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2017 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 3 - Insurance
Chapter 89 - Casualty Insurance
Subchapter 5 - Amusement Ride and Amusement Attraction Safety Insurance Act
§ 23-89-505. Safety inspections, notice, and insurance required
Universal Citation: AR Code § 23-89-505 (2017)
- (a) Any person or entity desiring to operate any amusement attraction or amusement ride in this state, other than those specifically exempted in this subchapter, shall as a condition thereof obtain a safety inspection report issued by the owner or operator's liability insurer or an inspector employed by the Department of Labor prior to commencing operation or opening to the public.
- (b) Each person or entity desiring to operate any amusement attraction or amusement ride in this state, other than those specifically exempted in this subchapter, shall be covered by a policy of insurance issued by an insurance company authorized to do business in Arkansas or by a surplus lines insurer approved in Arkansas and insuring the owner or operator against liability for personal injury or property damage arising out of the use or operation of the amusement attraction or amusement ride, in the minimum amount of one million dollars ($1,000,000) for each incident or occurrence.
- (c)
- (1) Any person or entity intending to operate an amusement attraction or amusement ride in this state shall notify the Director of the Department of Labor of such intent and shall notify the director of the location, dates, and times of intended operation.
- (2) The notice must be made to the director four (4) days prior to intended operation, excluding Saturdays, Sundays, or any legal holidays.
- (d) Any person or entity failing to comply with subsection (c) of this section shall be subject to an administrative penalty issued by the director of no more than five thousand dollars ($5,000) in addition to other penalties, both administrative and criminal, contained in this subchapter.
- (e) The owner, manager, or operator shall:
- (1) Promptly file proof of insurance with each fair board, sponsoring organization, lessor, landowner, or other person responsible for an amusement attraction or amusement ride being offered for use by the public for each location in this state where each amusement attraction or amusement ride is in operation or is scheduled to be in operation; and
- (2) Provide a copy of any safety inspection report to the fair board, sponsoring organization, lessor, landowner, or other person responsible for an amusement attraction or amusement ride being offered for use by the public, upon request or pursuant to contractual agreement.
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