44-1616. Permit for operation; application; owner registration; fees. (a) No amusement ride shall be operated in this state unless a valid permit for such ride has been issued by the department. The owner of an amusement ride shall make application for a permit for such amusement ride to the secretary on such form and in such manner as prescribed by the secretary. The application for a permit shall include, but is not limited to, the following:

(1) The name of the owner and operator of the amusement ride;

(2) the location of the amusement ride, or the location where such ride is stored when not in use;

(3) valid certificate of inspection;

(4) proof of insurance; and

(5) (A) for amusement rides manufactured prior to July 1, 2018, certification that such ride qualifies as service proven, as that term is used in the applicable ASTM international F24 committee standards; and

(B) for amusement rides manufactured on and after July 1, 2018, certification that such ride meets the applicable ASTM international F24 committee standards pertaining to ride maintenance and operation.

(b) Each applicant shall submit a permit fee along with the application in an amount as follows:

(1) For amusement rides erected at a permanent location, $75 for a class A amusement ride, and $100 for a class B amusement ride;

(2) for amusement rides erected at a temporary location, $30; and

(3) for amusement rides owned or operated by a municipality or a nonprofit entity, whether erected at a permanent or temporary location, $10.

(c) Upon approval of an application and receipt of the required fee, the secretary shall issue a permit for the amusement ride. Such permit shall be valid for one year from the date of issuance. Any permit fee paid by an applicant shall be returned to the applicant if the application is denied.

(d) In addition to the permit fees required under subsection (b), no amusement ride shall be operated in this state unless the owner of such ride has registered as an amusement ride owner with the department. Registration shall be valid for a period of one year. The owner of an amusement ride shall register with the department in such form and in such manner as prescribed by the secretary, and by paying a registration fee as follows:

(1) For amusement rides erected at a permanent location, $500;

(2) for amusement rides erected at a temporary location, $250; and

(3) for amusement rides owned by a municipality or nonprofit entity, whether erected at a permanent or temporary location, $50.

The fee required under this subsection shall be an annual fee paid by the owner, regardless of the number of amusement rides owned by such owner.

(e) All fees received by the secretary pursuant to this section shall be remitted by the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the amusement ride safety fund.

History: L. 2017, ch. 103, § 1; L. 2018, ch. 84, § 17; May 17.