(a)        The term “amusement device” shall mean any mechanical or structural device or attraction that carries or conveys or permits persons to walk along, around or over a fixed or restricted route or course or within a defined area including the entrances and exits thereto, for the purpose of giving such persons amusement, pleasure, thrills or excitement. This term shall not include any of the following:

(1)        Devices operated on a river, lake, or any other natural body of water.

(2)        Wavepools.

(3)        Roller skating rinks.

(4)        Ice skating rinks.

(5)        Skateboard ramps or courses.

(6)        Mechanical bulls.

(7)        Buildings or concourses used in laser games.

(8)        All-terrain vehicles.

(9)        Motorcycles.

(10)      Bicycles.

(11)      Mopeds.

(12)      Rock walls that are in a fixed, permanent location.

(13)      Zip-lines.

(14)      Funhouses, haunted houses, and similar walk-through devices that are erected temporarily on a seasonal basis and do not have mechanical components.

(15)      Playground equipment, including but not limited to soft contained play equipment, swings, seesaws, slides, stationary spring-mounted animal features, jungle gyms, rider-propelled merry-go-rounds, and trampolines.

(16)      Any train or device previously or currently approved for use on the public rail transit system.

(b)        The term “amusement park” shall mean any tract or area used principally as a permanent location for amusement devices.

(b1)      The term “annual gross volume” shall mean the gross receipts a person or device receives from all types of sales made and business done during a 12-month period.

(b2)      The term “carnival area” shall mean any area, track, or structure that is rented, leased, or owned as a temporary location for amusement devices.

(c)        The term “Commissioner” shall mean the North Carolina Commissioner of Labor or his authorized representative.

(d)       The term “Director” shall mean the Director of the Elevator and Amusement Device Division of the North Carolina Department of Labor.

(e)        The term “operator” shall mean any person having direct control of the operation of an amusement device. The term “operator” shall not include a waterslide dispatcher or any person on the device for the purpose of receiving amusement, pleasure, thrills, or excitement.

(f)        The term “owner” shall mean any person or authorized agent of such person who owns an amusement device or in the event such device is leased, the lessee. The term “owner” also shall include the State of North Carolina or any political subdivision thereof or any unit of local government.

(g)        The term “person” shall mean any individual, association, partnership, firm, corporation, private organization, or the State of North Carolina or any political subdivision thereof or any unit of local government.

(h)        The term “waterslide” shall mean a stationary amusement device that provides a descending ride on a flowing water film through a trough or tube or on an inclined plane into a pool of water. This term does not include devices where the vertical distance between the highest and the lowest points does not exceed 15 feet.

(i)         The term “waterslide dispatcher” shall mean an employee who is stationed at the top of a waterslide for the purpose of managing the ride queue and dispatching users of the waterslide. ?(1985 (Reg. Sess., 1986), c. 990, s. 2; 1987, c. 864, s. 90(a); 1991, c. 178, s. 2; 2011-366, s. 5; 2015-152, s. 1; 2021-82, s. 2; 2022-75, s. 13(a).)

Terms Used In North Carolina General Statutes 95-111.3

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3