88A.1  Definitions.

As used in this chapter, unless the context otherwise requires:

1.  "Amusement device" means any equipment or piece of equipment, appliance or combination thereof designed or intended to entertain or amuse a person.

2.  "Amusement ride" means any mechanized device,* combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. "Amusement ride" does not include a device or structure that is devoted principally to exhibitions related to agriculture, the arts, education, industry, religion, or science.

3.  "Carnival" means an enterprise offering amusement or entertainment to the public in, upon, or by means of amusement devices or rides or concession booths.

4.  "Commissioner" means the labor commissioner or the labor commissioner's designee.

5.  "Concession booth" means a structure, or enclosure, used at more than one fair or carnival, or at one fair or carnival for more than seven consecutive days, from which amusements are offered to the public.

6.  "Division" means the division of labor services of the department of workforce development created under section 84A.1.

7.  "Fair" means an enterprise principally devoted to the exhibition of products of agriculture or industry in connection with the operation of amusement rides or devices or concession booths.

8.  "Operator" means a person, or the agent of a person, who owns or controls or has the duty to control the operation of an amusement device or ride, a concession booth, or related electrical equipment at a carnival or fair. "Operator" includes an agency of the state or any of its political subdivisions.

9.  "Parent or guardian" means a parent, custodian, or guardian or person responsible for the control, safety, training, or education of a rider who is a minor or person with a disability.

10.  "Related electrical equipment" means any electrical apparatus or wiring used at a carnival or fair.

11.  "Rider" means a person waiting in the immediate vicinity of an amusement ride to get on the amusement ride, getting on an amusement ride, using an amusement ride, getting off an amusement ride, or leaving an amusement ride and still in the immediate vicinity of the amusement ride. "Rider" does not include an employee, agent, or servant of the amusement owner** while engaged in the duties of their employment.

12.  "Sign" means any symbol or language reasonably calculated to communicate information to a rider or the rider's parent or guardian, including placards, prerecorded messages, live public address, stickers, pictures, pictograms, video, verbal information, and visual signals.

Section History: Early form

  [C73, 75, 77, 79, 81, § 88A.1]

Section History: Recent form

  86 Acts, ch 1245, § 915; 90 Acts, ch 1136, § 2; 96 Acts, ch 1186, § 23; 98 Acts, ch 1135, § 1, 2, 7

Footnotes

  *Comma probably should be replaced with the word "or"; corrective legislation is pending

  **Amusement ride owner probably intended; corrective legislation is pending


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