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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : PUBLIC SAFETY AND MORALS
Chapter : Chapter 316 Shows, Circuses, Amusement Buildings and Festivals
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The county commissions of the several counties in this state are
hereby authorized to impose from time to time, by an order or orders
entered of record, such tax as they may deem proper and reasonable upon
all public theatrical and minstrel performances, shows and circuses, or
any other public exhibition in said several counties; provided, that
nothing in this section shall be so construed as to apply to any
educational, religious or charitable exhibition. (RSMo 1939 § 15447)
Prior revisions: 1929 § 14323; 1919 § 11650; 1909 § 11220
It shall be the duty of the clerks of said commissions to make
out and deliver a copy of said order to the sheriff of the county. Such
copy, duly certified, shall have the force and effect of an execution
against the property so exhibited or persons so exhibiting, and said
sheriff shall be liable on his official bond for any default or neglect
in collecting the same. (RSMo 1939 § 15448, A. 1949 S.B. 1116) Prior
revisions: 1929 § 14324; 1919 § 11651; 1909 § 11221
The money collected shall be paid into the county treasury, and
shall go to and form a part of the school fund of the county. The
treasurer of the county to whom such money is paid shall give the sheriff
who pays it duplicate receipts, one of which shall be deposited with the
clerk of the county commission, and shall discharge the sheriff, and the
same shall be charged to the treasurer as other county school funds.
(RSMo 1939 § 15449) Prior revisions: 1929 § 14325; 1919 § 11652; 1909 §
11222
The county commission of all counties shall, not later than the
month of November in each year, impose by order entered of record a
license tax such as the commission may deem proper and reasonable, to
become effective on the succeeding first day of January of each year,
upon all theatrical or minstrel performances, exhibitions, shows,
circuses, menageries, skating rinks, professional athletic exhibitions,
dance halls, penny or picture arcade, theater or motion picture theater,
drive-in theaters, cabaret or floor show, amusement hall or parlor, music
hall or room or other commercial amusement place, miniature golf courses,
pony rides, pinball machines, marble machines, music vending machines and
any other device operated by the insertion of a coin, disc or other
insertion piece, whether or not also manipulated by the operator, and
which operates for the amusement of the operator, whether or not by
registering a score, except machines or devices used bona fide and solely
for the vending of service, food, confections or merchandise; any other
kind of public exhibitions, or scenic or gravity railways, cane racks,
shooting galleries, baby racks, or other kind of avocations set up in
connection therewith; and it shall be unlawful for any person,
association, company, corporation or partnership of persons, except if
the same be for religious, educational or charitable purposes, then it
shall be exempt from such license tax, to give, perform or present,
exhibit or set up any theatrical or minstrel performances, exhibits,
shows, circuses, menageries, skating rinks, professional athletic
exhibitions, dance halls, penny or picture arcade, theater or motion
picture theater, drive-in theaters, cabaret or floor show, amusement hall
or parlor, music hall or room or other commercial amusement place,
miniature golf courses, pony rides, pinball machines, marble machines,
music vending machines and any other device operated by the insertion of
a coin, disc or other insertion piece, whether or not also manipulated by
the operator, and which operates for the amusement of the operator,
whether or not by registering a score, except machines or devices used
bona fide and solely for the vending of service, food, confections or
merchandise; any other kind of public exhibitions, or scenic or gravity
railways, cane racks, shooting galleries, baby racks, or other kind of
avocations set up in connection therewith, without first taking out a
license therefor from the county clerk and paying the license tax imposed
by the county commission as aforesaid, which shall be paid into the
county treasury for the use of the general fund of the county; provided,
that in any such county having a county license inspector it shall be his
duty to diligently see that all such licenses are taken out and that such
license taxes are paid, and he shall make such reports and perform his
duties under such regulations as may be prescribed by the county
commission. (RSMo 1939 § 15451, A.L. 1945 p. 1729, A. 1949 S.B. 1116,
A.L. 1957 p. 718, A.L. 1979 H.B. 148) Prior revisions: 1929 § 14327; 1919
§ 11654; 1909 § 11224
The county commissions of all counties of class one, in addition
to other penalties imposed, are empowered in addition to the license tax
imposed by section 316.040, to levy a penalty of one percent per month
upon any person, firm or corporation who fails to pay the license tax
imposed by section 316.040 by the first day of February of each year. (L.
1957 p. 718 § 316.041)
Any person, association, company, corporation or copartnership
of persons who shall violate any provisions of section 316.040 shall, on
conviction thereof, be adjudged guilty of a misdemeanor, and punished by
a fine not exceeding one hundred dollars or less than twenty-five
dollars, or by imprisonment in the county jail for a term not less than
ten days nor more than six months, or by both such fine and imprisonment.
(RSMo 1939 § 15452) Prior revisions: 1929 § 14328; 1919 § 11655; 1909 §
11225
1. In every building used as a place of assembly for public
amusement in which seats in rows are provided individual seats shall be
provided for all persons congregating therein. The width of seats or
chairs shall not be less than eighteen inches measured from center to
center. Seats in rows, whether fixed or movable, except in boxes or loges
not exceeding sixty square feet in area and in existing balconies of
concrete construction having fixed seats, shall not be less than
twenty-eight inches apart from back to back. The number of seats in any
row, extending from one longitudinal aisle to another, shall not exceed
eighteen, so that no seat shall have more than eight seats intervening
between it and an aisle, and the number of seats extending from a wall to
a longitudinal aisle shall not exceed nine; provided, however, that if
the seats are fixed chairs with self-raising seats, so spaced that when
the seats are raised there is an unobstructed space of not less than
eighteen inches horizontal projection between the rows of seats, and if
doorways leading directly to exit corridors are provided not more than
five feet apart along the sides of the auditorium, the number of seats in
a row may be not more than twenty-five. In buildings regularly used as
places of assembly for theatrical, operatic or similar performances or
for the display of motion pictures, the seats, except in boxes or loges
not exceeding sixty square feet in area, shall be fixed and shall be
separated by arms. In boxes or loges, not exceeding sixty square feet in
area, and in other locations where loose chairs are permitted, not more
than one chair shall be provided for each six square feet of floor space.
2. Every aisle shall lead to an exit door or to a cross aisle; that is,
an aisle running parallel with the seat rows and leading to an exit door.
No main floor longitudinal aisle of expanding width shall be less than
twenty-seven inches wide at any point and where such means of exit
accommodates more than one hundred and eighty persons the width thereof
shall be increased. Main floor longitudinal aisles increasing gradually
in width in the direction of exit travel shall be of such width that the
number of persons to be accommodated at any point does not exceed one
hundred and twenty persons per eighteen inches of width. If main floor
aisles are of a constant width, in theaters having a capacity of four
hundred and fifty seats or less on the main floor, the width of the
aisles shall be not less than thirty-two inches; in theaters having a
capacity of more than four hundred and fifty seats but less than seven
hundred and fifty seats on the main floor, the width of the aisle shall
be not less than thirty-six inches; and in theaters having a capacity of
more than seven hundred and fifty seats on the main floor, the width of
the aisle shall be not less than forty-two inches. Main floor aisles
having seats on one side only shall be not less than twenty-eight inches
wide in theaters having a capacity of four hundred and fifty seats or
less on the main floor; not less than thirty inches in theaters having a
capacity of more than four hundred and fifty seats and less than seven
hundred and fifty seats on the main floor; not less than thirty-two
inches in theaters having a capacity of more than seven hundred and fifty
seats on the main floor. Main floor cross aisles shall not be less in
width than the widest aisle with which they connect. Every auxiliary
floor longitudinal aisle shall be at least twenty-eight inches wide.
Steps shall not be placed in aisles unless the gradient would exceed
one-foot rise in each ten-feet run. Steps, when necessary, shall be
grouped, and, so far as practicable, isolated steps shall be avoided.
Such steps shall extend across the full width of the aisles. No riser
shall be more than eight inches in height, and no tread shall be less
than nine inches in width, and whenever the riser of seat platforms is
four inches or less, the floor of the aisles shall be made as a gradient.
All aisles shall be illuminated. Aisles shall be used only for passage to
and from seats and shall be kept unobstructed at all times.
3. "Exit" or "exit way" means the exit doorway or doorways, or such
doorways together with connecting hallways, passageways, or stairways, to
which persons may pass safely from a room or space to a street or to any
open space which provides safe access to a street. Exits or exit ways
from any room may lead through other rooms of the same or other
tenancies. There shall be a minimum of two exits on the main floor of
every such building, one being located at the front and the other being
located at the rear of the building. Side exits easily accessible may be
installed in place of rear exits. Such exits shall have a minimum width
of thirty-six inches and shall have a combined or aggregate width of not
less than twenty-two inches for each one hundred seats or major fraction
thereof up to and including one thousand seats with one foot additional
width for each additional one hundred seats or major fraction thereof, up
to and including two thousand seats, and an additional six inches for
each additional one hundred seats or major fraction thereof over two
thousand seats. All exit doors shall be arranged to swing outward and be
so constructed that they can be readily opened from the inside with
pressure, and shall never be locked or fastened when the room is open to
the public. All such exit doors shall be open upon a well-lighted street,
alley, or private passageway having unobstructed access to a street or
another alley. Each exit door must have a light above each doorway with
"EXIT" in letters large enough to be read from any part of the room, and,
where electricity is used for the illumination of these signs, the
current shall be on a circuit separate from general house lights.
Balconies, galleries, tiers, or other spaces having a capacity of more
than two hundred persons each, shall have at least two exit ways and,
where the capacity is more than six hundred persons, at least three exit
ways, and, where the capacity is more than one thousand persons, at least
four exit ways. Such required exit ways may use communicating hallways,
corridors, or passageways.
4. All scenery and curtains shall be made as secure against becoming
inflamed as reasonably practicable, and also all reasonably practicable
arrangements shall be made for the constant supply of water or other
means for the extinguishment of fires, and they shall be kept constantly
effective during the presence of an audience; provided, however, that any
building or structure coming under the provisions of sections 316.060 to
316.100 that has, or may be required to have under the provisions of this
section, only one center aisle, such aisle shall be of constant width,
and that width shall not be less than the widest minimum width of such
aisle provided in this section; and provided further, that any provision
of this section relating to the type of seats required shall not apply to
any building or structure to which sections 316.060 to 316.100 are
applicable where the seating capacity is less than one hundred and eighty
persons. (RSMo 1939 § 14958, A.L. 1949 p. 564)
Prior revisions: 1929 § 13765; 1919 § 10969; 1909 § 10674
CROSS REFERENCES: Doors to public buildings to open outward, RSMo 320.070
Public buildings, fire escapes required, how constructed, number, Chap.
320, RSMo Wheelchair accessibility signs, display of required, when, RSMo
8.655
The provisions of sections 316.060 to 316.100 shall not apply or
be applicable to any church, school, baseball parks, tent show or
building used at infrequent intervals as a place of assembly of public
amusement. (L. 1949 p. 564 § 14958A)
Every building now existing or hereafter constructed for public
amusement shall be made to conform to the requirements of section
316.060. (RSMo 1939 § 14959, A.L. 1949 p. 564) Prior revisions: 1929 §
13766; 1919 § 10970; 1909 § 10675
No license shall be given for any public amusement or
entertainment in any place not constructed or arranged as in this chapter
required. (RSMo 1939 § 14960, A.L. 1949 p. 564) Prior revisions: 1929 §
13767; 1919 § 10971; 1909 § 10676
Any person who shall give any public amusement, entertainment or
exhibition in any building not constructed and arranged as required in
this chapter, or who shall violate or permit the violation of any of its
requirements shall be deemed guilty of a misdemeanor. In addition thereto
the prosecuting attorney of any county or the circuit attorney of the
city of St. Louis shall have the right to apply for injunctive relief to
enjoin, restrain, and prohibit the operation of any building of assembly
of persons for theatrical performances and for buildings of public
amusement and entertainment not complying with the provisions of sections
316.060 to 316.100. (RSMo 1939 § 14961, A.L. 1949 p. 564) Prior
revisions: 1929 § 13768; 1919 § 10972; 1909 § 10677
As used in sections 316.150 to 316.185, the following terms mean:
(1) "County", any county of this state except a county having a charter
form of government and having a population of nine hundred thousand
inhabitants or more and no city not within a county which exercises
county functions;
(2) "County clerk", the clerk of the county commission or governing body
of a county;
(3) "Festival", any music festival, dance festival, "rock" festival or
similar musical activity likely to attract five thousand or more people
at such an activity which will continue uninterrupted for a period of
twelve hours or more, at which music is provided by paid or amateur
performers or by prerecorded means, and which is held at any place within
this state, and to which members of the public are invited or admitted
for a charge. It shall not include a county fair or youth fair approved
by the Missouri department of agriculture, or any activity conducted by
any current or future ongoing licensed business in a permanent location.
(4) "Sheriff", the sheriff of any county in this state. (L. 1975 S.B. 323
§ 1, A.L. 1991 S.B. 34)
No person shall operate, maintain, conduct, advertise, or sell
or furnish tickets for a festival in any county in this state unless he
first obtains a license from that county to operate, maintain or conduct
the festival. This provision shall not apply to counties of the first
class having a charter form of government and having a population of nine
hundred thousand inhabitants or more and no city not within a county
which exercises county functions. (L. 1975 S.B. 323 § 2, A.L. 1991 S.B.
34)
Application for a license to operate, maintain or conduct a
festival shall be made in writing to the county clerk at least sixty days
prior to the time indicated for the commencement of the planned festival
and shall be accompanied by a nonrefundable application fee established
by the governing body of the county but not more than one hundred
dollars. The application, at the discretion of the governing body of the
county, shall contain the following information:
(1) The name, age, residence and mailing address of the person making the
application. If the application is made by a partnership, the names and
addresses of the partners must appear. Where the applicant is a
corporation the application must be signed by the president, vice
president and secretary of the corporation and must contain their
addresses, and a certified copy of the articles of incorporation shall be
submitted with the application;
(2) Proof of financial worth of the individuals or corporation. The proof
of indemnity against injury or loss to persons or property and said
amount and form of the indemnity shall be prescribed by the governing
body of the county;
(3) A written statement of the kind, character, or type of festival which
the applicant proposes to operate, maintain or conduct;
(4) The address or legal description of the place where the proposed
festival is to be operated, maintained or conducted. Additionally, the
applicant must submit proof of ownership of the place where the festival
is to be operated, maintained or conducted, or a statement signed by the
owner of the premises indicating his consent that the site be used for
the proposed festival;
(5) The dates and hours during which the festival is to be operated,
maintained or conducted;
(6) An estimate of the number of customers, spectators, participants and
other persons expected to attend the festival for each day it is
operated, maintained or conducted;
(7) The name and address of anyone contributing, investing or having a
financial interest greater than five hundred dollars in producing the
festival;
(8) A detailed written explanation of the applicant's plans to provide
security and fire protection, water supply and facilities, food supply
and facilities, sanitation facilities, medical facilities and services,
vehicle parking space, vehicle access and onsite traffic control, and, if
it is proposed or expected that spectators or participants will remain at
night or overnight, the arrangements for illuminating the premises and
for camping or similar facilities. The applicant's plans shall include
what provisions shall be made for numbers of spectators in excess of the
estimate, and what provisions shall be made for cleanup of the premises
and removal of rubbish after the festival has concluded;
(9) A plot plan showing arrangement of the facilities including those for
parking, egress and ingress. (L. 1975 S.B. 323 § 3)
Effective 7-16-75
Upon receipt of a complete application and the application fee,
the county clerk shall set the application for public hearing at a
regular meeting of the governing body of the county, not less than
fifteen days nor more than thirty days thereafter, and shall give not
less than ten days written notice thereof to the applicant. The clerk
shall promptly give notice of the hearing and copies of the application
to the state department of public safety, sheriff, the state division of
health and the state fire marshal who shall investigate the application
and report in writing to the governing body of the county not later than
the hearing, with appropriate recommendations related to their official
functions as to granting a license and the conditions for granting a
license. (L. 1975 S.B. 323 § 4)
Effective 7-16-75
Based upon the testimony of the witnesses and evidence presented
at the hearing, including the report of the officials specified in
section 316.165, the governing body of the county shall grant the
license, deny the license, or set conditions which must be met, or
security given that they will be met before a license may be granted. If
conditions are imposed by the governing body, the applicant shall furnish
or cause to be furnished to the county clerk proof that all conditions
have been met before the license may be issued by the county clerk. (L.
1975 S.B. 323 § 5)
Effective 7-16-75
After holding the required public hearing, in addition to the
requirements and conditions set forth in sections 316.155, 316.160,
316.165 and 316.170, the governing body of the county may deny issuance
of a license if it finds any of the following:
(1) That the proposed festival will be conducted in a manner or on a
location not meeting the health, zoning, fire or building and safety
standards established by applicable city or county ordinances or state
laws;
(2) That the applicant has knowingly made a false, misleading or
fraudulent statement of material fact in the application for license, or
in any other document required pursuant to sections 316.150 to 316.185;
(3) That the applicant, his employee, agent, or any person connected or
associated with the applicant as partner, director, officer, stockholder,
owning more than ten percent interest in the corporation, associate, or
manager has previously conducted the type of festival being applied for
which resulted in the creation of a public or private nuisance;
(4) That the applicant, his employee, agent or any person connected or
associated with the applicant as partner, director, officer, stockholder,
owning more than ten percent interest in the corporation, associate, or
manager has been convicted in a court of competent jurisdiction, by final
judgment of a felony. (L. 1975 S.B. 323 § 6)
Effective 7-16-75
Any person who violates the provisions of sections 316.150 to
316.185 is guilty of a misdemeanor and shall, upon conviction, be
punished as provided by law. Any violation of sections 316.150 to 316.185
shall be grounds for an injunction against the festival which may be
applied for by either the state of Missouri or the county. (L. 1975 S.B.
323 § 7)
Effective 7-16-75
At the hearing required by section 316.165, the governing body
of the county or municipality may establish reasonable conditions which
are necessary to protect the health, safety, or property of local
residents and persons attending the festival which must be met prior to
the issuance of any license under sections 316.150 to 316.185. The
governing body may take a matter under submission before determining
which conditions shall be imposed. When the governing body takes a matter
under submission, written notice of any conditions imposed as
prerequisite to the issuance of a license shall be mailed to the
applicant within fifteen days of the original hearing. (L. 1975 S.B. 323
§ 8)
Effective 7-16-75
No rule or portion of a rule promulgated pursuant to sections
316.203 to 316.233 shall become effective unless it has been promulgated
in accordance with the provisions of chapter 536, RSMo. (L. 1997 H.B. 276
§ 1)
As used in sections 316.203 to 316.233, the following terms mean:
(1) "Amusement ride", any of the following, which is primarily for the
purpose of giving its patrons amusement, pleasure, thrills, or
excitement, and which is open to the general public excluding skill
teaching, exercise, and team building:
(a) Any mechanical device that carries or conveys passengers along,
around or over a fixed or restricted route or course or within a defined
area;
(b) Any dry slide over twenty feet in height excluding water slides;
(c) Any tram, open car, or combination of open cars or wagons pulled by a
tractor or other motorized device, except hayrack rides, those used
solely for transporting patrons to and from parking areas, or those used
for guided or educational tours, but does not necessarily follow a fixed
or restricted course;
(d) Any bungee cord attraction or similar elastic device;
(e) Any climbing wall over ten feet in height except for not-for- profit
entities that follow the YMCA Services Corporation's Climbing Walls
Safety Guidelines or the Boy Scouts of America Guidelines;
(2) "Board", the amusement ride safety board established in section
316.204;
(3) "Department", the department of public safety;
(4) "Director", the director of the department of public safety;
(5) "Operator", a person or the agent of a person who owns or controls,
or has the duty to control, the operation of an amusement ride or related
electrical equipment;
(6) "Owner", a person who owns, leases, controls or manages the
operations of an amusement ride and may include the state or any
political subdivision of the state;
(7) "Qualified inspector", any person who is:
(a) Found by the director to possess the requisite training and
experience in respect of amusement rides to perform competently the
inspections required by sections 316.203 to 316.233; or
(b) Certified by the National Association of Amusement Ride Safety
Officials (NAARSO) to have and maintain at least a level one
certification; or
(c) Is a member of the Amusement Industry Manufacturing and Suppliers
(AIMS) and meets such qualifications as are established by the board;
(8) "Related electrical equipment", any electrical apparatus or wiring
used in connection with amusement rides;
(9) "Safety rules", the rules and regulations governing rider conduct on
an amusement ride, provided such rules and regulations are prominently
displayed at or near the entrance to, or loading platform for, the
amusement ride;
(10) "Serious physical injury", a patron personal injury immediately
reported to the owner or operator as occurring on an amusement ride and
which results in death, dismemberment, significant disfigurement or other
significant injury that requires immediate in-patient admission and
twenty-four-hour hospitalization under the care of a licensed physician
for other than medical observation; and
(11) "Serious incident", any single incident where three or more persons
are immediately transported to a licensed off-site medical care facility
for treatment of an injury as a result of being on or the operation of
the amusement ride. (L. 1997 H.B. 276 § 2, A.L. 2000 H.B. 1434, A.L. 2004
H.B. 1403)
Effective 1-1-05
1. There is hereby established an "Amusement Ride Safety Board"
to be composed of nine members, one of whom shall be the state fire
marshal or the marshal's designee. The remaining eight members of the
board shall be appointed by the governor with the advice and consent of
the senate. Each member appointed by the governor shall be appointed for
a staggered term of five years or until a successor is appointed. The
governor shall fill any vacancy on the board for the remainder of the
unexpired term with a representative of the same interest as that of the
member whose term is vacant. No more than four members of the board, who
are not employees of state or local government, shall be members of the
same political party.
2. Three members of the board shall represent the interests of small
amusement ride businesses that operate in this state. Three members of
the board shall represent the interests of the fixed amusement ride
parks. One member of the board shall be a resident of this state. One
member of the board shall be a mechanical engineer knowledgeable of
amusement rides.
3. The state fire marshal shall call the first meeting of the board
within sixty days after all members have been appointed and qualified.
The members from among their membership shall elect a chairperson. After
the initial meeting the members shall meet at the call of the
chairperson, but shall meet at least three times per year. Five members
of the board shall constitute a quorum.
4. The members of the board shall receive no compensation for their
services, and shall be reimbursed for their actual and necessary expenses
incurred in the performance of their official duties. (L. 2000 H.B. 1434,
A.L. 2004 H.B. 1403)
Effective 1-1-05
1. The amusement ride safety board shall have the following
powers:
(1) To consult with engineering authorities and organizations who are
studying and developing amusement ride safety standards;
(2) To adopt a code of rules and regulations governing maintenance,
testing, operation, and inspection of amusement rides. The board shall
have the power to adopt a safety code only for those types of amusement
rides defined in the statutes. In promulgating the amusement ride safety
code the board may consider any existing or future American Society for
Testing and Materials (ASTM) safety standards affecting amusement rides
as defined in sections 316.203 to 316.233, or any other nationally
acceptable standard;
(3) To make recommendations to the state fire marshal concerning the
board's findings on safety issues related to amusement rides.
2. No rule or portion of a rule promulgated pursuant to this section
shall take effect unless such rule has been promulgated pursuant to
chapter 536, RSMo. (L. 2000 H.B. 1434)
Effective 1-1-01
The director shall promulgate rules necessary to administer the
provisions of sections 316.203 to 316.233 including rules for the
reporting of any fatalities or serious physical injuries incurred from
the operation of amusement rides, or specifically related electrical
equipment, and the subsequent inspection of such amusement rides and
related electrical equipment, provided that no rule or portion of a rule
promulgated under the authority of this section shall become effective
unless it has been promulgated pursuant to the provisions of section
536.024, RSMo. (L. 1997 H.B. 276 § 3)
The operator of an amusement ride shall immediately cease to
operate any ride upon which a fatality, serious physical injury or
serious incident has occurred. The owner of such amusement ride shall
immediately notify the office of the state fire marshal of such accident.
The cessation shall remain in force until the department has performed an
inspection of any such amusement ride or equipment and has determined
that the ride or related equipment is safe for public use. The department
shall cause such inspection to be initiated within twenty-four hours of
receipt of the report of a fatality, serious physical injury or serious
incident caused by the operation of an amusement ride and shall perform
the inspection in a manner that proceeds with all practicable speed and
minimizes the disruption of the amusement facility at which the amusement
ride is located, as well as unrelated commercial activities. Such
inspection shall be performed by a qualified inspector employed by the
department either directly or through contract. The cost of any such
inspection shall be paid for by the owner of the amusement ride. Such
inspections may be completed immediately following the reasonable
determination by the qualified inspector or by the director's designee
that a principal cause of the serious physical injury was the victim's
failure to comply with the posted safety rules or with verbal
instructions. (L. 1997 H.B. 276 § 4, A.L. 2000 H.B. 1434)
Effective 1-1-01
1. A person shall not operate an amusement ride unless the owner:
(1) Has the amusement ride inspected at least once annually by a
qualified inspector, whom the owner or an insurer has provided to perform
such inspection, and obtains from such qualified inspector written
documentation that the inspection has been made and that the amusement
ride meets nationally recognized inspection standards and is covered by
the insurance required by subdivision (2) of this subsection;
(2) Has:
(a) An insurance policy currently in force written by an insurance
company authorized to do business in this state in an amount of not less
than one million dollars per occurrence; or
(b) A bond in the same amount as such person's policy from paragraph (a)
of this subdivision, provided that the aggregate liability of the surety
under such bond shall not exceed the face amount of the bond; or
(c) Cash or other surety acceptable to the department;
(3) Files with the department the inspection report and certificate of
insurance verifying the policy required by this section or a photocopy of
such documentation or certificate; and
(4) Has been issued a state operating permit by the department and
affixed such permit to the designated amusement ride. Such permit fee
shall not exceed actual administrative costs.
2. The inspection required pursuant to subdivision (1) of subsection 1 of
this section shall be conducted at a minimum to meet the manufacturer's
or engineer's specifications and to follow the applicable national
standards.
3. The department or designee may conduct a spot inspection of any
amusement ride without notice at any time while such amusement ride is
operating or will be operating in this state. The department may order
temporary suspension of an operating permit if it has been determined
after a spot inspection to be hazardous or unsafe. Operation of such
amusement ride shall not resume until the hazardous or unsafe condition
has been corrected and subjected to reinspection by the department for an
inspection fee established by rule.
4. All fees collected pursuant to this section shall be deposited to the
credit of the elevator safety fund created pursuant to section 701.377,
RSMo. (L. 2000 H.B. 1434, A.L. 2004 H.B. 1403)
Effective 1-1-05
Each owner or operator shall retain on the premises or with a
traveling amusement ride for at least three years all maintenance,
inspection and accident records for each amusement ride. The owner shall
make such records for the ride under inspection for failure or
malfunction available to the director or the director's designee upon
request. (L. 1997 H.B. 276 § 5)
The owner or operator of portable amusement rides shall file an
itinerary with the department on a department form no less than fifteen
days before the operation of an amusement ride for use by the public. The
itinerary shall include the following:
(1) The name of the amusement ride owner;
(2) The carnival, fair, or activity sponsor;
(3) The address and telephone number of the site;
(4) The dates open to the public; and
(5) The name of the contact person on site. (L. 2004 H.B. 1403)
Effective 1-1-05
In addition to any and all other remedies, if an owner, operator
or person in charge of any amusement ride covered by sections 316.203 to
316.233 continues to operate any amusement ride covered by sections
316.203 to 316.233, during the pendency of a cessation pursuant to
section 316.209, then the director may petition the circuit court, in an
action brought in the name of the state, for a writ of injunction to
restrain the use of the alleged defective amusement ride. (L. 1997 H.B.
276 § 6)
1. Any person who knowingly operates, causes to be operated or
directs someone to operate an amusement ride in violation of sections
316.203 to 316.233 is guilty of a class A misdemeanor.
2. Any person who knowingly makes a false statement, representation, or
certification in an application, record, report, or other document filed
or required to be maintained under sections 316.200 to 316.237 shall be
guilty of a misdemeanor punishable under section 575.060, RSMo. (L. 1997
H.B. 276 § 7, A.L. 2004 H.B. 1403)
Effective 1-1-05
Nonmotorized playground equipment, including but not limited to,
swings, seesaws, stationary spring-mounted animal features, rider-
propelled merry-go-rounds, climbers, slides, waterslides operated by a
municipal or county park and recreation department, trampolines or
swinging gates, whether or not located on a playground, are exempt from
the provisions of sections 316.203 to 316.233. (L. 1997 H.B. 276 § 8)
Nothing contained in sections 316.203 to 316.233 shall prevent
any political subdivision of this state from licensing or regulating any
amusement ride, electrical equipment, carnival or circus as otherwise
provided by law. (L. 1997 H.B. 276 § 9)
Sections 316.203 to 316.233 shall not be construed to alter the
duty of care or the liability of an owner of an amusement ride for
injuries or death to any person or damage to any property arising out of
an accident involving an amusement ride. Sections 316.203 to 316.233
shall not be construed to alter the duty of care of a passenger of an
amusement ride or parent or guardian of such passenger for injuries or
death to any person or damage to any property arising out of an accident
involving an amusement ride. The state and its officers and employees
shall not be construed to assume liability arising out of an accident
involving an amusement ride by reason of administration of sections
316.203 to 316.233. (L. 1997 H.B. 276 § 10)
1. A passenger on an amusement ride shall, at a minimum:
(1) Obey the reasonable safety rules posted in accordance with sections
316.203 to 316.233 and oral instructions for an amusement ride issued by
the amusement owner or such owner's employee or agent, unless:
(a) The safety rules are contrary to sections 316.203 to 316.233; or
(b) The oral instructions are contrary to sections 316.203 to 316.233 or
the safety rules; and
(2) Refrain from acting in any manner that may cause or contribute to
injuring such passenger or others, including:
(a) Interfering with safe operation of the amusement ride;
(b) Not engaging any safety devices that are provided;
(c) Disconnecting or disabling a safety device except at the express
instruction of the operator;
(d) Altering or enhancing the intended speed, course or direction of an
amusement ride;
(e) Extending arms and legs beyond the carrier or seating area except at
the express direction of the ride or attraction operator;
(f) Throwing, dropping or expelling an object from or toward an amusement
ride;
(g) Getting on or off an amusement ride except at the designated time and
area, if any, at the direction of the ride operator, or in an emergency;
and
(h) Unreasonably controlling the speed or direction of such passenger or
an amusement ride that requires the passenger to control or direct
himself or herself or a device.
2. Any person who violates the provisions of this section shall be guilty
of a class A misdemeanor. (L. 1997 H.B. 276 § 11, A.L. 2004 H.B. 1403)
Effective 1-1-05
An amusement ride passenger shall not get on, enter, or attempt
to get on an amusement ride unless the passenger reasonably determines
that, at a minimum, he or she:
(1) Has sufficient knowledge to use, get on, enter, or get off the
amusement ride safely without instruction or has requested and received
before getting on the ride sufficient information to get on, use, enter,
or get off safely;
(2) Has located, reviewed and understood any signs in the vicinity of the
ride and has satisfied any posted height, medical or other restrictions
and abided by all rules, regulations and restrictions;
(3) Is not under the influence of alcohol or any drug that affects his or
her ability to safely use the amusement ride or obey the posted rules or
oral instructions; and
(4) Is authorized by the amusement owner or such owner's authorized
servant, agent or employee to get on the amusement ride. (L. 1997 H.B.
276 § 12, A.L. 2004 H.B. 1403)
Effective 1-1-05
Any rule or portion of a rule promulgated pursuant to sections
316.200 to 316.237 shall become effective only as provided pursuant to
chapter 536, RSMo, including but not limited to section 536.028, RSMo, if
applicable, after August 28, 1997. All rulemaking authority delegated
prior to August 28, 1997, is of no force and effect and repealed. The
provisions of this section are nonseverable and if any of the powers
vested with the general assembly pursuant to section 536.028, RSMo, if
applicable, to review, to delay the effective date, or to disapprove and
annul a rule or portion of a rule are held unconstitutional or invalid,
the purported grant of rulemaking authority and any rule so proposed and
contained in the order of rulemaking shall be invalid and void. (L. 1997
H.B. 276 § 14)
All rock climbing walls over ten feet tall operated in this
state, except as provided in paragraphs (d) and (e) of subdivision (1) of
section 316.203, shall be subject to the same rules and regulations as
amusement rides pursuant to sections 316.200 to 316.238. (L. 2004 H.B.
1403)
Effective 1-1-05
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