July 10, 1989
Subject:
Definition of Amusement Device, G.S. 95-111.3
Requested By:
John C. Brooks Commissioner North Carolina Department of Labor
Question:
Is a "go-cart" operated on a track by patrons for a fee an amusement device as defined by G.S. 95-111.3?
Conclusion:
Yes.
The North Carolina Courts have not construed the statutory definition of the term "amusement device." However, the requirement in G.S. 95-111.18 that the Article receive a liberal construction to protect the welfare of the people and the plain language of the statute suggests that a "go-cart" operated on a fixed or restricted route or course is an "amusement device." G.S. 95-111.3 provides in pertinent part as follows:
(a) The term "amusement device" shall mean any 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. The term shall include but not be limited to roller coasters, Ferris wheels, merry-go-rounds, glasshouses, waterslides, and walk-through dark houses.
A "go-cart" operated by a patron for a fee along, around, or over a fixed or restricted route or course (track) is a device operated for the purpose of amusement, pleasure, thrill, or excitement. Clearly, therefore, a "go-cart" operated on a fixed track is included within the definition of amusement device as set out in G.S. 95-111.3(a) and is subject to the requirements of Article 14B, Chapter 95 of the North Carolina General Statutes, the Amusement Device Safety Act of North Carolina.
There also has been no interpretation of "amusement device" by courts in states with similar statutory language. However, a few cases from other jurisdictions have considered miniature automobiles, two-wheel motor scooters, and "go-carts" operated on tracks at amusement facilities to be amusement devices or attractions. In Potts v Crafts, 5 Cal. App. 2d 83, 42 P.2d 87 (1935), the Court stated that the defendant operated a place of amusement which included an oval track on which patrons operated miniature automobiles. In Carlyle v Goettee, 64 Ga. App. 360, 13 S.E.2d 206 (1941), an amusement park furnished two-wheeled scooters to customers for a fee and also provided a track on which the public could ride the scooters. Finally, in Balart v Michel’s Kartway, Inc., 364 So. 2d 90 (1978 Fla. App. D3), the defendant operated a place of public amusement which consisted of a "go-cart" track facility where "go-carts" were rented to patrons for use on the track. See also, 4 Am. Jur.2d, Amusements and Exhibitions, § 91 and 86 ALR2d 353 (1962). While these cases do not involve the interpretation statutory law, they are of statutory law, they are supportive of the above interpretation of the definition of "amusement device" under G.S. 95-111.3(a).
In summary, a "go-cart" operated over a restricted route for a fee by patrons is an amusement device as defined by G.S. 95-111.3(a).
Lacy H. Thornburg Attorney General
Richard A. Love Associate Attorney General