Iowa Code 88A.10 – Penalties
Current as of: 2023 | Check for updates
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1. Any person who operates an amusement device or ride, concession booth or related electrical equipment at a carnival or fair without having obtained a permit from the commissioner or who violates any order or rule issued by the commissioner under this chapter is guilty of a serious misdemeanor.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 88A.10
- Amusement device: means any equipment or piece of equipment, appliance or combination thereof designed or intended to entertain or amuse a person. See Iowa Code 88A.1
- Amusement ride: means any mechanized device or 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. See Iowa Code 88A.1
- Carnival: means an enterprise offering amusement or entertainment to the public in, upon, or by means of amusement devices or rides or concession booths. See Iowa Code 88A.1
- Commissioner: means the labor commissioner or the labor commissioner's designee. See Iowa Code 88A.1
- 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. See Iowa Code 88A.1
- 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. See Iowa Code 88A.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Related electrical equipment: means any electrical apparatus or wiring used at a carnival or fair. See Iowa Code 88A.1
- Rule: includes "regulation". See Iowa Code 4.1
- 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. See Iowa Code 88A.1
2. A person who interferes with, impedes, or obstructs in any manner the commissioner in the performance of the commissioner’s duties under this chapter is guilty of a simple misdemeanor. A person who bribes or attempts to bribe the commissioner is subject to section 722.1.
3. A person who fails to obey a safety-related requirement listed on a sign displayed at an amusement ride pursuant to section 88A.16, subsection 2, is subject to a civil penalty of one hundred dollars.