City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents

Section 635.010 Definitions.

[R.O. 2007 §640.010; Ord. No. 4749 §1, 11-19-2004; Ord. No. 5316 §1, 4-10-2008]
As used in this Chapter, the following terms shall have these prescribed meanings:
BUSINESS OWNER OR OPERATOR
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.
LIVE ENTERTAINMENT
Entertainment provided to an audience via amplification, excluding karaoke. 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.
LIVE ENTERTAINMENT BUSINESS LICENSE
A license issued after approval by the City Council that permits organizations or businesses to offer live entertainment.
LIVE ENTERTAINMENT SPECIAL EVENT PERMIT
A permit issued after approval by the City Council that permits organizations or businesses to offer live entertainment at a special event, not to exceed five (5) consecutive days.
MANAGER
Any person or persons who manage, direct, supervise or administer the affairs or conduct of an organization or establishment offering live entertainment, including assistant managers and supervisors who work with or under the direction of a manager.
NUDITY
Any female appearing in a costume, garment or other device or apparel which reveals the nipple or areola of the breast, or any portion of such breast below the upper edge of the areola, or any part of her pubic or anal areas, or the lower half of her buttocks, whether such flesh be uncovered or covered by a mesh, transparent or similar material or covering; or any male appearing in a costume, garment or other device or apparel which reveals the flesh of any part of his pubic or anal areas, the lower half of his buttocks, whether such flesh be uncovered or covered by mesh, transparent or similar material or covering.
PRIVATE CLUB OR LODGE
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.
PYROTECHNIC DISPLAY
The detonation, ignition or deflagration of display fireworks or flame effects to produce a visual or audible exhibition.

Section 635.020 Licenses and Permits — When Required.

[R.O. 2007 §640.020; Ord. No. 4749 §2, 11-19-2004; Ord. No. 5316 §1, 4-10-2008]
A. 
Live Entertainment Business License Required. It shall be unlawful for any organization or business to operate or permit to be operated on any premises in the City any live entertainment unless they have a valid live entertainment business license or live entertainment special event permit.
B. 
Exceptions. Live entertainment sponsored and/or authorized by the City, schools, churches, not-for-profit organizations, banquet halls, private clubs and lodges (provided such banquet halls, private clubs and lodges are in existence on or before September 1, 2004) are excluded from the provisions of this Chapter. Any banquet hall, private club or lodge constructed and/or opened after September 1, 2004, in the City that proposes to offer live entertainment shall be required to comply with the provisions of this Chapter.

Section 635.030 Specific Restrictions and Requirements.

[R.O. 2007 §640.030; Ord. No. 4749 §3, 11-19-2004; Ord. No. 5316 §1, 4-10-2008]
A. 
Hours Of Operation. Live entertainment shall not be permitted between the hours of 1:30 A.M. and 6:00 A.M. on Tuesday through Saturday, between the hours of 1:30 A.M. and 11:00 A.M. Sunday and between the hours of 12:00 A.M. and 6:00 A.M. Monday.
B. 
Off-Street Parking. A live entertainment business license shall only be issued if:
1. 
The commercial establishment applying for a live entertainment business license can provide one (1) on-site, off-street automobile parking space per three (3) individuals based on the maximum capacity of the establishment as determined by the Fire Marshall during the hours the live entertainment is to occur.
2. 
If the parking lot is not of sufficient size to meet this requirement, the applicant may share the off-street parking spaces of adjacent commercial properties if a shared parking plan prepared and submitted by the applicant can demonstrate to the satisfaction of the City Council that the required number of available parking spaces will be available during the hours the live entertainment will be provided. However, in the event that the commercial establishment is part of a shopping center or other multi-tenant building, the license shall only be granted if the above parking requirements can be satisfied in addition to the required off-street automobile parking requirements for the other tenant(s) and/or speculative commercial space yet to be occupied.
3. 
The shared parking plan must clearly demonstrate the feasibility of utilizing shared parking and address, at minimum, the size and type of the adjoining uses, their required parking under Article XII of Chapter 400, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. Shared off-street parking spaces must be located within six hundred (600) feet of the primary entrance of all buildings they are intended to serve, the location of which is not on the opposite side of a public four (4) lane or more roadway, including any turn-only lanes.
4. 
Parking—special event live entertainment. Any commercial establishment seeking a live entertainment special event permit must demonstrate to the satisfaction of the City Council that adequate parking will be available during the date(s) and time that the live entertainment will be provided.
C. 
Staffing And Security Personnel. At least one (1) employee of at least twenty-one (21) years of age shall be on duty at all times and be present on the premises of the commercial establishment offering live entertainment for every thirty (30) people in the audience.
D. 
Noise. No noise emitting from the premises at which live entertainment is offered shall be at such a level as to unreasonably disturb the peaceful enjoyment of nearby properties.
E. 
Nudity Prohibited. No nudity shall be permitted at any commercial establishment offering live entertainment unless it is a sexually-oriented business operating under a conditional use permit granted by the City.
F. 
Prohibited Individuals. With the exception of employees, no person under the age of twenty-one (21) shall be permitted 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.
G. 
Pyrotechnic Displays Prohibited. No pyrotechnic displays or devices of any nature shall be permitted in conjunction with any commercial establishment offering live entertainment.
H. 
Disorderly Conduct. No fighting or other disorderly conduct shall be permitted at any commercial establishment offering live entertainment. Furthermore, no loitering or gathering around any commercial establishment offering live entertainment shall be permitted once the business has closed for the night.
I. 
Separation From Nearby Residential Structures. A live entertainment business license shall only be issued if:
1. 
There is at least two hundred (200) feet between the closest point of the building (or unit in a multi-tenant building) for which the license is sought and the closest point of any structure designed for residential purposes; or
2. 
An acoustical study prepared by a qualified acoustical engineer establishes to the satisfaction of the City Council that the sound level emitting from the licensed establishment will not exceed the standards set forth in Section 215.237 of the City Code at the closest point on any adjoining lot upon which a structure designed for residential purposes is located. The acoustical study shall document all sound-dampening features incorporated in the premises to be licensed; all such features shall remain so long as any live entertainment business license is in force.

Section 635.040 Live Entertainment Business Licenses — Application Requirements and Review Procedures.

[R.O. 2007 §640.040; Ord. No. 4749 §4, 11-19-2004; Ord. No. 5316 §1, 4-10-2008]
A. 
Fee. Each application for a live entertainment business license shall be accompanied by a fee of two hundred fifty dollars ($250.00), no part of which shall be refundable. Applications may take up to thirty (30) days to process.
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 business/organization; description of premises; description of type of live entertainment to be performed; name, address, date of birth, driver's license number, telephone number and previous addresses of applicant.
2. 
A copy of the business license, liquor license, Fire Marshall occupancy limit certificate and any other applicable permits or licenses issued to the establishment proposing to offer live entertainment.
3. 
A site plan and floor plan showing the location of the business and proximity to other businesses and/or residences, size of the business, location where live entertainment will be performed, building ingress and egress points and parking lot(s).
4. 
A shared parking plan (including shared parking agreements) if the proposed commercial establishment to offer live entertainment does not have for its exclusive use on site the required one (1) off-street automobile parking space per three (3) individuals based on the maximum capacity of the establishment as determined by the Fire Marshall.
5. 
In evaluating the application for the live entertainment business license, the City Council may require 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: outside of the business building, fifty (50) feet and one hundred (100) feet from the business building and at the nearest residence or commercial building excluding those in the same business complex, if applicable. The acoustical study shall document all sound-dampening features incorporated into the commercial establishment that proposes to offer live entertainment.
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 City Clerk shall review the application for the live entertainment business license to make certain all submission requirements have been met.
2. 
The application for a live entertainment business license shall be referred to the Chief of Police for investigation as to the character and fitness of the proposed business owner(s), manager(s) or any person(s) listed as having an interest in the proposed live entertainment operation. Any individual identified on the application found to have been convicted of any violation of City, State or Federal Statute or ordinance involving moral turpitude or who has had any previous business license suspended or revoked may result in a recommendation of denial of the license request.
3. 
A majority vote by the City Council shall be required to approve, approve with conditions or deny the application for the live entertainment business license. In approving the live entertainment business license, the City Council may add conditions above and beyond the specific restrictions and requirements of Chapter 635 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 City Council 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 City Clerk or Chief of Police. In addition, the application shall be accompanied by the fee of two hundred fifty dollars ($250.00) as set forth herein.

Section 635.050 Live Entertainment Special Event Permits — Application Requirements and Review Procedures.

[R.O. 2007 §640.050; Ord. No. 4749 §5, 11-19-2004; Ord. No. 5316 §1, 4-10-2008]
A. 
Fee. Each application for a live entertainment special event permit shall be accompanied by a fee of fifty dollars ($50.00), no part of which shall be refundable. Applications must be submitted at least thirty (30) days in advance of the date of the proposed event. A maximum of two (2) live entertainment special permits may be issued to any organization, business, person or for the same location within a one (1) year period between July first (1st) and June thirtieth (30th) of the succeeding year, each of which shall not exceed five (5) consecutive days in duration.
B. 
Required Information. Each application for a live entertainment special event permit shall include the following:
1. 
A completed live entertainment special event permit application that includes: the name and address of the business/organization; description of premises; description of type of live entertainment to be performed; name, address, date of birth, driver's license number, telephone number and previous addresses of applicant.
2. 
A copy of their current business license, liquor license, tent permit, special event liquor license, Fire Marshall occupancy limit certificate and any other applicable permits or licenses issued to the proposed commercial establishment to offer live entertainment.
3. 
A site plan and floor plan showing the location of the business and proximity to other businesses and/or residences, size of the business, location where live entertainment will be performed, building ingress and egress points and parking lot(s).
C. 
Review Of The Live Entertainment Special Event Permit. Each application for a live entertainment business license shall be reviewed in accordance with the following procedures:
1. 
The City Clerk shall review the application for the live entertainment special event permit to make certain all submission requirements have been met.
2. 
The application for a live entertainment special event permit shall be referred to the Chief of Police for investigation as to the character and fitness of the proposed business owner(s), manager(s) or any person(s) listed as having an interest in the proposed live entertainment operation. Any individual identified on the application found to have been convicted of any violation of City, State or Federal Statute or ordinance involving moral turpitude or who has had any previous business license suspended or revoked may result in a recommendation of denial of the license request.
3. 
A majority vote by the City Council shall be required to approve, approve with conditions or deny the application for the live entertainment special event permit. In approving the live entertainment special event permit, the City Council may add conditions above and beyond the specific restrictions and requirements of Chapter 635 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 special event permit that are denied by the City Council 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 City Clerk or Chief of Police. In addition, the application shall be accompanied by the fee of fifty dollars ($50.00) as set forth herein.

Section 635.060 Expiration and Validity of Live Entertainment License and Special Event Permit.

[R.O. 2007 §640.060; Ord. No. 4749 §6, 11-19-2004; Ord. No. 5316 §1, 4-10-2008]
The live entertainment business license will be issued for a one (1) year period beginning on July first (1st) of the year and expiring on June thirtieth (30th) of the succeeding year. 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 special event permit shall only be valid for the business owner and operator to whom it was originally issued. Any sale or transfer of the commercial establishment will void any live entertainment business license or special event permit. The new owner/operator will be required to apply for a live entertainment business license if they wish to continue offering live entertainment.

Section 635.070 Authorization To Close and Investigate.

[R.O. 2007 §640.070; Ord. No. 4749 §7, 11-19-2004; Ord. No. 5316 §1, 4-10-2008]
A. 
The Chief of Police is authorized to close any commercial establishment or event found to be providing live entertainment without the necessary license or permit for a period up to twenty-four (24) hours in order to preserve the status quo during investigation by the Chief of Police and City Administrator.
B. 
The Chief of Police is authorized to close any commercial establishment or event with the necessary license or permit suspected to be in 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 City Council for a period up to twenty-four (24) hours in order to preserve the status quo during investigation by the Chief of Police and City Administrator.

Section 635.080 Revocation or Suspension of A Live Entertainment License or Permit.

[R.O. 2007 §640.080; Ord. No. 4749 §8, 11-19-2004; Ord. No. 5316 §1, 4-10-2008]
A. 
The City Clerk 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 City Council.
3. 
Permitting any conduct that would constitute a violation of any State Statutes 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 State Statute or City ordinance, the live entertainment license or permit shall be revoked or suspended by a length of time as determined by the City Clerk.

Section 635.090 Appeal of A Revoked or Suspended Live Entertainment License or Permit.

[R.O. 2007 §640.090; Ord. No. 4749 §9, 11-19-2004; Ord. No. 5316 §1, 4-10-2008]
A. 
If any live entertainment license or permit is revoked or suspended by the City Clerk, the holder of the permit may request review by the City Council. Written notice of a request for review must be filed with the City Clerk within five (5) days of the date of notice of suspension or revocation, and must set forth all reasons known or asserted by the appellant as to wherein and why the Clerk's decision is erroneous.
B. 
The decision of the City Council and the reasons thereof shall be sent by certified mail or hand delivered to the holder of the live entertainment license or permit.
C. 
Any licensee or permit holder aggrieved by a decision of the City Council may seek review in the Circuit Court of St. Charles County pursuant to the provisions of Chapter 536, RSMo., by filing a petition for judicial review within fifteen (15) days of the date of the Council's decision.

Section 635.100 Penalty For Violation of A Live Entertainment License or Permit.

[R.O. 2007 §640.100; Ord. No. 4749 §10, 11-19-2004; Ord. No. 5316 §1, 4-10-2008]
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.