City of Hazelwood, MO
St. Louis County
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Table of Contents
Table of Contents
Article I Structures For Circuses, Exhibitions and Other Public Assemblages
Article II Amusement Centers and Arcades
[CC 1997 §5.1]
It shall be unlawful for any person to erect or cause to be erected any temporary structure to be used as a place of amusement or for any religious, educational or recreational purposes or for any other public assemblages whatsoever within the City without first having made application for and received permission to do so in accordance with the conditions and limitations as set out in this Article.
[CC 1997 §5.2]
A. 
The applicant for a permit under this Article shall file an application in writing with the Public Works Director, which application shall be accompanied by three (3) sets of building plans, drawn to scale, which shall indicate clearly:
1. 
The type of construction.
2. 
The seating arrangements.
3. 
The location of aisles.
4. 
The structural details and calculations of the seats and supports.
5. 
The location of all electrical wiring.
6. 
The location of all exits.
7. 
The location of all fire equipment within the structure and the specifications of such equipment.
8. 
The location of adjacent structures and obstructions which might hinder the free egress of persons from the exits.
9. 
The parking location and arrangement (one (1) space for each three (3) seats).
B. 
Such application shall further specify:
1. 
Whether any open flame is intended to be used within the structure, and if so, what precautions are to be taken to render it safe.
2. 
The name(s) of the sponsor(s) and concessionaire(s) who will use the structure.
3. 
The location of the principal place of business of the sponsor(s) and concessionaire(s).
4. 
The length of time the structure is intended to be used for the purposes applied for public assemblages.
5. 
The hours of the day or night during which such structure is intended to be used as a place of assembly.
6. 
The formula of the fire retardant solution which is to be used, if a canvas or similar structure.
7. 
What provisions have been made for sanitary facilities for persons using the premises on which such structure is to be erected or is maintained.
8. 
Such other relevant information as the Public Works Director may require.
C. 
Such application and plans shall be submitted to the Public Works Director at least thirty (30) days prior to the date of the opening of any such structure. The Public Works Director shall review said plans to determine compliance with all City Code provisions and to determine that the public health, safety and welfare are to be adequately protected. A report shall be submitted to the applicant in writing within ten (10) days after receipt of said application, either denying or accepting the application. If the application to erect and maintain is denied, the Public Works Director shall set forth the reasons therefor.
If the Public Works Director finds that the provisions of this Section have been complied with by the applicant, he shall issue a building permit to erect or maintain such structure conditional upon such reasonable limitations and requirements as he may deem necessary for the protection of the public health, safety and welfare.
[CC 1997 §5.3]
Any person whose building permit has been denied may, within ten (10) days after receipt of a notice thereof, appeal to the City Council for a hearing thereon, and the decision of the Council in this regard shall be final. If no appeal is taken within ten (10) days as provided herein, the action of the Public Works Director shall be final.
[CC 1997 §5.4; Ord. No. 1808-85, 6-5-1985]
A. 
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
CARNIVALS
Amusement events having more than ten (10) concessions.
CONCESSION
Booths for the sale of food, merchandise or for playing of games.
FESTIVALS
Amusement events having ten (10) or less concessions.
B. 
The applicant for a permit under this Article shall pay to the Director of Finance, a fee, according to the following schedule:
Carnivals (per week or any fraction thereof)
$175.00
Circus (per day)
$150.00
Festivals (per week or any fraction thereof)
$100.00
Menageries, rodeos and wild west shows (per day)
$100.00
Concessions (per week or any fraction thereof)
$5.00
Parades for circuses and menageries when circus or menagerie is located outside of the City (per day)
$100.00
Any amusement or entertainment or show of any kind in the City not included in above and not including amusement coin-operated devices provided under Chapter 605, Licenses (per day)
$15.00
Same (per week)
$50.00
C. 
All mechanical rides or similar devices that are inspected pursuant to a contract with St. Louis County are exempt from any fees herein.
D. 
The Council may waive any fees required herein for not-for-profit charitable organizations, but such organizations shall comply with the remaining portions of the Municipal Code.
[CC 1997 §5.5]
The applicant for a license under this Article shall furnish evidence that a public liability insurance policy in amounts of not less than one hundred thousand dollars ($100,000.00) for one (1) person and three hundred thousand dollars ($300,000.00) for any one (1) accident, shall be in force and effect at the time such structure is to be occupied as a place of assembly by the public.
[CC 1997 §5.6]
The applicant for a license under this Article shall deposit with the City Finance Director a cash bond or surety bond in the sum of one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00), dependent upon the size and location of the event, conditioned upon saving harmless the City from all liabilities or causes of action which might arise by virtue of the granting of a permit to the applicant and conditioned further that no damage will be done to the streets, sewers, trees, parks, private or public property and that no dirt, paper, litter or other debris will be permitted to remain upon the streets, in parks, or upon any private property by such applicant. Such cash bond or surety bond shall be returned to the applicant upon certification by the Public Works Director that all conditions of this Article have been complied with.
[CC 1997 §5.7]
A. 
It shall be unlawful for any person to cause or permit the occupancy of a structure governed by this Article as a place of assembly, without the issuance of a permit to occupy such structure as provided for in this Article.
B. 
The Public Works Director shall determine if the applicant for a permit to occupy under this Article has made provision for:
1. 
Adequate aisles, seats, platforms and poles.
2. 
Sufficient exits, well marked and properly lighted.
3. 
Lighted and unobstructed passageways to areas leading away from the structure.
4. 
Removal, before the structure is to be used as a place of public assembly, of any pole, rope or other obstruction in any aisle or exit.
5. 
Inspection before the opening by the City Electrical Inspector to ascertain if any defects exist in the wiring and provision made for immediate correction of any defects which may be found.
6. 
Sufficient first aid and fire fighting equipment to be distributed throughout the structure with operating personnel familiar with the operation of such equipment available and assigned during the use of such structure as a place of assembly.
7. 
Sufficient "No Smoking" signs visible at all times.
8. 
An employee at each entrance to require the extinguishing of all cigarettes, cigars and other smoking materials.
9. 
Proper safeguarding of any use of open flames.
10. 
The clearing of straw, dry grass, sawdust and any combustible trash from the structure before it is opened to the public and arrangements made to keep the areas where debris may be expected to accumulate well serviced, especially under open seats.
11. 
Proper facilities for calling the City Fire and Police Departments.
12. 
Such special fire equipment to attend such structure during its use as a place of public assembly as the Fire Chief may decide is necessary for proper fire protection.
13. 
The attendance of such Police Officers and Firefighters as may be deemed necessary for the control of persons in the assembly to prevent overcrowding, obstruction of aisles and exits, and such other control as may be necessary to render the occupation of such structure by the public safe. A list of such personnel shall be submitted prior to the event and shall be subject to approval by the City.
14. 
The tent and canvas parts of the structure, if applicable, and all combustible decorative materials, including curtains, acoustic materials, streamers, cloth, cotton batting, straw, vines, leaves, trees and moss shall be rendered fire resistant.
[CC 1997 §5.8]
Upon completion of a structure governed by this Article, it shall not be used as a place of assembly until the Public Works Director has inspected the entire premises upon which the structure is located.
[CC 1997 §5.9]
If the Public Works Director finds that all of the limitations and requirements of Section 610.070 of this Article have been complied with and that the structure has been erected in accordance with the plans and specifications submitted with the application, he shall grant a permit to occupy such premises.
[CC 1997 §5.10]
If the Public Works Director finds that a structure governed by this Article, or the premises on which it is located, is being maintained in violation of any of the provisions of the permit to erect and maintain, or any of the provisions of this Article or in such a manner as to impair the public health, safety and welfare, he may revoke the permit to occupy provided for in this Article.
[CC 1997 §5.11; Ord. No. 1011-73, 12-19-1973]
Any person whose permit to occupy has been revoked may, within ten (10) days after receipt of a notice thereof, appeal to the City Council for a hearing thereon, and the decision of the Council in this regard shall be final. If no appeal is taken within ten (10) days, as provided herein, the action of the Public Works Director shall be final.
[CC 1997 §5.12; Ord. No. 2600-95, 3-15-1995; Ord. No. 4119-10 §4, 12-1-2010]
The Mechanical Code adopted by St. Louis County on or about July 13, 2010, as Ordinance #24,438 as it pertains to amusements only is hereby adopted as the Amusement Code of the City of Hazelwood. The Code referenced is hereby declared in full force and effect and to the same extent as if it were set out originally herein.
[CC 1997 §5.13; Ord. No. 2602-95, 3-15-1995]
The City Manager, on behalf of the City of Hazelwood, is hereby authorized to enter into an agreement with the County for the enforcement of the Amusements Code of the City of Hazelwood by St. Louis County. The County shall collect and retain all fees.
[CC 1997 Ch. 5, Art. II; Ord. No. 1708-84, 2-15-1984]
A. 
The Council, after receiving information relative to the nature of such uses herein and their application, states that this Article is necessary for the preservation of the health, peace and safety pursuant to the Police powers of the City; and
B. 
The Council further finds that such amusement centers and arcades have a tendency to become a place of gambling or gaming or contain fraudulent devices and practices for the purpose of gaining or obtaining money or property, and therefore it is necessary to ascertain that the applicant possesses good moral character.
[CC 1997 §5.20; Ord. No. 1708-84, 2-15-1984]
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
AMUSEMENT CENTER OR ARCADE
Any establishment having four (4) or more mechanical or electronic amusement devices for use or operation by the public or any establishment deriving over one-half (½) its gross income from the utilization of mechanical or electronic devices.
AMUSEMENT CENTER OR ARCADE, SUBSIDIARY
Any establishment licensed by the City of Hazelwood to operate a business other than an amusement center or arcade having four (4) or more mechanical or electronic amusement devices for use and operation by its patrons and deriving less than one-half (½) its gross income from the utilization of mechanical or electronic devices.
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token, plat, disc or any other insertion device, may be operated by the public for use as a game, entertainment or amusement, of any kind or description whatever.
[CC 1997 §5.21; Ord. No. 1708-84, 2-15-1984]
This Article shall not be applicable to any person having set up in his private residence one (1) or more mechanical or electronic amusement devices when employed for his own private use or for the use of his family; business establishments where mechanical or electronic amusement devices are used exclusively by patrons and upon which no charge for playing is made; or business establishments or other public places which may have three (3) or less mechanical or electronic amusement devices for use or operation by the public.
[CC 1997 §5.22; Ord. No. 1708-84, 2-15-1984]
A. 
It shall be unlawful for any person to operate or to permit to be operated on any premises in the City owned or controlled by such person an amusement center or arcade, except a subsidiary arcade as defined herein, without first securing a special land use permit as set forth in Chapter 405, Zoning Regulations. All such businesses shall obtain a business license duly issued under the provisions of Chapter 605, Licenses, of the Hazelwood Municipal Code.
B. 
All mechanical or electronic amusement devices available to the public for a fee, whether or not situated in premises licensed as an amusement center or arcade pursuant to this Article, shall be subject to an annual license fee for each such device as set forth in Chapter 605, Licenses, of the Hazelwood Municipal Code.
[CC 1997 §5.23; Ord. No. 1708-84, 2-15-1984]
A. 
An application shall be made to the City Council for a special land use permit for the operation of an amusement center or arcade in the City, in accordance with the provisions of Sections 405.415 et seq., of the Hazelwood Municipal Code.
B. 
Each such application shall be verified and shall contain the name of the proposed operation (if a partnership, the names of all partners, and if a corporation, the names of all officers), the proposed location of the amusement center or arcade and the number and types of machines to be provided. Such application shall be accompanied by accurately scaled and duly dimensioned plans of the premises, showing the proposed location of the mechanical or electronic amusement devices. If a special land use permit is granted, and a license issued to an amusement center, the holder of the license shall provide the City Clerk with updated data at the time of any subsequent change of ownership, partners or corporate officers.
C. 
Each such application shall be referred to the Chief of Police, who shall investigate the character and fitness of the proposed operator(s), as well as any other persons listed as having an interest in the proposed license. Such investigation shall also be made on subsequent owners, partners and corporate officers.
[CC 1997 §5.24; Ord. No. 1708-84, 2-15-1984; Ord. No. 2166-89, 4-5-1989]
A. 
The Council may deny a special land use permit should any of the following circumstances be found to exist:
1. 
The use would:
a. 
Have an adverse effect on traffic or parking,
b. 
Increase fire hazards,
c. 
Adversely affect the character of the neighborhood,
d. 
Adversely affect the general welfare of the community,
e. 
Overtax public utilities.
2. 
Any parties interested in the proposed business have been convicted of any violation of any Statute or ordinance involving moral turpitude or have previously had a business license suspended or revoked; provided, that if the Council shall find that such person's fitness to operate a business has not been affected by such suspension or revocation and that permitting such applicant to conduct such an operation would not be contrary to the public interest, they may grant such permit.
B. 
The Council may suspend or revoke a special land use permit if any provisions of the Municipal Code are violated, in accordance with the provisions of Sections 405.415 et seq.
[CC 1997 §5.25; Ord. No. 1708-84, 2-15-1984]
Every type of business contemplated and defined by this Article shall be located or situated at a greater distance than two hundred (200) feet from any school, church or place of worship.
[CC 1997 §5.26; Ord. No. 1708-84, 2-15-1984]
A. 
Children under the age of fourteen (14) are required to bring a parent or guardian along the first (1st) time they visit an amusement center or arcade. A consent form, which will serve as a membership card for the child, will be signed by the parent or guardian. School age children will not be allowed in an amusement center or arcade during school hours unless accompanied by a parent or guardian. Children under the age of fourteen (14) must be accompanied by a parent or guardian after 9:00 P.M.
B. 
This Section shall not apply to subsidiary amusement centers and arcades.
[CC 1997 §5.27; Ord. No. 1708-84, 2-15-1984; Ord. No. 4176-11 §3, 9-7-2011]
A. 
No alcoholic beverages shall be permitted anywhere on the premises of any business defined and subject to this Article, unless such premises have been licensed to dispense alcoholic beverages.
B. 
No drugs, other controlled substances, firearms or pyrotechnics shall be permitted on the premises of any business defined and subject to this Article.
[CC 1997 §5.28; Ord. No. 1708-84, 2-15-1984; Ord. No. 2541-94, 7-6-1994]
A. 
Nothing in this Section or the ordinances of the City shall be construed to allow or permit any game or device which is violative of State or other laws which prohibit gambling or the use of gambling devices.
B. 
Any mechanical or electronic device which accepts additional coins, discs or insertion pieces for the purpose of increasing the odds for the number of free plays or free games which may be won thereby is not permitted.
C. 
If the Chief of Police, or his designated representative, shall have reasonable cause to believe that any coin-operated amusement device is used or being used as a gambling device, such machine or device may be seized by the Chief of Police or his designated representative and impounded.
[CC 1997 §5.29; Ord. No. 1708-84, 2-15-1984]
A. 
No person shall be employed in a supervisory position in an amusement arcade who is under the age of twenty-one (21), or who has been convicted of any violation of any Statute, any provision of this Code, any ordinance involving moral turpitude, or any felony.
B. 
Prior to employing any person in a supervisory position, the operator shall submit the name of such person and such other information as may be required to the Police Chief, who shall determine whether such person has been so convicted and shall notify the operator thereof.
C. 
At least one (1) supervisor of at least twenty-one (21) years of age, employed by the operator, shall be on duty at all times the premises are open to the public and be present on the premises. The City Council may require a uniformed security guard to be provided by the amusement center or arcade.
[CC 1997 §5.30; Ord. No. 1708-84, 2-15-1984]
A. 
An amusement center or arcade may operate between the hours of 9:30 A.M. and 10:00 P.M., Monday through Thursday, 9:30 A.M. and 11:30 P.M. Friday and Saturday, and must be closed on Sunday, unless these hours are modified by the City Council.
B. 
This Section shall not apply to subsidiary amusement centers and arcades.
[CC 1997 §5.31; Ord. No. 1708-84, 2-15-1984]
A. 
Every place of business contemplated by this Article shall be maintained in an orderly manner, and each business shall have at least eighty percent (80%) of the machines in good repair and operating at all times.
B. 
The licensee, business owner, manager and supervisory personnel of the licensed establishment shall be obligated to maintain and keep order and proper decorum at all times and shall be obligated, on order of the City Council, to provide security personnel for the maintenance of order and proper decorum on the premises. The Council may require that tokens be used rather than currency to operate the video games in order to prevent change soliciting from other businesses in the area.
[CC 1997 §5.32; Ord. No. 1708-84, 2-15-1984]
A. 
All coin-operated amusement devices and machines and all premises on which such devices and machines are maintained or exhibited shall be open to inspection by the Police Department.
B. 
If the Chief of Police shall have reason to believe that any licensee of a coin-operated vending machine is guilty of a violation of, or the failure to comply with any of the provisions of this Article or other ordinances of the City relating to the licensing and exhibiting of such machines and devices, the Chief of Police shall give notice to the licensee of such violations. If the licensee has not within five (5) days of such notice, ceased such violation, the Chief of Police shall seize and impound all of the coin-operated vending machines for which the licensee has been granted a license by the City, or which are situated within the City and required to be licensed even if not licensed, and shall hold the same pending the trial of such licensee for such violation. If the licensee is found guilty of the violation as charged by the Chief of Police, such licensee shall pay to the City, in addition to any fine levied by the court, ten dollars ($10.00) for each machine or device impounded by the Chief of Police and be provided a receipt therefor, and upon exhibiting such receipt to the Chief of Police, shall be entitled to regain possession of each machine or device so impounded.