats on the main floor. Main floor cross aisles shall not be less in width than the widest aisle with which they connect. Every auxiliary floor longitudinal aisle shall be at least twenty-eight inches wide. Steps shall not be placed in aisles unless the gradient would exceed one-foot rise in each ten-feet run. Steps, when necessary, shall be grouped, and, so far as practicable, isolated steps shall be avoided. Such steps shall extend across the full width of the aisles. No riser shall be more than eight inches in height, and no tread shall be less than nine inches in width, and whenever the riser of seat platforms is four inches or less, the floor of the aisles shall be made as a gradient. All aisles shall be illuminated. Aisles shall be used only for passage to and from seats and shall be kept unobstructed at all times.

3. "Exit" or "exit way" means the exit doorway or doorways, or such doorways together with connecting hallways, passageways, or stairways, to which persons may pass safely from a room or space to a street or to any open space which provides safe access to a street. Exits or exit ways from any room may lead through other rooms of the same or other tenancies. There shall be a minimum of two exits on the main floor of every such building, one being located at the front and the other being located at the rear of the building. Side exits easily accessible may be installed in place of rear exits. Such exits shall have a minimum width of thirty-six inches and shall have a combined or aggregate width of not less than twenty-two inches for each one hundred seats or major fraction thereof up to and including one thousand seats with one foot additional width for each additional one hundred seats or major fraction thereof, up to and including two thousand seats, and an additional six inches for each additional one hundred seats or major fraction thereof over two thousand seats. All exit doors shall be arranged to swing outward and be so constructed that they can be readily opened from the inside with pressure, and shall never be locked or fastened when the room is open to the public. All such exit doors shall be open upon a well-lighted street, alley, or private passageway having unobstructed access to a street or another alley. Each exit door must have a light above each doorway with "EXIT" in letters large enough to be read from any part of the room, and, where electricity is used for the illumination of these signs, the current shall be on a circuit separate from general house lights. Balconies, galleries, tiers, or other spaces having a capacity of more than two hundred persons each, shall have at least two exit ways and, where the capacity is more than six hundred persons, at least three exit ways, and, where the capacity is more than one thousand persons, at least four exit ways. Such required exit ways may use communicating hallways, corridors, or passageways.

4. All scenery and curtains shall be made as secure against becoming inflamed as reasonably practicable, and also all reasonably practicable arrangements shall be made for the constant supply of water or other means for the extinguishment of fires, and they shall be kept constantly effective during the presence of an audience; provided, however, that any building or structure coming under the provisions of sections 316.060 to 316.100 that has, or may be required to have under the provisions of this section, only one center aisle, such aisle shall be of constant width, and that width shall not be less than the widest minimum width of such aisle provided in this section; and provided further, that any provision of this section relating to the type of seats required shall not apply to any building or structure to which sections 316.060 to 316.100 are applicable where the seating capacity is less than one hundred and eighty persons.

(RSMo 1939 § 14958, A.L. 1949 p. 564)

Prior revisions: 1929 § 13765; 1919 § 10969; 1909 § 10674

CROSS REFERENCES:

Doors to public buildings to open outward, 320.070

Public buildings, fire escapes required, how constructed, number, Chap. 320

Wheelchair accessibility signs, display of required, when, 8.655

Exempted structures.

316.070. The provisions of sections 316.060 to 316.100 shall not apply or be applicable to any church, school, baseball parks, tent show or building used at infrequent intervals as a place of assembly of public amusement.

(L. 1949 p. 564 § 14958A)

Building requirements.

316.080. Every building now existing or hereafter constructed for public amusement shall be made to conform to the requirements of section 316.060.

(RSMo 1939 § 14959, A.L. 1949 p. 564)

Prior revisions: 1929 § 13766; 1919 § 10970; 1909 § 10675

Licenses not granted, when.

316.090. No license shall be given for any public amusement or entertainment in any place not constructed or arranged as in this chapter required.

(RSMo 1939 § 14960, A.L. 1949 p. 564)

Prior revisions: 1929 § 13767; 1919 § 10971; 1909 § 10676

Penalty for violations.

316.100. Any person who shall give any public amusement, entertainment or exhibition in any building not constructed and arranged as required in this chapter, or who shall violate or permit the violation of any of its requirements shall be deemed guilty of a misdemeanor. In addition thereto the prosecuting attorney of any county or the circuit attorney of the city of St. Louis shall have the right to apply for injunctive relief to enjoin, restrain, and prohibit the operation of any building of assembly of persons for theatrical performances and for buildings of public amusement and entertainment not complying with the provisions of sections 316.060 to 316.100.

(RSMo 1939 § 14961, A.L. 1949 p. 564)

Prior revisions: 1929 § 13768; 1919 § 10972; 1909 § 10677

Definitions.

316.150. As used in sections 316.150 to 316.185, the following terms mean:

(1) "County", any county of this state except a county having a charter form of government and having a population of nine hundred thousand inhabitants or more and no city not within a county which exercises county functions;

(2) "County clerk", the clerk of the county commission or governing body of a county;

(3) "Festival", any music festival, dance festival, rock festival or similar musical activity likely to attract five thousand or more people at such an activity which will continue for a period of twelve hours or more, at which music is provided by paid or amateur performers or by prerecorded means, and which is held at any place within this state, and to which members of the public are invited or admitted for a charge. It shall not include a county fair or youth fair approved by the Missouri department of agriculture, or any activity conducted by any current or future ongoing licensed business in a permanent location;

(4) "Sheriff", the sheriff of any county in this state.

(L. 1975 S.B. 323 § 1, A.L. 1991 S.B. 34, A.L. 2013 S.B. 121)

Festival license required--exception.

316.155. No person shall operate, maintain, conduct, advertise, or sell or furnish tickets for a festival in any county in this state unless he first obtains a license from that county to operate, maintain or conduct the festival. This provision shall not apply to counties of the first class having a charter form of government and having a population of nine hundred thousand inhabitants or more and no city not within a county which exercises county functions.

(L. 1975 S.B. 323 § 2, A.L. 1991 S.B. 34)

Application for license--fee--contents of application.

316.160. Application for a license to operate, maintain or conduct a festival shall be made in writing to the county clerk at least sixty days prior to the time indicated for the commencement of the planned festival and shall be accompanied by a nonrefundable application fee established by the governing body of the county but not more than one hundred dollars. The application, at the discretion of the governing body of the county, shall contain the following information:

(1) The name, age, residence and mailing address of the person making the application. If the application is made by a partnership, the names and addresses of the partners must appear. Where the applicant is a corporation the application must be signed by the president, vice president and secretary of the corporation and must contain their addresses, and a certified copy of the articles of incorporation shall be submitted with the application;

(2) Proof of financial worth of the individuals or corporation. The proof of indemnity against injury or loss to persons or property and said amount and form of the indemnity shall be prescribed by the governing body of the county;

(3) A written statement of the kind, character, or type of festival which the applicant proposes to operate, maintain or conduct;

(4) The address or legal description of the place where the proposed festival is to be operated, maintained or conducted. Additionally, the applicant must submit proof of ownership of the place where the festival is to be operated, maintained or conducted, or a statement signed by the owner of the premises indicating his consent that the site be used for the proposed festival;

(5) The dates and hours during which the festival is to be operated, maintained or conducted;

(6) An estimate of the number of customers, spectators, participants and other persons expected to attend the festival for each day it is operated, maintained or conducted;

(7) The name and address of anyone contributing, investing or having a financial interest greater than five hundred dollars in producing the festival;

(8) A detailed written explanation of the applicant's plans to provide security and fire protection, water supply and facilities, food supply and facilities, sanitation facilities, medical facilities and services, vehicle parking space, vehicle access and onsite traffic control, and, if it is proposed or expected that spectators or participants will remain at night or overnight, the arrangements for illuminating the premises and for camping or similar facilities. The applicant's plans shall include what provisions shall be made for numbers of spectators in excess of the estimate, and what provisions shall be made for cleanup of the premises and removal of rubbish after the festival has concluded;

(9) A plot plan showing arrangement of the facilities including those for parking, egress and ingress.

(L. 1975 S.B. 323 § 3)

Effective 7-16-75

Public hearing on application, when held.

316.165. Upon receipt of a complete application and the application fee, the county clerk shall set the application for public hearing at a regular meeting of the governing body of the county, not less than fifteen days nor more than thirty days thereafter, and shall give not less than ten days written notice thereof to the applicant. The clerk shall promptly give notice of the hearing and copies of the application to the state department of public safety, sheriff, the state division of health and the state fire marshal who shall investigate the application and report in writing to the governing body of the county not later than the hearing, with appropriate recommendations related to their official functions as to granting a license and the conditions for granting a license.

(L. 1975 S.B. 323 § 4)

Effective 7-16-75

License to issue, when.

316.170. Based upon the testimony of the witnesses and evidence presented at the hearing, including the report of the officials specified in section 316.165, the governing body of the county shall grant the license, deny the license, or set conditions which must be met, or security given that they will be met before a license may be granted. If conditions are imposed by the governing body, the applicant shall furnish or cause to be furnished to the county clerk proof that all conditions have been met before the license may be issued by the county clerk.

(L. 1975 S.B. 323 § 5)

Effective 7-16-75

Grounds for denial of license.

316.175. After holding the required public hearing, in addition to the requirements and conditions set forth in sections 316.155, 316.160, 316.165 and 316.170, the governing body of the county may deny issuance of a license if it finds any of the following:

(1) That the proposed festival will be conducted in a manner or on a location not meeting the health, zoning, fire or building and safety standards established by applicable city or county ordinances or state laws;

(2) That the applicant has knowingly made a false, misleading or fraudulent statement of material fact in the application for license, or in any other document required pursuant to sections 316.150 to 316.185;

(3) That the applicant, his employee, agent, or any person connected or associated with the applicant as partner, director, officer, stockholder, owning more than ten percent interest in the corporation, associate, or manager has previously conducted the type of festival being applied for which resulted in the creation of a public or private nuisance;

(4) That the applicant, his employee, agent or any person connected or associated with the applicant as partner, director, officer, stockholder, owning more than ten percent interest in the corporation, associate, or manager has been convicted in a court of competent jurisdiction, by final judgment of a felony.

(L. 1975 S.B. 323 § 6)

Effective 7-16-75

Penalty for violation.

316.180. Any person who violates the provisions of sections 316.150 to 316.185 is guilty of a misdemeanor and shall, upon conviction, be punished as provided by law. Any violation of sections 316.150 to 316.185 shall be grounds for an injunction against the festival which may be applied for by either the state of Missouri or the county.

(L. 1975 S.B. 323 § 7)

Effective 7-16-75

Reasonable conditions authorized--notice of conditions, mailed when.

316.185. At the hearing required by section 316.165, the governing body of the county or municipality may establish reasonable conditions which are necessary to protect the health, safety, or property of local residents and persons attending the festival which must be met prior to the issuance of any license under sections 316.150 to 316.185. The governing body may take a matter under submission before determining which conditions shall be imposed. When the governing body takes a matter under submission, written notice of any conditions imposed as prerequisite to the issuance of a license shall be mailed to the applicant within fifteen days of the original hearing.

(L. 1975 S.B. 323 § 8)

Effective 7-16-75

Rules, effective when.

316.200. No rule or portion of a rule promulgated pursuant to sections 316.203 to 316.233 shall become effective unless it has been promulgated in accordance with the provisions of chapter 536.

(L. 1997 H.B. 276 § 1)

Definitions.

316.203. As used in sections 316.203 to 316.233, the following terms mean:

(1) "Amusement ride", any of the following, which is primarily for the purpose of giving its patrons amusement, pleasure, thrills, or excitement, and which is open to the general public excluding skill teaching, exercise, and team building:

(a) Any mechanical device that carries or conveys passengers along, around or over a fixed or restricted route or course or within a defined area;

(b) Any dry slide over twenty feet in height excluding water slides;

(c) Any tram, open car, or combination of open cars or wagons pulled by a tractor or other motorized device, except hayrack rides, those used solely for transporting patrons to and from parking areas, or those used for guided or educational tours, but does not necessarily follow a fixed or restricted course;

(d) Any bungee cord attraction or similar elastic device;

(e) Any climbing wall over ten feet in height except for not-for-profit entities that follow the YMCA Services Corporation's Climbing Walls Safety Guidelines or the Boy Scouts of America Guidelines;

(2) "Board", the amusement ride safety board established in section 316.204;

(3) "Department", the department of public safety;

(4) "Director", the director of the department of public safety;

(5) "Operator", a person or the agent of a person who owns or controls, or has the duty to control, the operation of an amusement ride or related electrical equipment;

(6) "Owner", a person who owns, leases, controls or manages the operations of an amusement ride and may include the state or any political subdivision of the state;

(7) "Qualified inspector", any person who is:

(a) Found by the director to possess the requisite training and experience in respect of amusement rides to perform competently the inspections required by sections 316.203 to 316.233; or

(b) Certified by the National Association of Amusement Ride Safety Officials (NAARSO) to have and maintain at least a level one certification; or

(c) Is a member of the Amusement Industry Manufacturing and Suppliers (AIMS) and meets such qualifications as are established by the board;

(8) "Related electrical equipment", any electrical apparatus or wiring used in connection with amusement rides;

(9) "Safety rules", the rules and regulations governing rider conduct on an amusement ride, provided such rules and regulations are prominently displayed at or near the entrance to, or loading platform for, the amusement ride;

(10) "Serious physical injury", a patron personal injury immediately reported to the owner or operator as occurring on an amusement ride and which results in death, dismemberment, significant disfigurement or other significant injury that requires immediate in-patient admission and twenty-four-hour hospitalization under the care of a licensed physician for other than medical observation; and

(11) "Serious incident", any single incident where three or more persons are immediately transported to a licensed off-site medical care facility for treatment of an injury as a result of being on or the operation of the amusement ride.

(L. 1997 H.B. 276 § 2, A.L. 2000 H.B. 1434, A.L. 2004 H.B. 1403)

Effective 1-01-05

Amusement ride safety board established--members--meetings, when.

316.204. 1. There is hereby established an "Amusement Ride Safety Board" to be composed of nine members, one of whom shall be the state fire marshal or the marshal's designee. The remaining eight members of the board shall be appointed by the governor with the advice and consent of the senate. Each member appointed by the governor shall be appointed for a staggered term of five years or until a successor is appointed. The governor shall fill any vacancy on the board for the remainder of the unexpired term with a representative of the same interest as that of the member whose term is vacant. No more than four members of the board, who are not employees of state or local government, shall be members of the same political party.

2. Three members of the board shall represent the interests of small amusement ride businesses that operate in this state. Three members of the board shall represent the interests of the fixed amusement ride parks. One member of the board shall be a resident of this state. One member of the board shall be a mechanical engineer knowledgeable of amusement rides.

3. The state fire marshal shall call the first meeting of the board within sixty days after all members have been appointed and qualified. The members from among their membership shall elect a chairperson. After the initial meeting the members shall meet at the call of the chairperson, but shall meet at least three times per year. Five members of the board shall constitute a quorum.

4. The members of the board shall receive no compensation for their services, and shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties.

(L. 2000 H.B. 1434, A.L. 2004 H.B. 1403)

Effective 1-01-05

Amusement ride safety board--powers and duties--rulemaking.

316.205. 1. The amusement ride safety board shall have the following powers:

(1) To consult with engineering authorities and organizations who are studying and developing amusement ride safety standards;

(2) To adopt a code of rules and regulations governing maintenance, testing, operation, and inspection of amusement rides. The board shall have the power to adopt a safety code only for those types of amusement rides defined in the statutes. In promulgating the amusement ride safety code the board may consider any existing or future American Society for Testing and Materials (ASTM) safety standards affecting amusement rides as defined in sections 316.203 to 316.233, or any other nationally acceptable standard;

(3) To make recommendations to the state fire marshal concerning the board's findings on safety issues related to amusement rides.

2. No rule or portion of a rule promulgated pursuant to this section shall take effect unless such rule has been promulgated pursuant to chapter 536.

(L. 2000 H.B. 1434)

Effective 1-1-01

Rulemaking authority.

316.206. The director shall promulgate rules necessary to administer the provisions of sections 316.203 to 316.233 including rules for the reporting of any fatalities or serious physical injuries incurred from the operation of amusement rides, or specifically related electrical equipment, and the subsequent inspection of such amusement rides and related electrical equipment, provided that no rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1997 H.B. 276 § 3)

Operation of ride to cease, when--notification of serious incident tofire marshal--inspection, costs.

316.209. The operator of an amusement ride shall immediately cease to operate any ride upon which a fatality, serious physical injury or serious incident has occurred. The owner of such amusement ride shall immediately notify the office of the state fire marshal of such accident. The cessation shall remain in force until the department has performed an inspection of any such amusement ride or equipment and has determined that the ride or related equipment is safe for public use. The department shall cause such inspection to be initiated within twenty-four hours of receipt of the report of a fatality, serious physical injury or serious incident caused by the operation of an amusement ride and shall perform the inspection in a manner that proceeds with all practicable speed and minimizes the disruption of the amusement facility at which the amusement ride is located, as well as unrelated commercial activities. Such inspection shall be performed by a qualified inspector employed by the department either directly or through contract. The cost of any such inspection shall be paid for by the owner of the amusement ride. Such inspections may be completed immediately following the reasonable determination by the qualified inspector or by the director's designee that a principal cause of the serious physical injury was the victim's failure to comply with the posted safety rules or with verbal instructions.

(L. 1997 H.B. 276 § 4, A.L. 2000 H.B. 1434)

Effective 1-1-01

Amusement ride operation, qualifications--inspection, insurance,bond, permit.

316.210. 1. A person shall not operate an amusement ride unless the owner:

(1) Has the amusement ride inspected at least once annually by a qualified inspector, whom the owner or an insurer has provided to perform such inspection, and obtains from such qualified inspector written documentation that the inspection has been made and that the amusement ride meets nationally recognized inspection standards and is covered by the insurance required by subdivision (2) of this subsection;

(2) Has:

(a) An insurance policy currently in force written by an insurance company authorized to do business in this state in an amount of not less than one million dollars per occurrence; or

(b) A bond in the same amount as such person's policy from paragraph (a) of this subdivision, provided that the aggregate liability of the surety under such bond shall not exceed the face amount of the bond; or

(c) Cash or other surety acceptable to the department;

(3) Files with the department the inspection report and certificate of insurance verifying the policy required by this section or a photocopy of such documentation or certificate; and

(4) Has been issued a state operating permit by the department and affixed such permit to the designated amusement ride. Such permit fee shall not exceed actual administrative costs.

2. The inspection required pursuant to subdivision (1) of subsection 1 of this section shall be conducted at a minimum to meet the manufacturer's or engineer's specifications and to follow the applicable national standards.

3. The department or designee may conduct a spot inspection of any amusement ride without notice at any time while such amusement ride is operating or will be operating in this state. The department may order temporary suspension of an operating permit if it has been determined after a spot inspection to be hazardous or unsafe. Operation of such amusement ride shall not resume until the hazardous or unsafe condition has been corrected and subjected to reinspection by the department for an inspection fee established by rule.

4. All fees collected pursuant to this section shall be deposited to the credit of the elevator safety fund created pursuant to section 701.377.

(L. 2000 H.B. 1434, A.L. 2004 H.B. 1403)

Effective 1-01-05

Maintenance, inspection and accident records to be retained.

316.212. Each owner or operator shall retain on the premises or with a traveling amusement ride for at least three years all maintenance, inspection and accident records for each amusement ride. The owner shall make such records for the ride under inspection for failure or malfunction available to the director or the director's designee upon request.

(L. 1997 H.B. 276 § 5)

Portable amusement rides, itinerary to be filed, contents.

316.213. The owner or operator of portable amusement rides shall file an itinerary with the department on a department form no less than fifteen days before the operation of an amusement ride for use by the public. The itinerary shall include the following:

(1) The name of the amusement ride owner;

(2) The carnival, fair, or activity sponsor;

(3) The address and telephone number of the site;

(4) The dates open to the public; and

(5) The name of the contact person on site.

(L. 2004 H.B. 1403)

Effective 1-01-05

Director may enjoin operation of ride.

316.215. In addition to any and all other remedies, if an owner, operator or person in charge of any amusement ride covered by sections 316.203 to 316.233 continues to operate any amusement ride covered by sections 316.203 to 316.233, during the pendency of a cessation pursuant to section 316.209, then the director may petition the circuit court, in an action brought in the name of the state, for a writ of injunction to restrain the use of the alleged defective amusement ride.

(L. 1997 H.B. 276 § 6)

Penalty.

316.218. 1. Any person who knowingly operates, causes to be operated or directs someone to operate an amusement ride in violation of sections 316.203 to 316.233 is guilty of a class A misdemeanor.

2. Any person who knowingly makes a false statement, representation, or certification in an application, record, report, or other document filed or required to be maintained under sections 316.200 to 316.237 shall be guilty of a misdemeanor punishable under section 575.060.

(L. 1997 H.B. 276 § 7, A.L. 2004 H.B. 1403)

Effective 1-01-05

Exemptions.

316.221. Nonmotorized playground equipment, including but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, waterslides operated by a municipal or county park and recreation department, trampolines or swinging gates, whether or not located on a playground, are exempt from the provisions of sections 316.203 to 316.233.

(L. 1997 H.B. 276 § 8)

Political subdivisions may license and regulate.

316.224. Nothing contained in sections 316.203 to 316.233 shall prevent any political subdivision of this state from licensing or regulating any amusement ride, electrical equipment, carnival or circus as otherwise provided by law.

(L. 1997 H.B. 276 § 9)

Liability of owner and state.

316.227. Sections 316.203 to 316.233 shall not be construed to alter the duty of care or the liability of an owner of an amusement ride for injuries or death to any person or damage to any property arising out of an accident involving an amusement ride. Sections 316.203 to 316.233 shall not be construed to alter the duty of care of a passenger of an amusement ride or parent or guardian of such passenger for injuries or death to any person or damage to any property arising out of an accident involving an amusement ride. The state and its officers and employees shall not be construed to assume liability arising out of an accident involving an amusement ride by reason of administration of sections 316.203 to 316.233.

(L. 1997 H.B. 276 § 10)

Passenger to obey rules--prohibited acts--penalty.

316.230. 1. A passenger on an amusement ride shall, at a minimum:

(1) Obey the reasonable safety rules posted in accordance with sections 316.203 to 316.233 and oral instructions for an amusement ride issued by the amusement owner or such owner's employee or agent, unless:

(a) The safety rules are contrary to sections 316.203 to 316.233; or

(b) The oral instructions are contrary to sections 316.203 to 316.233 or the safety rules; and

(2) Refrain from acting in any manner that may cause or contribute to injuring such passenger or others, including:

(a) Interfering with safe operation of the amusement ride;

(b) Not engaging any safety devices that are provided;

(c) Disconnecting or disabling a safety device except at the express instruction of the operator;

(d) Altering or enhancing the intended speed, course or direction of an amusement ride;

(e) Extending arms and legs beyond the carrier or seating area except at the express direction of the ride or attraction operator;

(f) Throwing, dropping or expelling an object from or toward an amusement ride;

(g) Getting on or off an amusement ride except at the designated time and area, if any, at the direction of the ride operator, or in an emergency; and

(h) Unreasonably controlling the speed or direction of such passenger or an amusement ride that requires the passenger to control or direct himself or herself or a device.

2. Any person who violates the provisions of this section shall be guilty of a class A misdemeanor.

(L. 1997 H.B. 276 § 11, A.L. 2004 H.B. 1403)

Effective 1-01-05

Passenger may not ride, when.

316.233. An amusement ride passenger shall not get on, enter, or attempt to get on an amusement ride unless the passenger reasonably determines that, at a minimum, he or she:

(1) Has sufficient knowledge to use, get on, enter, or get off the amusement ride safely without instruction or has requested and received before getting on the ride sufficient information to get on, use, enter, or get off safely;

(2) Has located, reviewed and understood any signs in the vicinity of the ride and has satisfied any posted height, medical or other restrictions and abided by all rules, regulations and restrictions;

(3) Is not under the influence of alcohol or any drug that affects his or her ability to safely use the amusement ride or obey the posted rules or oral instructions; and

(4) Is authorized by the amusement owner or such owner's authorized servant, agent or employee to get on the amusement ride.

(L. 1997 H.B. 276 § 12, A.L. 2004 H.B. 1403)

Effective 1-01-05

Rules, effective, when--invalid and void, when.

316.237. Any rule or portion of a rule promulgated pursuant to sections 316.200 to 316.237 shall become effective only as provided pursuant to chapter 536 including but not limited to section 536.028, if applicable, after August 28, 1997. All rulemaking authority delegated prior to August 28, 1997, is of no force and effect and repealed. The provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, if applicable, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void.

(L. 1997 H.B. 276 § 14)

Rock climbing walls, subject to amusement ride regulations, when.

316.238. All rock climbing walls over ten feet tall operated in this state, except as provided in paragraphs (d) and (e) of subdivision (1) of section 316.203, shall be subject to the same rules and regulations as amusement rides pursuant to sections 316.200 to 316.238.

(L. 2004 H.B. 1403)

Effective 1-01-05

Ethan's Law--maintenance of adequate insurance required,when--definitions--violations, penalty.

316.250. 1. This section shall be known and may be cited as "Ethan's Law".

2. Every owner of a for-profit private swimming pool or facility shall maintain adequate insurance coverage in an amount of not less than one million dollars per occurrence for any liability incurred in the event of injury or death of a patron to such swimming pool or facility, including any liability incurred under paragraph (b) of subdivision (3) of section 537.348. Such owners shall be required to register with the department of public safety and provide proof of such insurance coverage at the time of registration and when requested by any state or local governmental agency responsible for the enforcement of this section.

3. As used in this section, the following terms shall mean:

(1) "Owner", the owner of the land, including but not limited to a lessee, tenant, mortgagee in possession and the person in charge of the land on which a swimming pool is located;

(2) "Swimming pool or facility", any for-profit privately owned tank or body of water with a capacity of less than five hundred patrons which charges a fee per admission and is used and maintained for swimming or bathing purposes which has a maximum depth of greater than twenty-four inches. "Swimming pool or facility" shall include, but not be limited to, a swimming pool on lands in connection with the operation of any type of for-profit privately owned amusement or recreational park. "Swimming pool or facility" does not include a swimming pool or facility owned by a hotel, motel, public or governmental body, agency, or authority, a naturally occurring body of water or stream, or a body of water established by a person or persons and used for watering livestock, irrigation, or storm water management.

4. Any owner who violates the provisions of this section shall not be permitted to remain in operation until such owner meets the requirements of this section. Any such owner who allows operation of a swimming pool or facility in violation of this section shall be subject to a civil penalty of two hundred fifty dollars per day for each day of continued violation up to a maximum of ten thousand dollars and may be subject to liability for the costs incurred by the state or a political subdivision for enforcing the provisions of this section. In a separate court action, the attorney general may seek reimbursement on behalf of the state and a political subdivision may seek reimbursement on behalf of the political subdivision for costs incurred as a result of enforcing the provisions of this section. For purposes of this section, "each day of the violation" means each day that the swimming pool is operational and open for business and remains in violation of this section. It shall not include days that the swimming pool is not operational and open for business.

5. In addition, any owner who intentionally violates the provisions of this section is guilty of a class A misdemeanor. It shall be the duty of each prosecuting attorney and circuit attorney in their respective jurisdictions to commence any criminal actions under this section, and the attorney general shall have concurrent original jurisdiction to commence such criminal actions throughout the state where such violations have occurred.

6. The department of public safety shall implement and, with the assistance of local law enforcement agencies, enforce the provisions of this section.

7. An insurance company providing insurance coverage under this section shall notify the department of public safety if any owner of a swimming pool or facility as defined in this section terminates, cancels, or fails to renew such coverage. The department may utilize local law enforcement agencies to enforce the provisions of this section.

(L. 2008 H.B. 1341)

Effective 6-06-08

Hairstyling, employees engaged in at public venues not subject toChapter 329, when.

316.265. No employee or employer primarily engaged in the practice of combing, braiding, or curling hair without the use of potentially harmful chemicals shall be subject to the provisions of chapter 329 while working in conjunction with any licensee for any public amusement or entertainment venue as defined in this chapter.

(L. 2014 S.B. 808)


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