302 KAR 16:010. Permit for operation of amusement rides or amusement attractions in Kentucky.

      RELATES TO: KRS 247.232, 247.234, 247.990

      STATUTORY AUTHORITY: KRS 247.234

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.234(2) authorizes the Commissioner of the Department of Agriculture to promulgate administrative regulations establishing requirements for the operation of amusement rides or attractions. This administrative regulation establishes the criteria for obtaining an operating permit to operate an amusement ride or attraction in the Commonwealth of Kentucky.

      Section 1. Definitions. (1). "Inspection fee" means a fee required to be paid to operate any amusement ride or amusement attraction in Kentucky and established in 302 KAR 16:020

      (2) "Operating permit" means a business identification number identifying the owners of an amusement ride or amusement attraction.

      Section 2. An operating permit shall be required for operating amusement rides or amusement attractions in the state of Kentucky and shall be renewed annually on or before January 1 of each year.

      Section 3. Procedure for Obtaining an Operating Permit. (1) Every owner of an amusement ride or amusement attraction wishing to operate in Kentucky shall submit to the commissioner, or his designee, an application for an operating permit accompanied by the fee required by 302 KAR 16:020.

      (2)(a)The owner of the amusement ride or amusement attraction shall provide a written itinerary indicating:

      1. The location of the first setup;

      2. All future operating dates and locations, including addresses;

      3. The operating period at each location; and

      4. All rides requiring initial inspections pursuant to KRS 247.234(2)(d).

      (b) The itinerary shall be delivered to the department at least fourteen (14) days prior to the first scheduled setup and shall be updated in writing, within five (5) days, if cancellations or additional locations occur.

      (3) Except as provided in subsection (4) of this section, the applicant shall provide proof of liability insurance in the amount of $500,000 per occurrence of bodily injury or death, for each amusement ride or amusement attraction.

      (a) The proof of insurance shall include a statement that the insurer shall not cancel the policy without thirty (30) days written notice to the commissioner.

      (b) Proof of insurance shall be either the policy or a certified statement issued by the insurer and shall include:

      1. A listing of all amusement rides and amusement attractions insured; or

      2. A statement that all amusement rides and amusement attractions operated under the supervision of the insured are covered.

      (4) If the applicant's amusement rides or amusement attractions are permanently located or erected, he may, in lieu of providing proof of liability insurance, provide proof of financial responsibility in the sum of $500,000 on or before the date of the initial inspection of the calendar year. Proof of financial responsibility shall be shown by one of the following methods:

      (a) Provide proof of liability insurance of $500,000 per occurrence of bodily injury or death;

      (b) Submit a financial statement, certified by a licensed certified public accountant, dated no more than thirty (30) days prior to receipt of the application, indicating a net worth of $500,000 or more in assets located in the state;

      (c) Tender an irrevocable letter of credit to the department in the sum of $500,000; or

      (d) Provide other proof of financial responsibility in the amount of $500,000, with accuracy attested to on forms incorporated by reference in Section 5 of this administrative regulation.

      Section 4. Upon receipt of proper application, fees, proof of liability insurance or financial responsibility, and the required itinerary, an operating permit shall be issued in the name of the applicant. The operating permit shall be available for inspection at all times. If the permit holder is operating in multiple locations, a photostatic copy of the operating permit shall be accepted.

      Section 5. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Permit Application for Mobile Rides and Attractions", 03/03;

      (b) "Permit Application for Permanent Fixed Locations", 03/03;

      (c) "Itinerary of Mobile Operators", 03/03;

      (d) "Itinerary of Permanent Fixed Locations", 03/03; and

      (e) "Certification of Proof of Financial Responsibility", 03/03.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Department of Agriculture, Division of Regulation and Inspection, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (11 Ky.R. 94; Am. 399; eff. 9-11-84; 13 Ky.R. 240; eff. 9-4-86; 15 Ky.R. 845; eff. 10-26-88; 29 Ky.R. 2333; 2663; eff. 5-15-03; 33 Ky.R. 886; 1303; eff. 11-8-06.)