2015 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.
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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
(e)
(f)
(4)
(a)
(b)
(c)
(d)
(5)
(a)
resulted in civil penalties assessed against the applicant, any 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.
(6)
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) 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.
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