[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:
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.
The City Clerk.
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]
A.
An
application for a license for the operation of an amusement center
or arcade within the City shall be made to the license officer.
B.
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.
C.
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.
D.
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.
E.
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.
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:
1.
Intentional misstatements or misleading statements of fact in the
application.
2.
The proposed operation would not comply with all applicable provisions
of Title IV of this Code and other City ordinances.
3.
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.
4.
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; Ord.
No. 4078, 2-3-2020]
All licenses issued pursuant to this Chapter shall be for a
term of one (1) year ending June thirtieth (30th) of each year. Any
licenses issued after January first (1st) of the City's fiscal year,
the license fee shall be based on one-half (1/ 2) of the annual charge
unless otherwise specified.
[CC 1988 §53.100]
A license issued under the provision of this Chapter shall not
be assignable or transferable.
[CC 1988 §53.110]
A.
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.
B.
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.
C.
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.
D.
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]
A.
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:
1.
Intentional misstatements or misleading statements of fact in the
application not discovered until after the issuance of such license.
2.
Permitting conduct on the licensed premises which would constitute
a violation of any State Statutes or provisions of any City ordinances.
3.
Violation of this Chapter.
4.
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]
A.
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.
B.
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]
A.
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.
B.
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]
A.
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.
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.
[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]
A.
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.
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 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]
A.
All
amusement devices and all premises on which such devices 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 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.
