TEMPORARY AMUSEMENT DEVICE (090)

DCA Licensing Center
42 Broadway, 5th Floor
New York, NY 10004
For more information, call 311 (or 212-NEW-YORK outside of New York City). 

Note: New York City businesses must comply with all relevant federal, state, and City laws and rules. All laws and rules of the City of New York, including the Consumer Protection Law and Rules, are accessible using the Public Access Portal. For convenience, sections of the New York City Licensing Law (and Rules, if enacted) are available as a downloadable handout.

Please note that businesses are responsible for knowing and complying with the most current laws, including any City Council amendments. The Department of Consumer Affairs (DCA) is not responsible for errors or omissions in the handout. The information is not legal advice. You can only obtain legal advice from a lawyer.

APPLICATION REQUIREMENTS: 

Before You File Your DCA License Application
You must obtain the following required documents before filing your application. Although DCA does not require submission of these documents in order to process your application in person or online, DCA reserves the right to request and examine the documents under section 20.104 of the New York City Administrative Code.

• Applicable Business Certificates based on your Business's Legal Structure

Sole Proprietorships operating under a name other than your own must file a Business/Assumed Name Certificate with the clerk of the county in which your business is conducted.

Sole Proprietorships doing business under your own name—and not under a trade or Doing-Business-As (DBA) name—do not need a Business Certificate.

General/Business Partnerships must file your Partnership Certificate with the clerk of the county in which your business is conducted.

Corporations, Limited Partnerships, Limited Liability Companies, or Limited Liability Partnerships must register and remain active with the New York State Department of State. Active status will be verified by DCA prior to license issuance. You can confirm the status of your business entity at NYS Web site. If applicable, you must also file an Assumed Name Certificate for your business.

Businesses incorporated out of state must obtain a Certificate of Doing Business in Good Standing from your home state’s Secretary of State and file this with an application for Authority to Conduct Business in New York with the New York State Secretary of State.

When You File Your DCA License Application:
Below are requirements when filing your license application. It is highly recommended that you submit your application materials at least thirty (30) days before the event.

• Basic License Application   

NEW: Temporary Amusement Device license applicants can now submit new license applications online. Applying for the license online does not mean the license is automatically approved. A major credit card is required to submit applications online. Convenience fees apply. After reviewing application requirements, please click the Apply Online link at the bottom of this Web page to submit your application online.

For in-person application submission, applicants can download and complete the Basic License Application Form (in PDF).

• Amusement Ride Inspection Application (ELV-32) (download)
  Complete the Amusement Ride Inspection Application (ELV-32) and DCA will forward your request to the Department of Buildings (DOB) and the relevant Community Board and Council Member for review and/or approval. At the time of your DOB inspection, you should have a copy of the ELV-32 and the Affidavit of Compliance/Temporary Rides (download). You should also have a copy of the proposed foundations as recommended in the operation/maintenance manual of your amusement device. If the manual does not contain proposed footings, you must have a notarized plan and design of the footings prepared by a professional engineer (“PE”) or registered architect (“RA”) licensed in the State of New York. The plan must include the size and pressure under the footings and allowable soil bearing capacities. A copy of the plan must be kept with the amusement device. DOB will notify DCA with your inspection results. For more information on the inspection process, please call 311 and ask for “Portable Amusement Ride – Inspection” or visit the the DOB Web site at www.nyc.gov/buildings.

The Community Board and Council Member have 15 days to respond and their feedback will be taken into consideration in the review of your license application. Note: If you submit your application within 30 days before the event, you must submit a letter of approval from the Community Board and Council Member indicating you can operate your amusement device at the event.

• Workers' Compensation Insurance 
  Provide a copy of ONE of the following documents as proof of workers’ compensation insurance information:
  • An Insurance Certificate for workers’ compensation insurance from a private insurance carrier or the New York State Insurance Fund Office. The Insurance Certificate must name the Department of Consumer Affairs as the certificate holder OR
  • A Certificate of Attestation of Exemption from the New York State Workers’ Compensation Board (if you claimed exemption from the requirement to hold workers’ compensation insurance)

To learn whether you can claim exemption from holding workers’ compensation insurance, visit NYS Workers’ Compensation Board at www.wcb.state.ny.us

Please note: You must provide DCA with proof of Workers’ Compensation Insurance should your business cease to qualify for Workers’ Compensation Exemption.

• Proof of Right to Use Premises
  Submit ONE of the following documents as proof of right to use premises where you will operate your amusement device(s):
  
  • A copy of your deed or bill of sale OR
  • A copy of your current lease and a copy of the deed or bill of sale proving the lessor’s ownership of the property OR
  • A letter from the nonprofit sponsor of the event indicating that you have been contracted to participate in the event. The letter must include the event date(s) and location where you will operate your amusement device.
  • If you will operate on City-owned property, you must obtain written permission from the New York City Department of Housing Preservation & Development (www.nyc.gov/hpd) or the Department of Citywide Administrative Services (www.nyc.gov/dcas)
    
    
• Liability Insurance for Amusement Devices
  You must submit a copy of the Insurance Certificate for your amusement device. Your Insurance Certificate must name the Department of Consumer Affairs (DCA) as the certificate holder. Minimum amount of coverage is $1,000,000.

Note: You must notify DCA within 14 days if your insurance policy is cancelled, expired, or was terminated for any reason. Notification must be in writing and submitted in person OR by mail to:

Attn: Licensing Center
New York City Department of Consumer Affairs
42 Broadway, 5th Floor
New York, NY 10004

• Child Support Certification Form (download)
  If your business is a SOLE PROPRIETORSHIP or GENERAL or LIMITED PARTNERSHIP, the proprietor or each individual general partner must submit a Child Support Certification Form. 
  
  
• Granting Authority to Act Affirmation (download)
  If this application will be filed by someone other than the license applicant, the license applicant must submit a Granting Authority to Act Affirmation. 
  
  
• Temporary Amusement Device Applicant Fees
  For License Fee: $50 for each device per event
  Fee must be paid by credit card, money order, or check payable to NYC Department of Consumer Affairs. Cards accepted include Visa, MasterCard, American Express, and Discover Card. 

Inspection fee: $100 per mechanical device
Fee must be paid by certified check or money order only payable to Department of Buildings.

Please note that convenience fees apply if you submit your license application online. A major credit card is required to submit applications online. 

You must visit the DCA Licensing Center to submit fees that are not payable to the Department of Consumer Affairs.

APPLICATION FILING PROCESS: 

ONLINE SUBMISSION:
Please make sure that you have reviewed and recorded the information required to submit a license application online before clicking the button below. Note: As outlined in the “When You File” section, applicants must submit the following supporting documents: Amusement Ride Inspection Application (ELV-32); Workers’ Compensation Insurance Information; Proof of Right to Use Premises; Liability Insurance Certificate; Child Support Certification Form (if applicable); Granting Authority to Act Affirmation (if applicable); and Department of Buildings Inspection Fees (if applicable). You must fax, e-mail, or bring documents to the DCA Licensing Center within five (5) business days after successfully filing the application form online. Applicants should follow instructions on the printed confirmation page. Your license application will not be complete without these requirements.

You will be routed to NYC Business Express.

IN-PERSON SUBMISSION:
Applications may be filed in person at the DCA Licensing Center at the address above between 9:00 a.m. and 5:00 p.m. on Monday, Tuesday, Thursday and Friday, and from 8:30 a.m. to 5:00 p.m. on Wednesday.

After You File Your DCA License Application:
Below is information you need to know after submitting your license application:

• Changes to List of Devices
  You must visit the DCA Licensing Center located at 42 Broadway, 5th Floor, in lower Manhattan if you need to make changes to the list of amusement devices.
  
  • If you need to make changes to one or two devices, please visit the Center at least three business days before the event.
  • If you need to make changes to three or more devices, please visit the Center at least five days before the event.
    
    
• NYPD Notification and Inspection of Your Devices
  If DCA approves your license application, DCA will submit a copy of your license document to the NYPD precinct where the event will be located. DOB will contact you about inspecting your device. Inspections are usually conducted the day before the event or during the first day of the event.
  
  • If you pass the inspection, DOB will issue you a “green tag” so that you may operate the device.
  • If you fail the inspection and cannot correct problems, you must dismantle your amusement device and take it out of operation. Operating an amusement device without a “green tag” is subject to penalties.
    
    
• Amusement Device Notification of Accident Report.
  You must submit a written Accident Report (download) of every accident relating to an amusement device within 24 hours after the occurrence. If the accident results in death or a person sustaining an injury that requires medical treatment, you must notify both the Department of Consumer Affairs and Department of Buildings immediately via phone, fax, and/or e-mail as provided on the Accident Report.