[Ord. No. 7729, 11-10-2022]
The provisions of Article I of Chapter 605 of the City Code shall apply to this Article and any license issued hereunder, including, but not limited to, the provisions which address suspension, revocation, denial or renewal of licenses, penalty fees, and the investigation fee set forth in Section 605.013. However, the specific provisions of this Article shall control and take precedence over any provision of Article I of Chapter 605 to the contrary. Any provision of this Article which addresses the same topic as Article I of Chapter 605 but which is not in conflict with the provisions of Article I of Chapter 605 shall be read in conjunction with and as an alternative to the provisions of Article I of Chapter 605.
[Ord. No. 7729, 11-10-2022]
The purpose of this Article is to promote the health, safety, and welfare of the citizens of the City by permitting live entertainment venues and regulating their operation in the City of St. Peters.
[Ord. No. 7729, 11-10-2022]
A. 
It shall be unlawful for any person to operate or permit to be operated on any property or premises in the City owned or controlled by such person a live entertainment venue without first securing a license pursuant to the requirements of this Article IX of Chapter 605.
B. 
Exceptions. Notwithstanding the provisions of Subsection (A) of this Section to the contrary, live entertainment sponsored and/or authorized by the City or a public or private school, such that it is construed as an officially sanctioned event of the City or school, churches and places of worship, or private clubs are excluded from the provisions of this Chapter. Notwithstanding the foregoing, nothing contained herein shall prohibit the City from establishing or enforcing similar or stricter regulations as a condition for the use of City-owned or City-controlled property.
[Ord. No. 7729, 11-10-2022]
A. 
An application for a license for the operation of a live entertainment venue in the City as required by this Article IX shall be made in writing on forms provided by the City Clerk and submitted to the City Clerk. Each application shall include, the following:
1. 
The name and address of the person operating the live entertainment venue.
2. 
The name, address, email address and telephone number of the applicant.
3. 
A visual representation of the floor plan for the interior of the live entertainment venue showing the square footage of the floor area of each room, the location of any stages, the location where live entertainment will be performed, and building ingress and egress points.
4. 
A description of type of anticipated live entertainment to be performed.
5. 
Written authorization from the property owner (if other than applicant).
6. 
A written security plan, as required under Subsection (D) of Section 605.634 of this Code.
7. 
Acknowledgement that the applicant will comply with applicable requirements of Article II, Chapter 230, of the City Code, Chapter 196, RSMo., 19 CSR 20-1.010 et seq., or the Missouri Food Code, as amended.
8. 
A list of proposed upcoming live entertainment events and acknowledgement that the applicant must provide to the Chief of Police an updated list of all live entertainment events schedule, planned, and/or anticipated at least every thirty (30) days. Such list shall include:
a. 
Hours live entertainment event will take place; and
b. 
Date of live entertainment event(s).
9. 
Each application shall be accompanied by an application fee as set forth in the fee schedule at Section 605.013; and, in addition, an annual license fee as set forth in the fee schedule at Section 605.013 shall be charged for each mechanical or electronic amusement device situated in amusement centers or arcade areas, and such additional fee shall be described as mechanical or electronic amusement device on the fee schedule at Section 605.013.
10. 
A site plan showing the location of the property, structures on the property, the premises where the live entertainment venue will be located, the users of other premises within the same structure as the live entertainment venue, other properties adjacent to the property upon which the live entertainment venue will be located and the uses thereon, and on-site and, if applicable, other off-street parking.
11. 
A shared parking plan (including shared parking agreements or other evidence of a right of the applicant to use shared off-street parking) if the property or premises for the proposed live entertainment venue does not have adequate exclusive use of on-site off-street parking pursuant to the requirements of Section 405.555 of this Code. Where the City's schedule of off-street parking is based on maximum occupancy, said maximum occupancy is such capacity of the establishment as determined by the Fire Marshall during the hours the live entertainment is to occur at the live entertainment venue.
12. 
In evaluating the application for the live entertainment venue license, the City Clerk may require additional information deemed necessary to properly review the application.
B. 
Review Of The Live Entertainment Venue License Application. Each application for a live entertainment venue license shall be reviewed in accordance with the following procedures:
1. 
The City Clerk shall review the application for completeness and accuracy;
2. 
The City Clerk shall forward a copy of a completed application, and initial list of live entertainment events, if applicable, to the Chief of Police;
3. 
The City Clerk shall forward a copy of the site plan submitted with such application to the Administrative Officer, as defined in Section 405.100 of this Code, who shall determine whether the use of the property or premises as a live entertainment venue would comply with the applicable provisions of the City of St. Peters, Missouri, Zoning and Subdivisions Codes;
4. 
The City Clerk may cause the venue to be inspected by any officer, official or employee of the City to confirm the accuracy of the application and compliance with the provisions of the City Code;
5. 
If the application is denied, the City Clerk shall set forth the reasons therefor; and
6. 
If the City Clerk finds that the provisions of this Section and other applicable City Code provisions have been complied with by the applicant, he/she shall issue a live entertainment venue license.
[Ord. No. 7729, 11-10-2022]
A. 
Hours Of Operation. Live entertainment shall not be permitted at a live entertainment venue between the hours of 1:30 A.M. and 6:00 A.M. on Tuesday through Saturday, between the hours of 1:30 A.M. and 11:00 A.M. Sunday and between the hours of 12:00 A.M. and 6:00 A.M. Monday.
B. 
Licensees shall report to the City Clerk an updated list of all live entertainment events scheduled, planned, and/or anticipated at least every thirty (30) days.
C. 
Off-Street Parking. A live entertainment venue license shall only be issued if:
1. 
The person applying for a live entertainment venue license can meet the City's schedule of off-street parking requirements under Section 405.555 of this Code. Where the City's schedule of off-street parking is based on maximum occupancy, said maximum occupancy is such capacity of the establishment as determined by the Fire Marshall during the hours the live entertainment is to occur at the live entertainment venue.
2. 
If the parking lot is not of sufficient size to meet this requirement, the applicant may share the off-street parking spaces of adjacent commercial properties if a shared parking plan prepared and submitted by the applicant can demonstrate that the required number of available parking spaces will be available during the hours the live entertainment will be provided. However, in the event that the commercial establishment is part of a shopping center or other multi-tenant building, the license shall only be granted if the above parking requirements can be satisfied in addition to the required off-street parking requirements for the other tenant(s) and/or speculative commercial space yet to be occupied.
3. 
The shared parking plan must clearly demonstrate the feasibility of utilizing shared parking and address, at minimum, the size and type of the adjoining uses, their required parking under Section 405.555 of this Code, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. Shared off-street parking spaces must be located within six hundred (600) feet of the primary entrance of all buildings they are intended to serve, the location of which may not be on the opposite side of a public street of four (4) lanes or more, including any turn-only lanes.
D. 
Staffing And Security Personnel.
1. 
Licensees shall, at all time, maintain and implement a security plan that shall include, the following:
a. 
The name, address, telephone number of the person responsible for any law enforcement, liquor control or security issues at the live entertainment venue;
b. 
A plan to prohibit underage drinking;
c. 
Procedures to ensure patrons of the live entertainment venue are age twenty-one (21) or older, if alcohol will be served; and
d. 
A written policy for prohibiting, responding to and reporting to police any activity that would be a license violation pursuant to Section 600.710(B)(1)(d), (e), (f), (j) or (k) of this Code.
2. 
At least one (1) employee of at least twenty-one (21) years of age shall be on duty at all times and be present on the premises of the live entertainment venue for every thirty (30) people in the audience.
3. 
No person shall engage in the activities of a watchmen or security guard without having first obtained a license to do so as provided by the appropriate requirements regulating the issuance of such licenses as promulgated by the County of St. Charles, Missouri.
E. 
Noise. The provisions of Section 210.390 of this Code shall apply to all live entertainment.
F. 
Premises To Be Kept Orderly.
1. 
All licensees under Article IX of this Chapter shall at all times keep and maintain an orderly place upon the premises.
2. 
A premises shall not be deemed an orderly place if there are at least two (2) instances of disorderly conduct on the premises in the same license year and the disorderly conduct promotes disturbances or breaches of the peace, or violations of the law. Disorderly conduct includes, but is not limited to, the following:
a. 
Actions or conduct which become a nuisance;
b. 
Offenses concerning public peace under Article V of Chapter 210 of the City Code;
c. 
A licensee's failure, or the failure of the licensee's employees, to immediately prevent or suppress any violent quarrel, disorder, brawl, fight or other improper or unlawful conduct of any person upon the premises;
d. 
Failing to immediately report to law enforcement authorities the occurrence of an illegal or violent act that has been committed on or about the licensed premises, in the event that a licensee or his/her employee knows or should have known of such illegal or violent act;
e. 
Failing to cooperate with law enforcement authorities during the investigation into an occurrence identified in Subsection(F)(2)(d) of this Subsection;
f. 
Open, repeated, and continuous sales of intoxicating liquors to minors; and
g. 
Indecent exposure offenses under Section 210.280 of the City Code.
G. 
Prohibited Individuals. With the exception of employees, no person under the age of twenty-one (21) shall be permitted on the premises of any live entertainment venue that serves alcoholic beverages during the time live entertainment is being offered unless accompanied by his or her parent or legal guardian.
[1]
Editor's Note: Ord. No. 5280 § 2, adopted October 8, 2009, repealed §§ 605.630 — 605.725 of Art. IX, Public Dancing Halls, in its entirety. Former §§ 605.630 — 605.725 derived from R.O. 2007 §§ 605.630 — 605.650, 605.660, 605.675 — 605.725; CC 1979 §§ 4-50 — 4-62, 4-68 — 4-70, 4-1972; Ord. No. 760 § 9(B — E, G, J — U), 12-9-1982; Ord. No. 791 § 7, 4-28-1983; Ord. No. 805 § 8, 6-2-1983; Ord. No. 3359 § 5, 12-14-2000. At the Editor's discretion, these Sections have been reserved for the City's future use.