KRS § 247.234 — KY Code / Title XXI / Chapter 247 / Section 247.234
247.234 Business required to register -- Fee -- Permit required to operate -- Liability insurance -- Inspections -- Injunction -- Pre-opening inspections -- Unpaid civil penalties to remain in effect and on record
Status: in_force

247.234 Business required to register -- Fee -- Permit required to operate --

Liability insurance -- Inspections -- Injunction -- Pre-opening inspections --

Unpaid civil penalties to remain in effect and on record.

(1) Every owner of an amusement ride or attraction business shall register the business

with the department annually.

(2) The business registration required by subsection (1) of this section shall be valid

until December 31 of the calendar year in which the registration is filed and shall be

issued upon payment of a registration fee, in accordance with administrative

regulations promulgated by the department.

(3) (a) No amusement ride or attraction shall be operated in this state without a

permit issued by the department to the owner of the amusement ride or

attraction. The permit shall be kept on site during the operation of the

amusement ride or attraction and viewable upon request.

(b) A permit shall be issued to each owner to operate the permitted amusement

ride or attraction in this state. A permit fee, which shall be determined by

administrative regulations promulgated by the department, shall be levied for

each amusement ride or attraction permit issued.

(c) The registrant 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

one million dollars ($1,000,000) 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 one million dollars ($1,000,000). Every insurance carrier of

these policies shall notify the department 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 department may require, including but not limited to

written notice of each intended operating site to be received by the department

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 department

by telephone.

(e) The department shall require an inspection of each amusement ride or

attraction before it may be operated in this state. Inspections performed by

department employees shall be subject to a fee based on the complexity of the

amusement ride or attraction and shall not be less than ten dollars ($10) or

more than five hundred dollars ($500). The cost of all inspections performed

by department employees 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. The department shall designate persons qualified by education or

experience, who are capable of determining amusement safety in accordance

with administrative regulations promulgated under KRS 247.232 to 247.236,

as amusement safety inspectors. Any person who is not an employee of the

department and who is designated as an amusement safety inspector shall

register with the department and pay an annual registration fee, which shall be

determined by administrative regulations promulgated by the department.

(f) A Kentucky permit seal shall be affixed to every individual amusement ride or

attraction, or other location as determined by the department, before it may be

operated in this state.

(4) (a) In addition to the inspection required in subsection (3)(e) of this section, the

department may inspect amusement rides and attractions without notice at any

time while operating in this state. There shall not be any charge for additional

inspections in which safety violations are not found. In regard to situations in

which safety violations are found, the department 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.

(b) 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.

(c) Any owner who continues to operate an amusement ride or attraction after an

order to cease operation has been issued shall have his or her business

registration suspended and the amusement ride or attraction permit revoked,

and may be subject to further penalties provided in KRS 247.233. In addition,

the county attorney of each county and the department 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.

(d) 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.

(5) (a) 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. 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 department.

(b) The department may revoke the registration of any owner who fails to conduct

the required pre-opening inspections and tests or to maintain the required

reports.

(6) 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.