2019 New York Laws
LAB - Labor
Article 27 - Carnival, Fair and Amusement Park Safety
870-D - Issuance of Permit.

§  870-d.  Issuance  of  permit. No amusement device, viewing stand or
tent may be operated in  the  state  without  a  permit  issued  by  the
commissioner  except  as  provided in section eight hundred seventy-m of
this article.   Such permits are not  transferable  and  if  any  permit
holder  voluntarily  discontinues  operation  of  the  amusement device,
viewing  stand  or  tent,  all  rights  secured  under  the  permit  are
terminated.
  1.  Before  commencement  of the operation of a permanent or temporary
device, viewing stand or tent, the owner or lessee  shall  make  written
application  to the commissioner for a permit to operate, which shall be
accompanied by an annual non-refundable fee of one hundred  dollars  for
each  amusement  ride  device. The permit shall be valid for a period of
one year.
  2. No temporary device, viewing stand or tent shall  be  used  at  any
time  or  location  unless  prior  notice of intent to use same has been
given to the commissioner. Notice of planned schedules shall (a)  be  in
writing,  (b)  identify the temporary device, viewing stand or tent, (c)
state the intended dates and locations of use,  (d)  be  mailed  to  the
commissioner  at  least  fifteen  days before the first intended date of
use.
  3. A permit to operate shall be issued to the owner or  lessee  of  an
amusement device, viewing stand or tent when:
  (a) written application has been made to the commissioner;
  (b)  the  amusement  device,  viewing  stand  or  tent  has passed all
required inspections; and
  (c) the liability insurance or bond required by section eight  hundred
seventy-f of this article has been met in the amount prescribed.
  4.  The  commissioner  may  revoke  any permit issued pursuant to this
article if it is determined that an amusement device, viewing  stand  or
tent is:
  (a) being used or operated without the inspections required by section
eight hundred seventy-e of this article; or
  (b)  being  used  or  operated without the insurance or other security
required by section eight hundred seventy-f of this article; or
  (c) being used or operated with a  mechanical,  structural  or  design
defect  which presents an excessive risk of serious injury to passengers
or members of the public.
  5. Any other violation of this article may  result  in  a  revocation,
provided  that written notice of non-compliance is served upon the owner
specifying any violation of this article  and  directing  the  owner  to
correct such violations within thirty days of receipt of such notice.
  6.  Nothing  herein  shall prevent an owner whose permit to operate an
amusement device, viewing stand or tent has  been  revoked  pursuant  to
this  section  from  reapplying  for  a  permit  in accordance with this
article.