Title 302 | Chapter 016 | Regulation 010
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
GENERAL GOVERNMENT
Department of Agriculture
Office of the Consumer and Environmental Protection
(Amendment)
302 KAR 16:010.Business registration and permitBusiness Identification Number for amusement rides or attractions.
Section 1.
Definition. "Permit"Section 2.
A permitSection 3.
Procedure for Registering a Business. Every owner of an amusement ride or attraction seeking to operate in Kentucky shall submit:(1)
A Business Registration Application; and(2)
A Business Registration Fee of fifty (50) dollars.Section 4.Section 3.
Procedure for Obtaining a Permit(1)
Every owner of an amusement ride or(a)
A Permit application for rides and attractions;(b)
A permit fee of five (5) dollars for each ride or device; and(c)
The fee for each required initial safety inspection 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;4.
The names of all rides requiring initial safety inspections pursuant to KRS 247.234(3)(b); and5.
All rides or attractions being operated at each location.(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 immediately if cancellations are made or additional locations added.(c)
The itinerary shall be submitted in writing including by facsimile or electronic mail.(3)
Except as established in subsection (4) of this section, the applicant shall provide proof of liability insurance in the amount of at least $1,000,00(a)
The proof of insurance shall include a statement that the insurer shall not cancel the policy without at least 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; or2.
A statement that all amusement rides and amusement attractions operated under the supervision of the insured are covered in the policy.(4)
If the applicant's amusement rides or amusement attractions are permanently located or erected, the applicant may, instead of providing proof of liability insurance, provide proof of financial responsibility in at least the amount of $1,000,000(a)
Proof of liability insurance of at least $1,000,000(b)
A financial statement, certified by a licensed certified public accountant, dated no more than thirty (30) days prior to the application date, indicating a net worth of at least $1,000,000(c)
An irrevocable letter of credit to the department in the amount of at least $1,000,000Section 5.Section 4.
Upon receipt of a complete application, applicable fees, proof of liability insurance or financial responsibility, and a complete itinerary, a permit(1)
If all items required by this section are not physically available to the inspector when the initial safety inspection takes place, the inspector shall not perform the initial safety inspection and a permit(2)
(3)
Section 6.Section 5.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Business Registration Form", 6/23;(b)
"Amusement Ride and Attraction Permit(c)(b)
"Itinerary Mobile Operators", 03/03; and(d)(c)
"Itinerary Permanent Fixed Locations", 03/03.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the 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.RYAN QUARLES, Commissioner of Agriculture
APPROVED BY AGENCY: June 14, 2023
FILED WITH LRC: June 15, 2023 at 11:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 22, 2023 at 11:00 a.m., at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort Kentucky 40601, phone (502) 330-6360, email clint.quarles@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clint Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation creates the process for business registration and permit application.
(b) The necessity of this administrative regulation:
This regulation creates rules for application to the KDA to become a permit holder.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The statutes charge the KDA with creating rules for application for a permit, and this filing satisfies that charge.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This filing makes clear for all entities the application process to the KDA.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This filing updates references and creates an application and permit fee. It increases the insurance requirement.
(b) The necessity of the amendment to this administrative regulation:
This filing updates references do to statute changes.
(c) How the amendment conforms to the content of the authorizing statutes:
This filing updates references do to statute changes.
(d) How the amendment will assist in the effective administration of the statutes:
This filing will make the regulation clearer and easier to understand.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The KDA has 532 active companies and 4232 active devices currently regulated.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Entities seeking a permit will need to follow the steps in the filing.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An application and permit fee are now required. Permit holders will need to carry the proper amount of insurance.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The permit holder will be able to lawfully operate.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KDA estimates $530,000 total annually.
(b) On a continuing basis:
The KDA estimates at least $530,000 total annually.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
A combination of fees and the KDA general fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
Fees are established to help offset program costs.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This filing does establish fees directly.
(9) TIERING: Is tiering applied?
No, all entities are treated the same.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The KDA.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 247.232-.236
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The KDA expects to receive $110,000 annually at current participation levels.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The KDA expects to receive $110,000 annually at current participation levels.
(c) How much will it cost to administer this program for the first year?
The cost to administer this regulation is approximately $530,000.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer for subsequent years is estimated to be at least $530,000.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
No cost savings are anticipated for this filing.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
(c) How much will it cost the regulated entities for the first year?
No changes in costs are anticipated, other than the application and permit fees.
(d) How much will it cost the regulated entities for subsequent years?
No changes in costs are anticipated, other than the application and permit fees.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] Fees will not exceed the major economic impact threshold.
GENERAL GOVERNMENT
Department of Agriculture
Office of the Consumer and Environmental Protection
(Amendment)
302 KAR 16:010.Business registration and permit for amusement rides or attractions.
Section 1.
Definition. "Permit" means a number identifying the specific ride or attraction to which it is assigned.Section 2.
A permit shall be required to operate each applicable amusement ride or amusement attraction in this state, and shall be valid for one (1) year from the date of issuance, in accordance with KRS 247.234(3)(a)(2). A permit shall not be transferred or assigned.Section 3.
Procedure for Registering a Business. Every owner of an amusement ride or attraction seeking to operate in Kentucky shall submit:(1)
A Business Registration Application; and(2)
A Business Registration Fee of fifty (50) dollars.Section 4.
Procedure for Obtaining a Permit.(1)
Every owner of an amusement ride or attraction seeking to operate in Kentucky shall submit :(a)
A Permit application for rides and attractions;(b)
A permit fee of five (5) dollars for each ride or device; and(c)
The fee for each required initial safety inspection 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;4.
The names of all rides requiring initial safety inspections pursuant to KRS 247.234(3)(b); and5.
All rides or attractions being operated at each location.(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 immediately if cancellations are made or additional locations added.(c)
The itinerary shall be submitted in writing including by facsimile or electronic mail.(3)
Except as established in subsection (4) of this section, the applicant shall provide proof of liability insurance in the amount of at least $1,000,00 per occurrence for 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 at least 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; or2.
A statement that all amusement rides and amusement attractions operated under the supervision of the insured are covered in the policy.(4)
If the applicant's amusement rides or amusement attractions are permanently located or erected, the applicant may, instead of providing proof of liability insurance, provide proof of financial responsibility in at least the amount of $1,000,000 on or before the date of the initial safety inspection. Proof of financial responsibility shall be shown by:(a)
Proof of liability insurance of at least $1,000,000 per occurrence for bodily injury or death;(b)
A financial statement, certified by a licensed certified public accountant, dated no more than thirty (30) days prior to the application date, indicating a net worth of at least $1,000,000 or more in assets located in the state; or(c)
An irrevocable letter of credit to the department in the amount of at least $1,000,000.Section 5.
Upon receipt of a complete application, applicable fees, proof of liability insurance or financial responsibility, and a complete itinerary, a permit shall be issued to the applicant.If all items required by this section are not physically available to the inspector when the initial safety inspection takes place, the inspector shall not perform the initial safety inspection and a permit shall not be issued.Section 6.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Business Registration Form", 6/23;(b)
"Amusement Ride and Attraction Permit Application", 6/23;(c)
"Itinerary Mobile Operators", 03/03; and(d)
"Itinerary Permanent Fixed Locations", 03/03.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the 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.RYAN QUARLES, Commissioner of Agriculture
APPROVED BY AGENCY: June 14, 2023
FILED WITH LRC: June 15, 2023 at 11:50 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 22, 2023 at 11:00 a.m., at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort Kentucky 40601, phone (502) 330-6360, email clint.quarles@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clint Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation creates the process for business registration and permit application.
(b) The necessity of this administrative regulation:
This regulation creates rules for application to the KDA to become a permit holder.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The statutes charge the KDA with creating rules for application for a permit, and this filing satisfies that charge.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This filing makes clear for all entities the application process to the KDA.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This filing updates references and creates an application and permit fee. It increases the insurance requirement.
(b) The necessity of the amendment to this administrative regulation:
This filing updates references do to statute changes.
(c) How the amendment conforms to the content of the authorizing statutes:
This filing updates references do to statute changes.
(d) How the amendment will assist in the effective administration of the statutes:
This filing will make the regulation clearer and easier to understand.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The KDA has 532 active companies and 4232 active devices currently regulated.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Entities seeking a permit will need to follow the steps in the filing.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An application and permit fee are now required. Permit holders will need to carry the proper amount of insurance.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The permit holder will be able to lawfully operate.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KDA estimates $530,000 total annually.
(b) On a continuing basis:
The KDA estimates at least $530,000 total annually.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
A combination of fees and the KDA general fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
Fees are established to help offset program costs.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This filing does establish fees directly.
(9) TIERING: Is tiering applied?
No, all entities are treated the same.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The KDA.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 247.232-.236
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The KDA expects to receive $110,000 annually at current participation levels.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The KDA expects to receive $110,000 annually at current participation levels.
(c) How much will it cost to administer this program for the first year?
The cost to administer this regulation is approximately $530,000.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer for subsequent years is estimated to be at least $530,000.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
No cost savings are anticipated for this filing.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
(c) How much will it cost the regulated entities for the first year?
No changes in costs are anticipated, other than the application and permit fees.
(d) How much will it cost the regulated entities for subsequent years?
No changes in costs are anticipated, other than the application and permit fees.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] Fees will not exceed the major economic impact threshold.