Explanatory note: The purpose of this part of the Bylaw is to ensure that entertainment complexes and amusement devices used by the public are operated and managed in a safe manner.
15.1 Specific defintions
These definitions apply specifically to this part of the Bylaw in addition to the general definitions in Part 1: General Provisions:
Amusement device - a power driven appliance used for the amusement, recreation or entertainment of persons carried, raised, lowered or moved by the appliance, for example, a merry-go-round, ferris wheel, or roller coaster.
Entertainment complex - includes fairs, amusement parks, amusement galleries, video game parlours which contain 5 or more video game machines, skating rinks, billiard rooms and other places of entertainment where the public can congregate without any special invitation to attend.
Entertainment machine - an electronic or other machine used by people for amusement, recreation or entertainment purposes, for example a video game machine.
15.2 Entertainment complexes
15.2.1 If you intend to operate an entertainment complex or wish to extend your existing licence you must first apply to us for a licence. Your application must show that the proposed entertainment complex complies with the Building Act 1991.
15.2.2 When we make a decision on your application for a licence we may:
(a) withhold granting a licence until you have provided off-street parking;
(b) grant a licence to you which is subject to conditions; or
(c) decline your application for a licence.
15.2.3 Once you have obtained a licence and paid the licence fee you can operate an entertainment complex if you:
(a) comply with all the conditions in your licence;
(b) use the entertainment complex in an orderly manner; and
(c) use the entertainment complex only for the purposes identified in your licence.
15.2.4 We can cancel or suspend your licence if:
(a) you breach any of the provisions of this part of the Bylaw; or
(b) you are a company and a person whom we consider is not of good character becomes an officer of the company.
15.2.5 Before we refuse your application for a new licence or extension of an existing licence, or cancel or suspend your licence, we will give you an opportunity to be heard by giving you notice in writing that a hearing is to be held and inviting you to attend the hearing to present reasons as to why we should grant, extend or continue your licence.
15.2.6 If you operate an entertainment complex, you must:
(a) provide toilets and washing facilities for both the public and staff which comply with the Building Act 1991, and maintain them in a clean and sanitary condition and good working order;
(b) clean sanitary facilities and all rooms in the entertainment complex daily; and
(c) maintain all furnishings and seating in a clean condition and in good repair.
15.2.7 An entertainment complex containing less than 5 entertainment machines does not need to comply with the sanitary standards set out in clause 15.2.6, although staff toilet and washing facilities must be provided.
15.3 Amusement devices
15.3.1 If you intend to hire, operate or manage an amusement device for public use you must first:
(a) apply to us for a permit under Regulation 11 of the Amusement Devices Regulations 1978;
(b) describe the proposed location of your amusement device and identify the relevant district plan zone in your application for a permit;
(c) include in your application a current certificate of registration issued by a registered engineer under the Amusement Devices Regulations 1978 for the amusement device; and
(d) pay us the application fee.
15.3.2 When we make a decision on your application for a permit, we may:
(a) grant you a permit for a maximum of 1 year, which may be subject to conditions; or
(b) Decline your application.
15.3.3 Your permit to hire, operate or manage an amusement device is granted subject to the conditions set out in the permit, in Regulation 14 of the Amusement Devices Regulations 1978, and in addition you must:
(a) ensure there is clear space around the amusement device which is calculated as follows:
1.5 x height of the device
x
width or overhang of the device
=
area of clear space around the device
(b) put up the amusement device in a proper manner and on ground which will support it under full operating conditions to our satisfaction;
(c) maintain the amusement device at all times in good repair and condition and under proper management and control;
(d) ensure that a competent person is responsible for the care and management of the apparatus which drives the amusement device;
(e) ensure that the amusement device can be stopped as quickly as is practicable in an emergency;
(f) take all reasonable and proper care to prevent damage to any person or property;
(g) operate the amusement device at a speed which ensures the safety of people using it;
(h) not overload the amusement device; and
(i) not allow any person under the influence of drugs or alcohol to use the amusement device.
15.3.4 We can cancel your permit if:
(a) you breach any of the provisions of this part of the Bylaw; or
(b) we do not consider that your amusement device can be operated safely.
15.3.5 You must not:
(a) knowingly enter or mount an amusement device which is already full;
(b) use an amusement device in any way which is a danger to any other person or property; or
(c) interfere in any way with the proper management and control of the amusement device or any of its parts.