[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:
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.
