2012 North Dakota Century Code Title 4 Agriculture Chapter 4-02 Agricultural Fair Associations
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CHAPTER 4-02
AGRICULTURAL FAIR ASSOCIATIONS
4-02-01. Power to make regulations governing premises.
Fair associations may make rules, regulations, and provisions necessary and proper for the
government, management, and control of the premises used by them for the holding of fairs and
expositions and for the regulation of the use of such premises by and deportment of the public
thereon.
4-02-02. Director's liability limited.
The individual members of the board of directors of any fair association are not liable for the
negligence of any person, firm, corporation, or limited liability company staging any show, race,
or other amusement at any county or municipal fair, nor for the negligence of any person
employed by the board of directors or the association conducting such fair.
4-02-03. Debts - Limitation of amount.
Repealed by S.L. 1995, ch. 61, § 14.
4-02-04. Income and expenses - Membership in association and terms thereof.
An agricultural fair association may not be conducted for profit and may not have capital
stock. The bylaws of the association must provide for charges to the public for admission to the
grounds, fees for concessions, charges to exhibitors, and rental of the association's property,
and the amounts thereof may not be greater than is sufficient to discharge the association's
debts for real estate and improvements thereon, to defray the current expenses of fairs, to carry
on the business of the association, and to create a sinking fund in an amount not exceeding
twenty thousand dollars. However, if the association is receiving property tax levy funds, the
association with the consent of the board of county commissioners may establish a sinking fund
in excess of twenty thousand dollars. The method of acquiring membership in the association,
and the term of such membership, must be provided in the association's bylaws.
4-02-05. Real property - District associations - Limitations on holding.
Any district fair association may purchase, hold, or lease any quantity of land, with the
buildings and improvements erected thereon, and may sell, lease, or otherwise dispose of the
same at pleasure. The real estate shall be held for the purpose of erecting buildings and making
other improvements thereon, to promote and encourage agriculture, horticulture, mechanics,
manufactures, stockraising, and general domestic industry.
4-02-06. Exhibition dates to be filed - Penalty.
Repealed by S.L. 2011, ch. 60, § 2.
4-02-07. Treasurer to give bond - Duty of directors.
The directors of any fair association shall require the treasurer thereof to give a sufficient
bond to such directors, conditioned for the faithful keeping of such money as may come into the
treasurer's hands as such treasurer. No funds shall be received by the treasurer of a fair
association until the treasurer is properly bonded.
4-02-08. Organization under corporation laws.
A fair association may be organized by three or more persons as in the case of other
corporations, with all the rights, privileges, and liabilities pertaining to corporations under the
corporation laws of this state, including the rights and privileges specified in sections 4-02-04
and 4-02-05.
4-02-09. Fairs - Location at Grand Forks and Fargo.
Repealed by S.L. 1995, ch. 61, § 14.
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4-02-10. Purpose of fair associations.
An association conducting a fair under any provision of this chapter shall exhibit agricultural,
livestock, horticultural, mining, mechanical, industrial, and other products and resources of the
state of North Dakota, including proper exhibits of the arts and sciences, and may exhibit other
public displays of human art, industry, and skill.
4-02-11. Premises - Custody and control.
Repealed by S.L. 1995, ch. 61, § 14.
4-02-12. Nonliability of state for debts - Exception.
The state shall not be liable for any of the debts or liabilities of a fair association except as
appropriations are made therefor from time to time by the legislative assembly.
4-02-13. Board of directors - State associations.
Repealed by S.L. 1961, ch. 332, § 26.
4-02-14. Executive committee appointed by directors - Duties.
Repealed by S.L. 1961, ch. 332, § 26.
4-02-15. Association may lease property.
Repealed by S.L. 1995, ch. 61, § 14.
4-02-16. Failure of association to comply with chapter.
Repealed by S.L. 1965, ch. 73, § 38.
4-02-17. District fair - Location.
Repealed by S.L. 1979, ch. 92, § 3.
4-02-18. Premises of district fair - Custody and control.
Repealed by S.L. 1979, ch. 92, § 3.
4-02-19. Minot district fair - Title to land.
Repealed by S.L. 1979, ch. 92, § 3.
4-02-20. Board of directors of Minot fair.
Repealed by S.L. 1979, ch. 92, § 3.
4-02-21. Board of directors of Mandan fair.
Repealed by S.L. 1971, ch. 86, § 3.
4-02-22. Executive committee appointed by directors - Duties.
Repealed by S.L. 1979, ch. 92, § 3.
4-02-23. Townships, municipalities may contribute to district fair associations.
Repealed by S.L. 1979, ch. 92, § 3.
4-02-24. Disposition of money contributed.
Repealed by S.L. 1979, ch. 92, § 3.
4-02-25. Report of prize list to be given.
Repealed by S.L. 1979, ch. 92, § 3.
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4-02-26. County fairs - Association - Aiding.
A county fair association may be organized in any county having taxable property of a
taxable valuation of not less than seven hundred fifty thousand dollars. The executive officers
and directors must be residents of the county. The association may apply to the board of county
commissioners of the county for a grant to aid in the erection of suitable buildings and other
improvements to accommodate its patrons and exhibits, and to pay premiums and expenses
that may be awarded on such exhibits at any fair. An application for the grant must be in writing
and must state the incorporation of the association, the names and places of residence of all its
executive officers, and the ownership of real property in the county sufficient in area for the
purpose of its fair and of the value of at least two thousand five hundred dollars. If the board of
county commissioners is satisfied that the statements in the application are true and that the
association intends in good faith to hold a fair within the county annually for the exhibition of
agricultural, horticultural, mechanical, and manufactured products of the county, and of such
articles as are usually exhibited at fairs, it may levy for the first year's grant of aid a tax not
exceeding the limitation in section 57-15-06.7 which must be collected as other taxes are
collected. If the tax is levied, the board of county commissioners shall pay to the secretary of the
association, not later than July thirty-first thereafter, the amount of the tax levied and shall take
the receipt of the association therefor. The board of county commissioners may continue the
levy under this section after the first year's grant of aid upon the board's own motion.
4-02-26.1. County fair authorization - Forfeiture.
Any county fair association which fails to hold a county fair for ten years shall forfeit its
official authorization. After such time, other fair associations may organize within a county and
apply to the board of county commissioners for official county fair authorization and aid as
provided by this chapter.
4-02-27. Reports required of county fair associations - Tax levies for support thereof.
Any county fair association receiving the aid provided for in this chapter, at the regular
meeting of the board of county commissioners held in the month of January following the
holding of such county fair, shall make a full report to the board of all moneys received by it from
all sources and of all disbursements. The report must show the amount of the debts and the
amount of moneys in the treasury of the association, and the amount of any deficit after the
payment of its expenses, and must contain an estimate of the amount, if any, which it will be
necessary to raise above the estimated ordinary receipts of the association for the purposes of
its fair for the ensuing year. The report and estimate must be verified by the oath of the
president, or vice president, the secretary, treasurer, and a majority of the board of directors of
the association. After the filing and approval of the report, the board of county commissioners
shall levy a tax for the current year equal to the estimate contained in the association's report, if
the report filed shows that the funds have been expended legally and if the levy has been
approved by the voters or the board of county commissioners, as required by law. The tax levied
for the current year may not exceed the limitation in section 57-15-06.7, and the amount levied
must be paid to the association as provided in section 4-02-26.
4-02-27.1. Additional levy authorized.
The board of county commissioners may, by appropriate resolution, submit to the electors of
the county at the next special or general election, the question of whether an annual tax levy, in
addition to the levy provided in section 4-02-27, shall be authorized for the purposes of aiding a
county fair association. If an additional levy is approved by the electors, the board of county
commissioners may make the additional annual levy, not to exceed the limitation in section
57-15-06.7, and disburse the proceeds in the manner provided in section 4-02-27 for the levy
and disbursement of other county fair association aid funds. The failure of the electors to
approve any additional mill levy under this section may not be construed as invalidating a levy
approved prior to the election.
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4-02-27.2. Additional levy in certain counties.
The board of county commissioners of any county, when petitioned by at least five percent
of the qualified electors of the county, including qualified electors residing in at least one-half of
the voting precincts of the county as determined by the number of votes cast in the county for
the office of governor at the preceding general election, shall submit to the qualified electors of
the county at any general election or special election called for such purpose, the proposition of
authorizing the board of county commissioners to purchase or lease in the name of the county
not to exceed two hundred forty acres [97.12 hectares] of real estate and to construct thereon
such buildings and other improvements as may be deemed desirable for the conduct of a
county fair and authorizing the board of county commissioners, if the county general fund is
deemed insufficient to provide funds therefor, to levy a tax not exceeding the limitation in
subsection 2 of section 57-15-06.7. If a majority of the votes cast by qualified electors on the
question at the election are in favor of the proposition, including the proposed levy, the tax must
be levied and collected as are other property taxes, with the proceeds to be placed into a fund
to be known as the "county fair fund". The tax is in addition to any mill levy limitations provided
by law, including the levies authorized by sections 4-02-27 and 4-02-27.1.
4-02-27.3. Disposition of property.
Any property used for county fair purposes may be sold by the board of county
commissioners upon such terms and conditions as the board shall determine, and the proceeds
of such sale shall be placed in the county fair fund and used exclusively for county fair
purposes, provided that if the county fails to hold a fair within the county for two successive
years, any property on hand may be sold and the proceeds of such sale, together with any other
unexpended balance in the county fair fund, at the discretion of the board of county
commissioners, may be transferred to the county general fund. The levy of the tax authorized by
section 4-02-27.2, expenditures of the proceeds thereof, and the conduct of the fair shall be
governed by sections 4-02-07 through 4-02-31 to the extent such sections are consistent with
section 4-02-27.2 and this section.
4-02-28. Associations entitled to aid.
The aid provided for by this chapter shall not be granted to more than one agricultural
association in any one county or to any association organized for profit.
4-02-29. Levy of taxes to cease when fair not held - Misappropriation of funds.
The board of county commissioners shall refuse to make a further levy of taxes for any
association failing to hold a fair within the county in any year for which it has received aid from
the county. In such a case, the board of county commissioners shall inquire into the disposition
of moneys paid by the county to the association after its last annual report, and if there has
been any misappropriation it shall institute proceedings at once to recover the sum
misappropriated. For any such misappropriation, the officers, trustees, or directors of the
association shall be liable personally to the county.
4-02-30. Tax to be submitted to vote.
If the board of county commissioners has voted and ordered a tax levied in aid of an
agricultural fair and a petition is addressed to the board, asking the discontinuance of the tax
and containing the signatures of the qualified electors of the county in a number equal to twenty
percent of the total vote cast in the county at the last preceding general election, and the petition
is filed in the office of the county auditor, the board shall submit to the qualified electors of the
county at the next succeeding general election the question of whether or not the levying of the
tax shall be continued. The ballot must be in the following form:
Shall the board of county commissioners continue the annual levy
Yes ☐
of a tax in aid of a county fair?
No ☐
If a majority of all the ballots cast on the question at the election is in favor of discontinuing the
tax, the board of county commissioners may not thereafter levy any tax under this chapter until
the question of resuming the annual levy and collection of the tax is submitted to a vote of the
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qualified electors of the county. The ballots to be used at the election must be in the following
form:
Shall the board of county commissioners resume the annual levy
Yes ☐
of a tax in aid of a county fair?
No ☐
If a majority of all of the ballots cast on the question at the election is in favor of resuming the
tax, the board of county commissioners shall resume the annual levy as long as the provisions
of section 4-02-29 are complied with and until otherwise directed as herein provided.
Before every election, the county auditor shall certify and give notice of the submission of
the question as provided by law.
4-02-31. Purchase or lease of land - Election required.
The board of county commissioners in any county in the state may submit, or when
petitioned by at least five percent of the qualified electors of the county in at least one-half of the
voting precincts, based upon the votes cast in the county for secretary of state at the last
general election, shall submit, to the qualified electors of the county at any general election the
proposition of purchasing or leasing not more than eighty acres [32.37 hectares] of land in the
name of the county to be used for county fair purposes. If a majority of the qualified electors
voting on the question at the election vote in favor of purchasing or leasing land for such
purposes, the board of county commissioners shall purchase or lease, in conformity with this
chapter, a tract of land not to exceed eighty acres [32.37 hectares], in the name of the county.
The board of county commissioners shall construct such buildings and improvements on the
land as it shall deem necessary for the operation and management of the fair. The election on
the purchase or lease of land must be conducted and the votes counted as at other elections.
4-02-32. Expenses of leasing and purchasing - How paid.
Repealed by S.L. 1995, ch. 61, § 14.
4-02-33. Board of county commissioners to make rules and regulations governing
county fair.
Repealed by S.L. 1995, ch. 61, § 14.
4-02-34. Moneys received and expended - Regulations governing.
Repealed by S.L. 1995, ch. 61, § 14.
4-02-35. County fair fund - Transfer to county general fund.
The board of county commissioners of any county in which a county fair has not been held
for five consecutive years may transfer any funds in the county fair fund or funds levied or
budgeted for county fairs to the county general fund to be used for general county purposes.
4-02-36. Chapter not applicable to state fair association.
The provisions of this chapter shall not be applicable to the holding of the state fair and shall
not apply to the North Dakota state fair association.
4-02-37. Multicounty fairs - Association - Tax levy.
A county fair association may be organized in two or more counties having taxable property
of a taxable valuation of not less than seven hundred fifty thousand dollars. The executive
officers and directors must be residents of the counties. The association may apply to the
boards of county commissioners of the counties for a grant to aid in the erection of suitable
buildings and other improvements to accommodate its patrons and exhibits, and to pay
premiums and expenses that may be awarded on such exhibits at any fair. An application for the
grant must be in writing and must state the incorporation of the association, the names and
places of residence of all its executive officers, and the ownership of real property in one of the
counties sufficient in area for the purpose of its fair and the value of at least two thousand five
hundred dollars. If the boards of county commissioners are satisfied that the statements in the
application are true and that the association intends in good faith to hold a fair within one of the
Page No. 5
counties annually for the exhibition of agricultural, horticultural, mechanical, and manufactured
products of the county, and of such articles as are usually exhibited at fairs, it may levy for the
first year's grant of aid a tax not exceeding the limitation in section 57-15-06.8, and it must be
collected as other taxes are collected. If the tax is levied, the boards of county commissioners
shall pay to the secretary of the association, not later than July thirty-first thereafter, the amount
of tax levied and shall take the receipt of the association therefor. A multicounty fair association
authorized by this section and the boards of county commissioners of such counties may do all
the things allowed by law that a county fair association organized under section 4-02-26 may
do.
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