HF 1870

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; requiring the commissioner of 
  1.3             commerce to adopt rules regulating shows and 
  1.4             carnivals; establishing a license fee; amending 
  1.5             Minnesota Statutes 2002, sections 375.40; 375.41; 
  1.6             375.42; repealing Minnesota Statutes 2002, sections 
  1.7             437.02; 437.07; 437.08; 437.09; 437.10. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 375.40, is 
  1.10  amended to read: 
  1.11     375.40 [COUNTY BOARD MAY COMMISSIONER SHALL LICENSE 
  1.12  EXHIBITIONS AND SHOWS.] 
  1.13     A county board may license and regulate The commissioner of 
  1.14  commerce shall adopt rules for licensing and regulating 
  1.15  itinerant shows, carnivals, circuses, endurance contests, 
  1.16  and similar exhibitions of any nature whatsoever.  Sections 
  1.17  375.40 to 375.42 do not apply to shows, carnivals, circuses, 
  1.18  contests, and exhibitions held within the incorporated limits of 
  1.19  a city.  
  1.20     The fee for a license shall be fixed by the county board in 
  1.21  the amount it deems advisable is ........  
  1.22     The board commissioner may require, as a condition for 
  1.23  granting the license, the posting of a penal bond in the amount 
  1.24  it shall determine.  
  1.25     Application for a license shall must be made on the form 
  1.26  the county board commissioner determines.  Upon approval of an 
  2.1   application and the payment of the license fee and the posting 
  2.2   of the required bond, the county auditor commissioner shall 
  2.3   issue the license. 
  2.4      Sec. 2.  Minnesota Statutes 2002, section 375.41, is 
  2.5   amended to read: 
  2.6      375.41 [TAKING PART IN UNLICENSED EXHIBITION OR SHOW A 
  2.7   MISDEMEANOR.] 
  2.8      A person, partnership, association, or corporation who 
  2.9   conducts, or takes part in, any itinerant show, carnival, 
  2.10  circus, endurance contest, or similar exhibition not licensed, 
  2.11  as provided in section 375.40, is guilty of a misdemeanor. 
  2.12     Sec. 3.  Minnesota Statutes 2002, section 375.42, is 
  2.13  amended to read: 
  2.14     375.42 [EXCEPTIONS.] 
  2.15     Sections 375.40 and 375.41 do not apply to any itinerant 
  2.16  show, carnival, circus, endurance contest, or similar exhibition 
  2.17  held in connection with an agricultural association fair.  
  2.18     Sec. 4.  [REVISOR'S INSTRUCTION.] 
  2.19     The revisor shall renumber Minnesota Statutes, sections 
  2.20  375.40, 375.41, and 375.42, in a manner consistent with other 
  2.21  statutory duties of the commissioner of commerce. 
  2.22     Sec. 5.  [REPEALER.] 
  2.23     Minnesota Statutes 2002, sections 437.02; 437.07; 437.08; 
  2.24  437.09; and 437.10, are repealed.