This text of New York § 870-D (Issuance of permit) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 870-d. Issuance of permit. No amusement device, viewing stand or\ntent may be operated in the state without a permit issued by the\ncommissioner except as provided in section eight hundred seventy-m of\nthis article. Such permits are not transferable and if any permit\nholder voluntarily discontinues operation of the amusement device,\nviewing stand or tent, all rights secured under the permit are\nterminated.\n 1. Before commencement of the operation of a permanent or temporary\ndevice, viewing stand or tent, the owner or lessee shall make written\napplication to the commissioner for a permit to operate, which shall be\naccompanied by an annual non-refundable fee of one hundred dollars for\neach amusement ride device. The permit shall be valid for a period of\none year.\n 2. No tem
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§ 870-d. Issuance of permit. No amusement device, viewing stand or\ntent may be operated in the state without a permit issued by the\ncommissioner except as provided in section eight hundred seventy-m of\nthis article. Such permits are not transferable and if any permit\nholder voluntarily discontinues operation of the amusement device,\nviewing stand or tent, all rights secured under the permit are\nterminated.\n 1. Before commencement of the operation of a permanent or temporary\ndevice, viewing stand or tent, the owner or lessee shall make written\napplication to the commissioner for a permit to operate, which shall be\naccompanied by an annual non-refundable fee of one hundred dollars for\neach amusement ride device. The permit shall be valid for a period of\none year.\n 2. No temporary device, viewing stand or tent shall be used at any\ntime or location unless prior notice of intent to use same has been\ngiven to the commissioner. Notice of planned schedules shall (a) be in\nwriting, (b) identify the temporary device, viewing stand or tent, (c)\nstate the intended dates and locations of use, (d) be mailed to the\ncommissioner at least fifteen days before the first intended date of\nuse.\n 3. A permit to operate shall be issued to the owner or lessee of an\namusement device, viewing stand or tent when:\n (a) written application has been made to the commissioner;\n (b) the amusement device, viewing stand or tent has passed all\nrequired inspections; and\n (c) the liability insurance or bond required by section eight hundred\nseventy-f of this article has been met in the amount prescribed.\n 4. The commissioner may revoke any permit issued pursuant to this\narticle if it is determined that an amusement device, viewing stand or\ntent is:\n (a) being used or operated without the inspections required by section\neight hundred seventy-e of this article; or\n (b) being used or operated without the insurance or other security\nrequired by section eight hundred seventy-f of this article; or\n (c) being used or operated with a mechanical, structural or design\ndefect which presents an excessive risk of serious injury to passengers\nor members of the public.\n 5. Any other violation of this article may result in a revocation,\nprovided that written notice of non-compliance is served upon the owner\nspecifying any violation of this article and directing the owner to\ncorrect such violations within thirty days of receipt of such notice.\n 6. Nothing herein shall prevent an owner whose permit to operate an\namusement device, viewing stand or tent has been revoked pursuant to\nthis section from reapplying for a permit in accordance with this\narticle.\n