2013 Kentucky Revised Statutes CHAPTER 247 - PROMOTION OF AGRICULTURE AND HORTICULTURE 247.234 Business identification number required -- Fee -- Liability insurance -- Inspections -- Injunction -- Pre-opening inspections -- Unpaid civil penalties to remain in effect and on record.
Download as PDF
247.234 Business identification number required -- Fee -- Liability insurance
-- Inspections -- Injunction -- Pre-opening inspections -- Unpaid civil
penalties to remain in effect and on record.
(1)
(2)
(3)
Every owner of an amusement ride or attraction shall be required to complete
an application for a business identification number on a form provided by the
department.
No amusement ride or attraction shall be operated in this state without a
business identification number issued by the Commissioner to the owner of the
equipment. The business identification number shall be kept on site and
viewable upon request.
(a) The business identification number required by this section shall be valid
for a period of one (1) year and shall be issued in accordance with
administrative regulations promulgated by the Commissioner.
(b) A business identification number shall be issued to each owner to operate
any amusement ride or attraction in this state. An inspection fee, which
shall be determined by administrative regulations promulgated by the
Commissioner, shall be levied for each amusement ride or attraction. The
fee shall be based on the complexity of the ride or attraction and shall not
be less than ten dollars ($10) nor more than five hundred dollars ($500).
The cost of all inspections shall be paid by the owner of the amusement
ride or attraction and may be prepaid, but shall be paid no later than the
day of the inspection.
(c) The applicant shall furnish proof of liability insurance in effect on the
operation of each amusement ride or attraction providing coverage, with
an insurer authorized to issue a policy in this state, in the amount of not
less than five hundred thousand dollars ($500,000) due to all bodily
injuries or deaths per occurrence, or in lieu thereof, if the applicant's
amusement ride or amusement attraction is one that is permanently
located or erected on a site in this state, the applicant shall be required
only to provide proof of financial responsibility in the sum of five hundred
thousand dollars ($500,000). Every insurance carrier of these policies
shall notify the Commissioner at least thirty (30) days prior to cancellation
of a policy for mobile amusement rides or attractions and at least ten (10)
days prior to cancellation of a policy for permanent amusement rides or
attractions.
(d) In addition to proof of adequate insurance coverage, the applicant shall
furnish any other information the Commissioner may require, including but
not limited to:
1.
Written notice of each intended operating site to be received by the
Commissioner at least fourteen (14) days prior to operation at that
site. In cases of emergency, notice of a change in future plans may
be given to the Commissioner by telephone. Insurance requirements
for amusement rides and attractions operated at the Kentucky State
Fair may be adjusted by the Commissioner to any amount
reasonably necessary to ensure adequate coverage; and
2.
A written list of prior violations of KRS 247.232 to 247.236 that
resulted in civil penalties assessed against the applicant, any
(e)
(f)
(4)
(a)
(b)
(c)
(d)
(5)
(a)
employee of the applicant, or any officer or manager if the applicant
is a partnership or corporation.
The Commissioner shall provide for an inspection of each amusement
ride or attraction before it may be operated in this state. The
Commissioner shall designate persons qualified by education or
experience, who are capable of determining amusement safety in
accordance with administrative regulations promulgated in accordance
with KRS 247.232 to 247.236, as amusement safety inspectors.
A Kentucky inspection seal shall be affixed to every individual
amusement ride or attraction, or other location as determined by the
Commissioner, before it may be operated in this state.
In addition to a mandatory initial inspection, required in subsection (3)(d)
of this section, the Commissioner may inspect amusement rides and
attractions without notice at any time while operating in this state. There
will be no charge for additional inspections in which safety violations are
not found. In regard to situations in which safety violations are found, the
Commissioner may charge an inspection fee not to exceed five hundred
dollars ($500) for any future inspection necessary. The corrections of
these safety violations shall comply with accepted standards of safety,
and shall be accomplished prior to operating the equipment in this state.
In regard to situations in which safety violations are found that cannot be
corrected immediately, the amusement ride or attraction shall cease to
operate in this state by order of the amusement safety inspector. In
addition, the amusement safety inspector shall conspicuously post a
public notice on or near the amusement ride or attraction. The notice shall
adequately inform the public of the safety violation present. Only an
amusement safety inspector employed by the department may remove
the public notice.
Any owner who continues to operate an amusement ride or attraction
after an order to cease operation has been issued shall have his business
identification number revoked and may be subject to further penalties
provided in KRS 247.233. In addition, the county attorney of each county
and the Commissioner of Agriculture or the Commissioner's agents are
hereby authorized to seek an injunction against the owner or operator of
any amusement ride or attraction being operated in violation of KRS
247.232 to 247.236.
Revenue generated by this section and KRS 247.233 shall be used for
the implementation and administration of KRS 247.232 to 247.236; the
balance, if any, shall not lapse but shall be carried forward to the next
fiscal year.
An owner of an amusement ride or attraction shall:
1.
Conduct a pre-opening inspection and test of the ride or attraction
prior to admitting the public each day the ride or attraction is
intended to be used; and
2.
Maintain for at least the previous twelve (12) months a signed
record of the required pre-opening inspections and tests and any
other pertinent information as required by the Commissioner.
(b)
(6)
The Commissioner may revoke the business identification number of any
owner who fails to conduct the required pre-opening inspections and tests
or to maintain the required reports.
All unpaid civil penalties assessed upon a person for violations of KRS 247.232
to 247.236 shall remain in effect and shall permanently remain on record with
the department regardless of whether the person:
(a) Operates amusement rides or attractions under his or her name, another
name, an assumed name, or as a sole proprietorship;
(b) Is employed by another person operating amusement rides individually,
as a sole proprietorship, or as part of a partnership or corporation; or
(c) Operates amusement rides or attractions as a member of a partnership or
corporation.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 5, sec. 1, effective June 25, 2013. -Amended 2008 Ky. Acts ch. 116, sec. 2, effective July 15, 2008. -- Amended
2006 Ky. Acts ch. 252, Pt. XXVI, sec. 2, effective January 1, 2007. -- Amended
2002 Ky. Acts ch. 268, sec. 2, effective July 15, 2002. -- Amended 1988 Ky.
Acts ch. 151, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 356,
sec. 2, effective April 9, 1986. -- Created 1984 Ky. Acts ch. 386, sec. 2, effective
July 13, 1984.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.