[Ord. No. 1691 §1, 9-7-2010]
It is the policy of the City of Oak Grove to protect the health
and welfare of its citizens. In that regard, the City has implemented
the following conditions regarding Under 21 Clubs to protect the young
adults frequenting such place so that they have a safe environment
to dance and enjoy music.
[Ord. No. 1691 §1, 9-7-2010]
B.
It
is unlawful for any employee or manager to knowingly operate an unlicensed
club.
C.
The
failure to post an Under 21 Club business license in the manner required
herein shall be prima facie evidence that an Under 21 Club business
has not obtained such license. In addition, it shall be prima facie
evidence that any employee or manager who operates an Under 21 Club
in which a business license is not posted in the manner required herein
had knowledge that such business is not licensed.
[Ord. No. 1691 §1, 9-7-2010]
[Ord. No. 1691 §1, 9-7-2010]
A.
The
application for a license shall be accompanied by payment in full
of the fee in the amount of one hundred dollars ($100.00) for each
Under 21 Club business license and five dollars ($5.00) for each manager
license by certified or cashier's check or money order, and no application
shall be considered complete until such fee is paid.
B.
The
filing fee is not refundable or prorated.
[Ord. No. 1691 §1, 9-7-2010]
A.
Under 21 Club Business License. All persons desiring to
secure a license to operate an Under 21 Club as required herein shall
make a verified application with the City Clerk. All applications
shall be submitted in the name of the person who owns the Under 21
Club. The application shall be signed by the applicant. If the applicant
is a corporation, the application shall be signed by its President.
If the applicant is a partnership, the application shall be signed
by a partner. In all other instances where the owner is not an individual,
where applicable, the application shall be signed by an authorized
representative of the owner. The City Clerk may require proof of authorization
before accepting an application. All applications shall be submitted
on a form supplied by the City Clerk and shall require all of the
following information:
1.
The name, residence address, home telephone number, occupation, date,
place of birth and Social Security number of the applicant.
2.
The name, residence address, home telephone number, occupation, date,
place of birth and Social Security number of all partners, if the
applicant is a partnership or limited liability partnership, and if
the applicant is a corporation or limited liability company, the same
information for all corporate officers and directors and stockholders
or members who own more than twenty-five percent (25%) interest in
the corporation.
3.
The tax identification number and registered agent if the owner is
required to have a tax identification number or registered agent.
4.
The name of the Under 21 Club, a description of the operation of
the business, and the name of the owner of the premises where the
Under 21 Club will be located.
5.
A statement from the applicant whether the applicant, or any corporate
officer or director, or stockholder, partner or member who owns more
than twenty-five percent (25%) interest in such entity, in previously
operating in this or another City, County or State, has had an Under
21 Club business license of any type revoked or suspended and, if
so, the reason for the suspension or relocation and the business activity
subjected to the suspension or revocation.
6.
A statement from the applicant, all partners or each corporate officer
and director that each such person has not been either: convicted
of, or released from confinement for conviction of, or diverted from
prosecution on:
a.
Any felony within the five (5) years immediately preceding the application,
or
b.
A misdemeanor within the two (2) years immediately preceding the
application, or
c.
A municipal or County ordinance violation within the two (2) years
immediately preceding the application where such felony, misdemeanor,
municipal or County ordinance violation involved sexual offenses,
prostitution, indecent exposure, sexual abuse of a child or pornography
or related offenses, or controlled substances or illegal drugs or
narcotics offenses as defined in the Missouri Statutes or municipal
ordinances.
7.
If the applicant is a corporation or limited liability company, a
current certificate of registration issued by the Missouri Secretary
of State.
8.
A statement signed under oath that the applicant has personal knowledge
of the information contained in the application and that the information
contained therein is true and connect and that the applicant has read
the provisions of this Chapter regulating Under 21 Clubs.
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Failure to provide the information and documentation required
herein shall constitute an incomplete application. The City Clerk
shall notify the applicant whether or not the application is complete
within thirty (30) working days of the date the application is received
by the City Clerk.
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B.
Manager License. All persons desiring to secure a license
to be a manager shall make a verified application with the City Clerk.
All applications shall be submitted in the name of the person proposing
to be a manager. All applications shall be submitted on a form supplied
by the City Clerk and shall require all of the following information:
1.
The applicant's name, home address, telephone number, date and place
of birth, and Social Security number.
2.
A statement from the applicant that the applicant has not been convicted
of, or released from confinement for conviction of, or diverted from
prosecution on any felony, whichever event is later, within five (5)
years immediately preceding the application or has not been convicted
of, or diverted from prosecution on, a misdemeanor, or released from
confinement for conviction of a misdemeanor, whichever event is later,
within two (2) years immediately preceding the application where such
felony or misdemeanor involved sexual offenses, prostitution, indecent
exposure, sexual abuse of a child or pornography and related offenses,
or controlled substances or illegal drugs or narcotics as defined
in the Missouri Statutes or municipal ordinances.
The statement shall also indicate that the applicant has not
been convicted of a municipal ordinance violation or diverted from
prosecution on a municipal ordinance violation within two (2) years
immediately preceding the application where such municipal ordinance
violation involved sexual offenses, indecent exposure, prostitution,
or sale of controlled substances or illegal drugs or narcotics.
3.
The applicant shall present to the City Clerk, who shall copy, documentation
that the applicant has attained the age of eighteen (18) years at
the time the application is submitted. Any of the following shall
be accepted as documentation of age:
a.
A valid motor vehicle operator's license issued by any State bearing
the applicant's photograph and date of birth;
b.
A State-issued identification card bearing the applicant's photograph
and date of birth;
c.
An official and valid passport issued by the United States of America;
d.
An immigration card issued by the United States of America; or
e.
Any other form of picture identification issued by a governmental
entity that is deemed reliable by the City Clerk and Policy Chief.
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Failure to provide the information required herein shall constitute
an incomplete application. The City Clerk shall notify the applicant
whether or not the application is complete within thirty (30) working
days of the date the application was received by the City Clerk.
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C.
Application Process.
1.
Upon receipt of an application for an Under 21 Club business license
or a manager license, the City Clerk shall immediately transmit one
(1) copy of the application to the Chief of Police for investigation
of the application, one (1) copy of the application to the City Administrator,
and one (1) copy of the application to the Building Official.
2.
The Chief of Police shall investigate such application to determine
whether the information contained in the application is accurate and
whether the application meets the requirements herein for issuance
of the license for which the application is made. The Chief of Police
shall report the results of the investigation to the City Clerk not
later than twenty (20) working days from the date the application
is received by the City Clerk.
3.
The Building Official shall determine whether the structure where
the Under 21 Club business will be conducted complies with the requirements
and meets the standards of the applicable health, zoning, Building
Code and Fire Code ordinances of the City. The Building Official shall
report the results of his/her investigation to the City Clerk not
later than twenty (20) working days from the date the application
is received by the City Clerk.
4.
Upon receipt of the report from the Chief of Police and Building
Official, the City Clerk shall schedule the application for consideration
by the Governing Body at the earliest meeting consistent with the
notification requirements established by law. The applicant shall
be notified in writing of the date when the Governing Body will consider
the application and shall be afforded an opportunity to be heard at
that meeting.
[Ord. No. 1691 §1, 9-7-2010]
A.
The
Governing Body shall examine an application for an Under 21 Club business
license or a manager license within forty-five (45) days of the date
such application was received by the City Clerk. After such examination,
the Governing Body shall approve the issuance of a license only if
the appropriate license fee has been paid, the applicant is qualified,
and all the applicable State and Municipal Code regulations are met.
B.
The
record of the Governing Body shall show the action taken on the application,
and if the license is granted, the Governing Body shall direct the
City Clerk to issue the proper license. The Under 21 Club business
license and manager license shall state that the license is not transferable
to other persons or entities and the calendar year for which it is
issued.
C.
If
an application for a license is denied, any aggrieved applicant may
seek judicial review in the Jackson County Circuit Council in a manner
provided by law.
[Ord. No. 1691 §1, 9-7-2010]
A.
No
person is eligible nor shall an Under 21 Club business license be
issued to:
1.
An applicant for an Under 21 Club business license if the premises
for which an application for an Under 21 Club has been made and is
located within five hundred (500) feet of any residential-zoned lot,
religious assembly, school, park and recreation use or child care
facility. This separation distance shall be measured as a straight
line, without regard to intervening properties, from the nearest exterior
wall of the Under 21 Club to the nearest lot line containing the residential-zoned
lot, religious assembly, school, park and recreation use or child
care facility;
2.
The premises for which an application for an Under 21 Club has been
made is located within five hundred (500) feet of any other Under
21 Club business for which there is a license issued by the City regardless
of whether such is located on the same or separate property. This
separation distance shall be measured as a straight line, without
regard to intervening properties, provided that the location restriction
may be waived by the Board of Aldermen after review and recommendation
by the Planning Commission if applicant can show the following and
it is found that:
a.
The proposed use will not be contrary to the public interest or injurious
to nearby properties and that the spirit and intent of the Code will
be observed.
b.
The proposed use will not enlarge or encourage the development of
a "blighted" area as defined in Section 100.310, RSMo.
c.
The establishment of an additional regulated use in the area will
not be contrary to any program of neighborhood conservation nor will
it interfere with any program of urban renewal.
d.
All applicable regulations of the Code will be observed.
3.
The applicant knowingly failed to supply all of the information requested
on the application;
4.
The applicant knowingly gave materially false, fraudulent or untruthful
information on the application;
5.
The applicant's proposed business premise does not comply with or
meet the requirements of the applicable health, zoning, Building Code,
fire and property maintenance ordinances of the City;
6.
The applicant has been convicted, released from incarceration for
conviction or diverted on any of the crimes set forth herein during
the time period set forth herein; or
7.
The applicant had an Under 21 Club business license or comparable
license revoked or suspended in this or any other City during the
past five (5) years.
B.
An
applicant for a manger of an Under 21 Club, if one (1) or more of
the following conditions exist:
1.
The applicant has been convicted, released from incarceration for
conviction or diverted on any of the crimes set forth herein during
the time period set forth herein;
2.
The applicant knowingly failed to supply all of the information requested
on the application;
3.
The applicant knowingly gave materially false, fraudulent or untruthful
information on the application; or
4.
The applicant had a manager license or comparable license revoked
or suspended in this or any other City during the past five (5) years.
[Ord. No. 1691 §1, 9-7-2010]
The Police Department and the Department of Health and Sanitation
may from time to time make an inspection of each permitted establishment
in this City for the purposes of determining that the provisions of
this Chapter are complied with. Such inspections shall be made at
reasonable times and in a reasonable manner. It shall be unlawful
for any permittee to fail to allow such inspection officer immediate
access to the premises or to hinder such officer in any manner. Provided
however, that any failure on the part of any permittee or employee
to grant immediate access to such inspector shall be grounds for the
revocation or suspension of any business or employee permit.
[Ord. No. 1691 §1, 9-7-2010]
A.
The
following standards of conduct shall be adhered to by all Under 21
Club businesses, their employees and all managers and patrons of Under
21 Clubs while on or about the premises of the business:
1.
Alcohol. No owner, operator, manager, employee or
other person in charge of the premises of an Under 21 Club business
shall:
a.
Knowingly permit alcoholic liquor or cereal malt beverages to be
brought upon the premises;
b.
Knowingly allow or permit the sale, distribution, delivery or consumption
of any controlled substance or illegal drug or narcotic on the premises;
or
c.
Knowingly allow or permit a violation of this Chapter or any other
City ordinance provision or State law.
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The manager shall remove or have removed from the premises any
person who is or appears to be under the influence or affected by
the use of alcohol and/or drugs, or whose conduct poses a physical
danger to the safety of others present.
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2.
Lighting required. The premises shall be illuminated
adequately to ensure the safety of the public.
3.
Hours of operation. Pursuant to Section 210.590 of the City Code, it is unlawful for any person under the age of seventeen (17) years to be in or upon any public place or way within the City of Oak Grove between the hours of 11:00 P.M. and 6:00 A.M. Sunday through Thursday; and between the hours of 11:30 P.M. and 6:00 A.M. Friday and Saturday.
4.
Loitering. Loitering or the creation of a public
nuisance or disturbance of the peace by any patron of the Under 21
Club on the premises or in the immediate vicinity of the Under 21
Club shall be prohibited. Loitering shall not include walking between
the Under 21 Club building and the patron's vehicle, nor shall it
include the act of waiting in line to gain admission to the Club as
long as the patrons at not creating a public nuisance or disturbing
the peace while waiting in line.
5.
Off-street parking. The business shall maintain
sufficient off-street parking.
[Ord. No. 1691 §1, 9-7-2010]
[Ord. No. 1691 §1, 9-7-2010]
A.
Whenever
the City Clerk has information that:
1.
The owner or operator of an Under 21 Club business or holder of a
manger license has violated, or knowingly allowed or permitted the
violation of any of the provisions of this Chapter; or
2.
There have been recurrent violations of provisions of this Chapter
that have occurred under such circumstances that the owner or operator
of the Under 21 Club business knew or should have known that such
violations were committed; or
3.
The Under 21 Club business license or the manager license was knowingly
obtained through false statements in the application for such license
or renewal thereof; or
4.
The applicant knowingly failed to make a complete disclosure of all
information in the application for such license or renewal thereof;
or
5.
The owner or operator, or any partner, or any corporate officer or
director holding an Under 21 Club business license has become disqualified
from having a license by a conviction as provided herein;
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then the City Clerk shall make this information known to the Governing Body which shall conduct a public hearing in accordance with the notice and hearing procedures as set forth in Section 605.180 to determine whether the license should be suspended or revoked. Based on the evidence produced at the hearing, the Governing Body may take any of the following actions:
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1.
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Suspend the license for up to ninety (90) days;
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2.
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Revoke the license for the remainder of the license year; or
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3.
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Place the license holder on administrative probation for a period
of up to one (1) year on the condition that no further violations
of the Chapter occur during the period of probation. If a violation
does occur and after a hearing the violation is determined to have
actually occurred, the license will be revoked for the remainder of
the license year.
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