City of Dardenne Prairie, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 700 §1, 12-18-2003]
The term "live entertainment business" is hereby defined as any performer or band of musicians who personally entertain audiences within the City limits of Dardenne Prairie, Missouri. This term dose not include civic, social, political or not-for-profit functions.
[Ord. No. 700 §2, 12-18-2003]
It shall be unlawful for any person to operate or to permit to be operated on any premises in the City a live entertainment business without first securing a license duly issued and voted on by the Board of Aldermen. This license is in addition to the required business license unless the business is solely for live entertainment.
[Ord. No. 700 §3, 12-18-2003]
An application for the operation of live entertainment business in the City shall be obtained from the City Clerk. Each application shall be verified and shall contain the name of the proposed operator, if a partnership, the names of all partners, and if a corporation, the names of all officers, the proposed location of the live entertainment, and the number and types of performers to be provided. The application shall be accompanied by accurately scaled and full dimensioned plans of the premises showing the proposed location of the live entertainment.
[Ord. No. 700 §4, 12-18-2003]
A license fee of two hundred fifty dollars ($250.00), no part of which shall be returnable, shall accompany each application for a live entertainment business.
[Ord. No. 700 §5, 12-18-2003; Ord. No. 2013, 3-4-2020]
Each application for live entertainment business shall be referred by the City Clerk to the Police Department who shall investigate the character and fitness of the proposed operator as well as any other person listed as having an interest in the proposed license.
[Ord. No. 700 §6, 12-18-2003]
A. 
The City Clerk shall issue a license for live entertainment business, unless one (1) or more of the following conditions exist:
1. 
Intentional misstatements or misleading statements of fact in the application;
2. 
The proposed operation would not comply with all applicable City ordinances;
3. 
Any parties interested in the proposed live entertainment business have been convicted of any violation of Statute or ordinance involving moral turpitude or have previously had a business license suspended or revoked; provided, that if the City Clerk shall find that the conduct of the parties subsequent to the aforesaid conviction, suspension or revocation has been such as to indicate fitness to operate a business and permitting the applicant to conduct such an operation would not be contrary to the public interest, the Clerk may issue the license;
4. 
Failure to pay the required application fee;
5. 
Failure to get approval from the Board of Aldermen.
B. 
If a license is not approved, the reasons for not doing so shall be in writing and shall accompany the notice of non-issuance. A non-issuance may be appealed to the Board of Aldermen.
[Ord. No. 700 §7, 12-18-2003]
The City Clerk shall notify by mail or by hand delivery of the issuance or non-issuance of license each applicant for live entertainment business license.
[Ord. No. 700 §8, 12-18-2003]
The term of a live entertainment business license shall be for one (1) year from the date of issuance and may be renewed.
[Ord. No. 700 §9, 12-18-2003]
Within sixty (60) days prior to the expiration of a live entertainment business license, the licensee may apply to the City Clerk for renewal thereof on such application as shall be provided by the City Clerk. Renewal applications shall contain the name, address and license number of the licensee's operation and the licensee shall indicate any changes from the information furnished to the City Clerk at the time of the original application. A renewal license fee of two hundred fifty dollars ($250.00) shall accompany an application for renewal, which shall be returnable if the renewal is not granted. The Board of Aldermen shall renew the license upon finding that the operation has been conducted in accordance with all applicable laws and ordinances. If the Board does not renew the license, the procedure set forth in Section 615.100 shall be followed.
[Ord. No. 700 §10, 12-18-2003]
A. 
The Board may suspend for a period of up to ninety (90) days or revoke a live entertainment business license upon the finding of 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 the license;
2. 
Permitting such conduct as would constitute a violation of Sections 615.030 through 615.150 of this Chapter, any Statutes or ordinances pertaining to consumption or possession of alcoholic beverages by a minor, or any Statutes or ordinances pertaining to possession of narcotics or to weapons;
3. 
Allowing or permitting others to engage in any lewd or lascivious acts or allowing or permitting others to display nudity, full or partial.
B. 
If the license is revoked, the licensee shall be entitled to a hearing, with the right to be represented by counsel, to cross-examine witnesses, to present evidence and to confront witnesses, before the Board of Aldermen upon notice duly given ten (10) days prior to the date of the hearing. The decision of the Board and the reasons therefor shall be sent by certified mail or hand delivered to the licensee.
[Ord. No. 700 §11, 12-18-2003; Ord. No. 1180 §1, 7-18-2007]
Live entertainment businesses may not operate between the hours of 1:00 A.M. and 8:00 A.M. all times official time in the State of Missouri.
[Ord. No. 700 §12, 12-18-2003]
At least one (1) supervisor of at least twenty-one (21) years of age employed by the business operator shall be on duty at all times and be present on the premises of any live entertainment business for every thirty (30) people in the audience.
[Ord. No. 700 §13, 12-18-2003]
No person under the age of seventeen (17) years shall be permitted on the premises of a live entertainment business unless accompanied by his/her parent or legal guardian.
[Ord. No. 700 §14, 12-18-2003]
No firearms or knives or other dangerous weapons shall be permitted on the premises of any live entertainment business and the business operator will be responsible to check for firearms or knives as the audience enters the premises. Police walk through may also occur at any time during the live entertainment performances in order to protect the public and assure that the business supervisors are preventing the occurrence of conditions that could lead to disorder.
[Ord. No. 700 §15, 12-18-2003]
A. 
No live entertainment business license shall be issued if there are any residences within two hundred (200) feet of the premises in which the live entertainment business is housed.
B. 
No noise emitting from the live entertainment premises shall be audible at a distance of two hundred (200) feet from said premises.
C. 
Adequate parking shall be provided on the live entertainment business premises consisting of at least one (1) parking space for every two (2) people in the audience.
D. 
Adequate bathrooms shall be provided.
E. 
No nude or semi-nude persons shall be permitted at any time.
F. 
No fighting or other disorderly conduct shall be tolerated at any live entertainment business performances. Any and all assaults or other crimes observed by the staff will be reported to the proper authorities.
G. 
No loitering or gathering around the premises shall be permitted once the live entertainment business closes for the night.
[Ord. No. 700 §16, 12-18-2003; Ord. No. 2013, 3-4-2020]
The Police Department is authorized to close the live entertainment business for cause for a period of up to twenty-four (24) hours, subject to review by the Mayor and Board of Aldermen if the basis for closure and for a determination of whether further action is justified under the provisions of Section 615.100 of this Chapter.