[Ord. No. 1261 §1, 7-19-2012; Ord. No. 1289 §1, 1-17-2013; Ord. No. 1512 §1, 3-16-2016; Ord. No. 1977, 12-15-2021]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any person who owns or operates a commercial establishment
offering live entertainment. If owned and/or operated by a partnership,
each partner shall be deemed an owner and/or operator of the business.
If owned and/or operated by a corporation, including a limited liability
organization, each officer, director or principal stockholder shall
be deemed an owner and/or operator of the business. For the purpose
of this Section, a principal stockholder is a person who owns or controls
twenty percent (20%) or more of the corporation or organization.
Any building and the grounds used therewith or any tract
of land where services are offered to the public for a consideration
or things are sold or are offered for sale or orders are taken for
the sale thereof to the public.
The City Clerk or such other person as may be designated
by the City Administrator.
Entertainment provided to an audience via amplification,
excluding karaoke and music played on equipment operated by a disc
jockey. Entertainment provided by televisions, juke boxes or recorded
music not played on equipment operated by a disk jockey are not required
to comply with the provisions of this Chapter.
[Ord. No. 2003, 4-20-2022; Ord.
No. 2011, 6-15-2022; ]
A license issued by the City that permits commercial establishments
to offer live entertainment, including outdoor live entertainment
within that portion of a commercial establishment that is regularly
used by the customers of a commercial establishment for consumption
of food and beverages, the purchase and sale of goods, the provision
of services, or the primary business of the commercial establishment.
A permit issued by the City that permits commercial establishments
to offer outdoor live entertainment, at a special event, not to exceed
twenty-four (24) consecutive hours, within the parking area, sidewalks,
or landscaped areas serving the commercial establishment.
Any person or persons who manage, direct, supervise or administer
the affairs or conduct of a commercial establishment offering live
entertainment, including assistant managers and supervisors who work
with or under the direction of a manager.
Live entertainment which is provided in a venue which is
not enclosed by a structure which has a solid roof and at least four
(4) solid walls.
A building or premises used for social, recreational, dining
or philanthropic purposes the normal use of which is limited to specific
members, patrons or otherwise listed and enumerated persons who organize
for a common purpose to pursue common goals, interests and activities
characterized by certain membership qualifications, payment of fees
and dues, regular meetings and a constitution and bylaws.
The detonation, ignition or deflagration of display fireworks
or flame effects to produce a visual or audible exhibition.
Events, such as, but not limited to, concerts, festivals,
parades and athletic events.
A pavilion, canvas house, or other temporary shelter, typically
without a foundation, sustained by poles, and enclosed with walls
of cloth, fabric, or other pliable material and used for live entertainment.
[Ord. No. 1261 §1, 7-19-2012; Ord. No. 1289 §1, 1-17-2013; Ord. No. 1512 §1, 3-16-2016]
A.
Live Entertainment Business License Required. It
shall be unlawful for any person to operate or permit to be operated
on any premises in the City any live entertainment unless the commercial
establishment has a valid live entertainment business license or live
entertainment special event permit.
B.
Exceptions. Notwithstanding the provisions of Subsection (A) of this Section to the contrary, live entertainment sponsored and/or authorized by the City or a public or private school, such that it is construed as an officially sanctioned event of the City or school, or churches, banquet halls, private clubs and lodges (provided such banquet halls, private clubs and lodges are in existence on or before July 19, 2012) are excluded from the provisions of this Chapter. Any banquet hall, private club or lodge constructed and/or opened after July 19, 2012, in the City that proposes to offer live entertainment shall be required to comply with the provisions of this Chapter. Notwithstanding the foregoing, nothing contained herein shall prohibit the City from establishing or enforcing similar or stricter regulations as a condition for the use of City owned or controlled property.
[Ord. No. 1261 §1, 7-19-2012; Ord. No. 1289 §1, 1-17-2013; Ord.
No. 1370 §1, 6-19-2014; Ord. No. 1512 §1, 3-16-2016; Ord. No. 1977, 12-15-2021; Ord. No. 2039, 10-19-2022]
A.
Outdoor live entertainment shall not be permitted between the hours
of 11:00 P.M. on Friday and 6:00 A.M. on the following Saturday, between
the hours of 11:00 P.M. on Saturday and 11:00 A.M. on the following
Sunday, and between 10:00 P.M. Sunday, Monday, Tuesday, Wednesday,
and Thursday and 6:00 A.M. the following morning.
B.
All other live entertainment shall not be permitted between the hours
of 1:00 A.M. and 6:00 A.M. on Saturday, between the hours of 1:00
A.M. and 11:00 A.M. on Sunday, and between 12:00 Midnight and 6:00
A.M. on Monday, Tuesday, Wednesday, Thursday, and Friday.
D.
Prohibited Individuals. With the exception of employees, no person
under the age of twenty-one (21) shall be allowed on the premises
of any commercial establishment that serves alcoholic beverages during
the time live entertainment is being offered unless accompanied by
his or her parent or legal guardian.
E.
Pyrotechnic Displays Prohibited. No pyrotechnic displays or devices
of any nature shall be permitted in conjunction with any commercial
establishment offering live entertainment.
F.
Disorderly Conduct. No fighting or other disorderly conduct shall
be allowed at any commercial establishment offering live entertainment.
Furthermore, no loitering or gathering around any commercial establishment
offering live entertainment shall be allowed once the business has
closed for the night.
G.
Separation From Nearby Residential Structures. Outdoor live entertainment
may only occur if there is at least two hundred (200) feet between
the closest point of the building or premises (or unit in a multi-tenant
building) at which the outdoor live entertainment occurs and the closest
point of any structure designed for residential purposes; except that
nothing contained in this Subsection shall apply to any building located
within the S-D/OT, Special District/Old Town Cottleville.
[Ord. No. 1261 §1, 7-19-2012; Ord. No. 1289 §1, 1-17-2013; Ord.
No. 1370 §2, 6-19-2014; Ord. No. 1512 §1, 3-16-2016]
A.
Fee. Each application for a live entertainment business
license shall be accompanied by an application fee of one hundred
fifty dollars ($150.00), no part of which shall be refundable.
B.
Required Information. Each application for a live
entertainment business license shall include the following:
1.
A completed live entertainment business license application
that includes the name and address of the commercial establishment;
description of commercial establishment; description of type of live
entertainment to be performed; name, address, date of birth, driver's
license number, telephone number and previous addresses of the applicant.
2.
A copy of the business license, liquor license, and any other
applicable permits or licenses issued to the commercial establishment
proposing to offer live entertainment.
3.
If any additional construction is proposed on the commercial
establishment site or if a tent will be used for any proposed live
entertainment, then a building permit must be obtained from the City,
and a copy thereof must be included with the application.
4.
In evaluating the application for the live entertainment business
license, the applicant may be required to provide to the City additional
information deemed necessary to properly review the application, including
an acoustical study prepared by a qualified acoustical engineer that
states the sound levels emitting from the commercial establishment
where live entertainment will be performed at intervals as follows:
fifty (50) feet from the front building line, and one hundred (100)
feet from the nearest residence or commercial establishment excluding
those in the same shopping center or multi-tenant building, if applicable.
The acoustical study shall document all sound-dampening features incorporated
into the commercial establishment seeking a live entertainment business
license.
C.
Review Of The Live Entertainment Business License Application. Each application for a live entertainment business license shall
be reviewed in accordance with the following procedures:
1.
The License Official shall review the application for the live
entertainment business license to make certain all submission requirements
have been met.
2.
Any individual identified on the application found to have been
convicted of any violation of City, State or Federal law, or ordinance
involving moral turpitude, or who has had any previous business license
suspended or revoked may result in a denial of the license request.
3.
The License Official may approve, approve with conditions or
deny the application for the live entertainment business license.
In approving the live entertainment business license, the License
Official may add reasonable conditions above and beyond the specific
restrictions and requirements of this Chapter deemed necessary to
protect the peace, health, safety, comfort, morals and general welfare
of the City and its inhabitants.
4.
Applications for a live entertainment business license that
are denied by the License Official may not be resubmitted for a period
of twelve (12) months from the date of said denial, except on the
grounds of new evidence or proof of change of factors found to be
valid by the License Official. Any such application setting forth
new evidence or proof of change of factors shall be treated as a new
application, and must comply with all of the requirements set forth
in this Section.
[Ord. No. 1261 §1, 7-19-2012; Ord. No. 1289 §1, 1-17-2013; Ord. No. 1512 §1, 3-16-2016]
A.
Fee. Each application for a live entertainment special
event permit shall be accompanied by an application fee of fifty dollars
($50.00), no part of which shall be refundable. Applications must
be submitted at least fourteen (14) days in advance of the date of
the proposed special event. Each special event permit shall be valid
for the dates and hours of operation for which it is granted, provided,
however, the hours of operation authorized for any permit shall not
exceed twenty-four (24) consecutive hours in duration. A maximum of
six (6) live entertainment special event permits may be issued to
any person or for the same location within a one (1) year period between
January 1 and December 31 of that same year. Nothing contained in
this Subsection shall prohibit an applicant from requesting multiple
permits for consecutive days or for consecutive 24-hour periods.
B.
Required Information. Each completed application
for a live entertainment special event permit shall be submitted at
least fourteen (14) days prior to the special event for which the
permit is sought, and shall include the following:
1.
A completed live entertainment special event permit application
that includes the name and address of the owners of the property at
which the special event is to occur; a description of the premises
at which the special event is to occur; a description of the type
of live entertainment to be performed; the name, address, date of
birth, driver's license number, telephone number and previous addresses
of the applicant.
2.
A copy of the current business license, liquor license, special
event liquor license, and any other applicable permits or licenses
issued to the proposed commercial establishment to offer live entertainment.
3.
If any additional construction is proposed on the commercial
establishment site or if a tent will be used for any proposed live
entertainment, then a building permit must be obtained from the City,
and a copy thereof must be included with the application.
C.
Review Of The Live Entertainment Special Event Permit. Each application for a live entertainment special event permit shall
be reviewed in accordance with the following procedures:
1.
License Official shall review the application for the live entertainment
special event permit to make certain all submission requirements have
been met.
2.
The License Official may approve, approve with conditions or
deny the application for the live entertainment special event permit.
In approving the live entertainment special event permit, the License
Official may add reasonable conditions above and beyond the specific
restrictions and requirements of this Chapter deemed necessary to
protect the peace, health, safety, comfort, morals and general welfare
of the City and its inhabitants.
3.
Applications for a live entertainment special event permit that
are denied by the License Official may not be resubmitted for a period
of twelve (12) months from the date of said denial, except on the
grounds of new evidence or proof of change of factors found to be
valid by the License Official. Any such application setting forth
new evidence or proof of change of factors shall be treated as a new
application, and must comply with all of the requirements set forth
in this Section.
[Ord. No. 1261 §1, 7-19-2012; Ord. No. 1289 §1, 1-17-2013; Ord. No. 1512 §1, 3-16-2016]
The live entertainment business license will be issued for a
one (1) year period beginning on January 1 and expiring on December
31 of that same year. If a commercial establishment applies for a
license for a portion of the year, the live entertainment business
license application fee will not be prorated. The live entertainment
special event permit shall only be valid for the date(s) and hours
of operation for which it was granted. A live entertainment business
license or live entertainment special event permit shall only be valid
for the business owner or operator to whom it was originally issued.
Any sale or transfer of the commercial establishment will void any
live entertainment business license or live entertainment special
event permit. The new owner/operator will be required to apply for
a new live entertainment business license and live entertainment special
event permit if he/she wishes to provide live entertainment.
[Ord. No. 1261 §1, 7-19-2012; Ord. No. 1289 §1, 1-17-2013; Ord. No. 1512 §1, 3-16-2016]
A.
The License Official may suspend for a period of up to ninety (90)
days or revoke any live entertainment license or permit upon the finding
of one (1) or more of the following:
1.
Intentional misstatements or misleading statements of fact in
the application for the license or permit not discovered until after
the issuance of the permit or license.
2.
Permitting any conduct that would constitute a violation of
the requirements of this Chapter and/or any additional conditions
that were placed upon the issuance of the license or permit by the
Board of Aldermen.
3.
Permitting any conduct that would constitute a violation of
any laws of the State or City ordinances.
4.
Permitting noise or other conditions which unreasonably disturb
the repose of occupants of nearby properties or unreasonably disturb
the peaceful enjoyment of nearby properties.
5.
Upon conviction of any violation of any law of this State or
City ordinance, the live entertainment license or permit shall be
revoked or suspended by a length of time as determined by the License
Official, but in no event less than ninety (90) days or more than
one (1) year.
[Ord. No. 1261 §1, 7-19-2012; Ord. No. 1289 §1, 1-17-2013; Ord. No. 1512 §1, 3-16-2016]
If any live entertainment license or permit is revoked or suspended by the License Official, the holder of the permit shall have the right to appeal such action to the City Administrator pursuant to Section 605.045 of this Code.
[Ord. No. 1261 §1, 7-19-2012; Ord. No. 1289 §1, 1-17-2013; Ord. No. 1512 §1, 3-16-2016]
Any person involved in the operation of a commercial establishment
offering live entertainment, or performer conducting the live entertainment,
found to be in violation of any of the provisions of this Chapter
shall be subject by a fine of up to five hundred dollars ($500.00)
and/or up to ninety (90) days in jail for each violation. Each day
such violation continues shall constitute a separate offense.
