Legislation under consideration by the Marysville city council that would broaden the list of fair workers submitting to background checks has been clarified, after council members questioned if other Marysville festival workers would be included.

While the list of those who must submit to a background check in order to work at the Union County fair will be expanded with council approval, workers at the All Ohio Bike Fest and the Ohio Chautauqua will not fall under the city's ordinance.

After further discussion in the council's public affairs committee, a "carnival" has been altered to mean "an enterprise lasting more than three consecutive days or 72 hours, that offers an amusement or entertainment to the public by means of one or more amusement rides or concessions." The proposed amendment to city ordinance 20-08 previously would have classified carnivals and fairs as lasting two days.

Council member Deborah Groat, a member of the public affairs committee, told council that the change from two days to 72 hours should clarify any ambiguities.

"We prefer to use the three-day limit as opposed to the two-day," she said. "After speaking to (county representatives), we feel that the Chautauqua and bike fest will not fall under this purview."

Committee chair Leah Sellers told ThisWeek that the updated legislation will expand the list of those who must submit to a background check from rides and games operators to include food vendors and those who clean the facilities, and to define the time frame of a fair or carnival that would be affected by the ordinance.

Under the ordinance, ride and games operators must submit their names for a background check by local law enforcement bodies to obtain a license to operate during the fair. The list is used by the Marysville Police Department to conduct a check for felony warrants and sex offender status, according to the ordinance. Failure to obtain a license prior to working at the fair constitutes a fourth-degree misdemeanor for the first offense and a first-degree misdemeanor for any subsequent offenses, and each day an operator is in violation after the first constitutes a separate offense, according to the ordinance.Council first passed legislation in July 2008 requiring licenses for those who operate fairs, carnivals, concessions or amusement rides in the city, along with felony warrant and sexual offender registration checks for all carnival workers.

As a result of background checks, Marysville Police discovered that a homeless man from Dayton, a Tier III sexual offender, was listed as an employee of the amusement company hired for the fair. The man had previously been convicted of gross sexual imposition or an offense against a child under the age of 13. He was fired by the amusement company when this was discovered.

The third and final reading of the ordinance amendment is scheduled to take place at the next Marysville city council meeting on Nov. 19.

lrice@thisweeknews.com