North Carolina § 95-111 - 3. Definitions.

§ 95-111. 3. Definitions.

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: Devices operated on a river, lake, or any other natural body of water. Wavepools. Roller skating rinks. Ice skating rinks. Skateboard ramps or courses. Mechanical bulls. Buildings or concourses used in laser games. All-terrain vehicles. Motorcycles. Bicycles. Mopeds. Rock walls that are in a fixed, permanent location. Zip-lines. Funhouses, haunted houses, and similar walk-through devices that are erected temporarily on a seasonal basis and do not have mechanical components. 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. Any train or device previously or currently approved for use on the public rail transit system. The term "amusement park" shall mean any tract or area used principally as a permanent location for amusement devices. 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. The term "carnival area" shall mean any area, track, or structure that is rented, leased, or owned as a temporary location for amusement devices. The term "Commissioner" shall mean the North Carolina Commissioner of Labor or his authorized representative. The term "Director" shall mean the Director of the Elevator and Amusement Device Division of the North Carolina Department of Labor. The term "operator" shall mean any person having direct control of the operation of an amusement device. The term "operator" shall not include any person on the device for the purpose of receiving amusement, pleasure, thrills, or excitement. 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. 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. 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. History (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.) Editor's Note. - A hyphen was inserted between the words "all" and "terrain" in subdivision (a)(8) at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2011-366, s. 5, effective June 27, 2011, in the introductory paragraph of subsection (a), deleted the former second sentence, which read: "The term shall include but not be limited to roller coasters, Ferris wheels, merry-go-rounds, glasshouses, waterslides, and walk-through dark houses," and in the last sentence, inserted "any of"; in subdivisions (a)(1) through (a)(12), made minor stylistic changes; and added subdivisions (a)(12) through (a)(15). Session Laws 2015-152, s. 1, effective July 16, 2015, inserted present subsection (b1), and redesignated former subsection (b1) as present subsection (b2). Session Laws 2021-82, s. 2, effective July 8, 2021, added subdivision (a)(16). Opinions of Attorney General A "go-cart" operated on a track by patrons for a fee is an amusement device as defined by subsection (a) of this section, and is subject to the requirements of the Amusement Device Safety Act of North Carolina. See opinion of Attorney General to Mr. John C. Brooks, Commissioner, North Carolina Department of Labor, 59 N.C.A.G. 25 (1989).