[CC 1988 §53.010]
For the purposes of this Chapter, 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 amusement devices.
- LICENSE OFFICER
- The City Clerk.
- 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 1988 §53.020]
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 without first securing a license duly issued by the City license officer as set forth in this Chapter.
[CC 1988 §53.030]
This Chapter shall not be applicable to any person having set up in his/her private residence one (1) or more mechanical or electronic amusement devices when employed for his/her own private use or for the use of his/her family or business establishments where mechanical or electronic amusement devices are used exclusively by patrons and upon which no charge for playing is made.
[CC 1988 §53.040]
An application for a license for the operation of an amusement center or arcade within the City shall be made to the license officer.
Each 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 and stockholders), 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 for the premises showing the proposed location of the mechanical or electronic amusement devices.
Each initial application shall be accompanied by an application fee of fifty dollars ($50.00). If a license is granted, an additional annual license fee of two hundred fifty dollars ($250.00) shall be charged. An annual fee of ten dollars ($10.00) shall be charged for each mechanical or electronic amusement device.
Each such application shall be referred by the license officer to the Chief of Police who shall investigate the character and fitness of the proposed operator, as well as any other persons listed as having an interest in the proposed license. The plans submitted with such application shall be submitted to the license officer, who shall determine whether such proposed operation would comply with the applicable zoning ordinances, and shall be submitted to the Fire Marshal of the Lake Saint Louis Fire Protection District, who shall determine whether such proposed operation would comply with the provisions of fire ordinances. The Police Chief and the Fire Marshal shall, within thirty (30) days, file written reports with the license officer.
All mechanical or electronic amusement devices not situated in premises licensed as an amusement center or arcade pursuant to this Chapter shall be subject to an annual fee of twenty-five dollars ($25.00) for each device.
[CC 1988 §53.050]
A license application for the operation of an amusement center or arcade shall be submitted to the Board of Aldermen by the license officer, unless he/she finds one (1) or more of the following:
Intentional misstatements or misleading statements of fact in the application.
The proposed operation would not comply with all applicable provisions of Title IV of this Code and other City ordinances.
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 license officer 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.
Failure to pay the required application fee of fifty dollars ($50.00) shall be grounds for denial of a license. The annual fee of two hundred fifty dollars ($250.00) plus the ten dollars ($10.00) annual fee per device shall be paid prior to the issuance of said license.
[CC 1988 §53.060]
Each applicant for a license under this Chapter shall be notified by mail or by hand delivery of the issuance or non-issuance of a license by the license officer.
[CC 1988 §53.070]
Every license granted by the City pursuant to this Chapter shall be carefully preserved and displayed in a conspicuous place in the place of business authorized.
[CC 1988 §53.080]
A replacement license may be issued for one lost, destroyed or mutilated upon application on a form provided by the license officer. A replacement license shall have the word "replacement" stamped across its face and shall bear the same number as the one it replaces. A fee of ten dollars ($10.00) shall be charged for each replacement license issued.
[CC 1988 §53.090]
All licenses issued pursuant to this Chapter shall be for a term of one (1) year ending June thirtieth (30th) of each year. Licenses issued during such one (1) year term shall not be prorated.
[CC 1988 §53.100]
A license issued under the provision of this Chapter shall not be assignable or transferable.
[CC 1988 §53.110]
Within sixty (60) days of the expiration of the license, a licensee may apply to the license officer for renewal thereof on such application form as shall be provided by the license officer.
Renewal applications shall contain the name, address and license number of the licensee's operation and the license shall indicate any changes from the information furnished to the license officer at the time of the original application.
An application for renewal shall be accompanied by a renewal license fee of two hundred fifty dollars ($250.00). In addition, an annual license fee of ten dollars ($10.00) shall be charged for each mechanical or electronic amusement device.
The Board of Aldermen shall renew such license if it finds that such operation has been conducted in accordance with all applicable laws and ordinances.
[CC 1988 §53.120]
The Board of Aldermen, after notice to licensee and a public hearing, may suspend or revoke a license theretofore issued if it finds one (1) or more of the following:
Intentional misstatements or misleading statements of fact in the application not discovered until after the issuance of such license.
Permitting conduct on the licensed premises which would constitute a violation of any State Statutes or provisions of any City ordinances.
Violation of this Chapter.
In the event the license officer recommends the revocation of the license to the Board of Aldermen, the licensee shall have a period of ten (10) days following such recommendation to request a hearing before the Board of Aldermen. Such hearing shall be held no later than thirty (30) days following the notice of such request and upon written notice duly given the licensee by the license officer at least ten (10) days prior to the date of such hearing. The complaints of the license officer and the reasons thereof shall be sent by certified mail or hand delivered to the licensee.
[CC 1988 §53.130]
The license officer shall not issue or renew a license under this Chapter and shall suspend or cancel a license if it be determined that the applicant or licensee is indebted to the City for any fee costs, penalties or delinquent taxes.
[CC 1988 §53.140]
Every type of business contemplated and defined by this Chapter shall be situated at a greater distance than five hundred (500) feet from any school, church or place of worship. All types of businesses covered by this Chapter shall be located and situated on the ground or the first (1st) floor and shall be so situated that they will provide a clear and unobstructed view of the complete interior thereof from the outside. No such place of business shall be maintained or operated in any room or place having any other room adjacent thereto and accessible therefrom, with the exception of storage closets and separate toilet facilities for male and female patrons or employees.
[CC 1988 §53.150]
Every amusement center or arcade within the City which is licensed pursuant to this Chapter shall have two (2) separate restrooms, one (1) for male patrons and one (1) for female patrons.
The ratio of space occupied by and for the use of operation of mechanical or electronic amusement devices shall be at least five (5) square feet of interior floor space for each one (1) square foot of space occupied by and for use and operation of a mechanical or electronic amusement device. For the purpose of this Section, "interior floor space" shall be that interior floor space available to the patrons of each establishment, excluding restrooms, counters, tables, utility rooms, water heaters, closets, entrance foyers and office space.
[CC 1988 §53.160]
No person under the age of fourteen (14) years shall be permitted on the premises of an amusement center or arcade unless accompanied by his/her parent or legal guardian. No person aged fourteen (14), fifteen (15) or sixteen (16) years shall be permitted on the premises of an amusement center or arcade without having on his/her person an identification card supplied by the operator and containing the person's name, age, home address, telephone number, date of birth and signature of the recipient and the issuer. No such identification card shall be issued by the operator unless receiving written notarized permission of the parent or legal guardian. The operator shall maintain a permanent record of the names of the parents or legal guardians who have granted such permission. Such record shall be available for inspection at all times by the Police Department.
No proprietor, employee thereof or person in charge shall allow any minor under eighteen (18) years of age to play or use any such mechanical or electronic amusement device during the academic year for Wentzville public schools between the hours of 7:00 A.M. and 3:00 P.M., except during school holidays and on Saturday and Sunday, nor between the hours of 10:00 P.M. and 7:00 A.M. on all nights preceding school days.
[CC 1988 §53.170]
No alcoholic beverages, non-intoxicating beer, drugs or other controlled substances shall be permitted anywhere on the premises of any business defined and subject to this Chapter unless such premises have been licensed to dispense alcoholic beverages. No firearms or pyrotechnics shall be permitted on the premises of any business defined and subject to this Chapter.
[CC 1988 §53.190]
No person shall be employed in a supervisory position in an amusement center or arcade who is under the age of twenty-one (21) years of age or who has been convicted of any violation of any Statute or provision of any other ordinance involving moral turpitude or any felony.
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.
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.
[CC 1988 §53.200]
Occupancy of an amusement center or arcade shall not exceed at any time the number of persons established by the Lake Saint Louis Fire Protection District or local fire regulations. The owner shall conform to all fire regulations covering exit requirements, signs, etc., as established by the Lake Saint Louis Fire Protection District local ordinances.
[CC 1988 §53.210]
An amusement center or arcade may only operate between the hours of 9:00 A.M. and 11:00 P.M. on Monday, Tuesday, Wednesday and Thursday; between 9:00 A.M. and 12:00 Midnight on Friday and Saturday; and between 1:00 P.M. and 11:00 P.M. on Sunday. All times are official County time.
[CC 1988 §53.220]
Every place of business contemplated by this Chapter shall be maintained in an orderly manner, each business shall have at least eighty percent (80%) of the amusement devices in good repair and operating at all times.
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 Chief of Police, to provide security personnel deemed adequate by the Chief of Police for the maintenance of order and proper decorum on the premises.
[CC 1988 §53.230]
All amusement devices and all premises on which such devices are maintained or exhibited shall be open to inspection by the Police Department.
If the Chief of Police shall have reason to believe that any licensee of an amusement device is guilty of a violation of or the failure to comply with any of the provisions of this Chapter or any other ordinances of the City of Lake Saint Louis relating to the licensing and exhibiting of such devices, the Chief of Police shall give notice to the licensee of such violation. If the licensee has not, within five (5) days of such notice, ceased such violation, the Chief of Police shall have the right to seize and impound all of the amusement devices 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, the storage charges as documented by the Chief of Police for each 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 device impounded.