[R.O. 2008 § 635.010; R.O. 2007
§ 640.010; Ord. No. 4749 § 1, 11-19-2004; Ord. No. 5316 § 1, 4-10-2008; Ord. No. 7116, 5-23-2024]
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, jukeboxes
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 SPECIAL EVENT
Live entertainment provided on the premises of any business,
banquet hall, private club or lodge other than in a fully enclosed
permanent structure, including in any parking lot or other outdoor
area, gazebo or similar open-sided structure, or tent.
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 or her 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.
[R.O. 2008 § 635.020; R.O. 2007
§ 640.020; Ord. No. 4749 § 2, 11-19-2004; Ord. No. 5316 § 1, 4-10-2008; Ord. No. 7116, 5-23-2024]
A. Live Entertainment Special Event Permit
Required. It shall be unlawful for any organization or business to
offer or permit to be offered on any premises in the City any live
entertainment special event as defined in this Chapter, unless they
have a valid 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; Ord. No. 7116, 5-23-2024]
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.
1.
Any commercial establishment offering
live entertainment must 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 business owner may share the off-street
parking spaces of adjacent commercial properties if a shared parking
plan prepared and submitted by the business owner can demonstrate
to the satisfaction of the Director of Planning and Development 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 above parking
requirements must 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.
A 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 must have at least two hundred (200) feet between the closest point of the building (or unit in a multi-tenant building) in which the entertainment is offered and the closest point of any structure designed for residential purposes; or an acoustical study prepared by a qualified acoustical engineer establishes to the satisfaction of the Director of Planning and Development that the sound level emitting from the 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 is offered.
[R.O. 2008 § 635.050; R.O. 2007
§ 640.050; Ord. No. 4749 § 5, 11-19-2004; Ord. No. 5316 § 1, 4-10-2008; Ord. No. 7116, 5-23-2024]
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, or 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 a live entertainment special event.
3.
A site plan and floor plan showing
the location of the event and proximity to other businesses and/or
residences, size of the location where live entertainment special
event will be performed, 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 special event. 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 or approve with conditions 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; Ord. No. 7116, 5-23-2024]
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 special event permit
shall only be valid for the business owner and operator to whom it
was originally issued.
[R.O. 2008 § 635.070; R.O. 2007
§ 640.070; Ord. No. 4749 § 7, 11-19-2004; Ord. No. 5316 § 1, 4-10-2008; Ord. No. 7116, 5-23-2024]
The Chief of Police is authorized to close any establishment
or event found to be providing live entertainment in violation of
the requirements of this Chapter 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; Ord. No. 7116, 5-23-2024]
A. The City Clerk may revoke any live entertainment
special event 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 permit not discovered
until after the issuance of the permit.
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
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 special
event permit shall be revoked or suspended for a length of time as
determined by the City Clerk to be reasonably commensurate with the
severity and duration of the violation.
[R.O. 2008 § 635.090; R.O. 2007
§ 640.090; Ord. No. 4749 § 9, 11-19-2004; Ord. No. 5316 § 1, 4-10-2008; Ord. No. 7116, 5-23-2024]
A. If any live entertainment special event
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 City Council may consider the appeal
on the records of the City and the written appeal of the appellant
or may take additional testimony or evidence as the Council believes
appropriate. 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 special event permit.
C. Any 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; Ord. No. 7116, 5-23-2024]
Any person involved in the operation
of an 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.