[R.O. 2008 § 635.010; 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:
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.
Entertainment provided to an audience via amplification,
excluding karaoke. Entertainment provided by televisions, jukeboxes
or recorded music not played on equipment operated by a disk jockey
are not required to comply with the provisions of this Chapter.
A license issued after approval by the City Council that
permits organizations or businesses to offer live entertainment.
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.
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.
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.
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.
[R.O. 2008 § 635.020; 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.
[R.O. 2008 § 635.030; 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.
[R.O. 2008 § 635.040; 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.
[R.O. 2008 § 635.050; 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-year period between July 1 and June 30 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.
[R.O. 2008 § 635.060; 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-year period beginning on July 1 of the year
and expiring on June 30 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.
[R.O. 2008 § 635.070; 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.
[R.O. 2008 § 635.080; 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.
[R.O. 2008 § 635.090; 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.
[R.O. 2008 § 635.100; 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 three (3) months in
jail for each violation.
