City of Excelsior Springs, MO
Clay County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1]
Cross References — Administration, chs. 105115; electricity, ch. 515; garbage and trash, ch. 245; licenses and business regulations, ch. 605; parks and recreation, ch. 150.
State Law Reference — Control of amusements, §77.520, RSMo.

Section 610.010 Bond or Insurance for Amusement Rides.

[R.O. 2012 §610.010; CC 1973 §6-1]
No person shall conduct, operate, manage, or sponsor any ferris wheel, merry-go-round or other amusement ride operated for hire or for the purpose of promoting or advertising any trade or business, without first filing with the City Clerk a certificate of liability insurance in the amount of at least two hundred fifty-thousand dollars ($250,000.00), indemnifying the public against damages sustained by reason of the operation of such ride. Such bond or certification of insurance shall be subject to the approval of the City Attorney. This Section shall apply to all persons, whether or not a license is required by any other provision of this Code or City ordinance.

Section 610.020 Chapter Definitions.

[R.O. 2012 §610.020; Ord. No. 6694, 7-17-1978]
As used in this Chapter, and unless otherwise defined or distinctly expressed, the following words and phrases shall have the meanings set out herein:
ADMISSION CHARGE
Any charge or consideration for the right or privilege to any amusement or entertainment, or admission to or entry to any area or facility, where such amusement or entertainment is conducted.
AMUSEMENT OR ENTERTAINMENT
Shall include carnivals, circuses and side shows, and street fairs.
CIVIC ORGANIZATION
Any not-for-profit organization, organized for civil, charitable, benevolent or religious purposes, the majority of members of which are residents of this City, and the purpose of which are primarily for the benefit of the City and its citizens. Political organizations are expressly excluded from being within the definition of such term.

Section 610.030 Permit Required.

[R.O. 2012 §610.030; Ord. No. 6694, 7-17-1978]
A permit must be obtained from the City Manager in order to conduct any amusement or entertainment within the limits of this City. Only a civic organization shall be issued a permit to operate any amusement or entertainment for which an admission charge is made, and no civic organization shall conduct any amusement or entertainment within the limits of the City without complying with the requirements of this Chapter, and without having first obtained a permit as herein provided.

Section 610.040 Business License Not Be Used.

[R.O. 2012 §610.040; CC 1973 §6-4]
No amusement or entertainment for which a permit has been issued under this Chapter will be required to obtain a license under Chapter 605 of this Code.

Section 610.050 Application for Permit.

[R.O. 2012 §610.050; Ord. No. 6694, 7-17-1978]
A. 
Every civic organization proposing to sponsor or conduct any amusement or entertainment within the City shall apply, through a duly elected officer of the said civic organization, in writing to the City Manager for a permit to operate such amusement or entertainment.
1. 
All applicants shall state on their application that they will indemnify the City for any claim resulting from the operation of the amusement or entertainment, and each application shall be accompanied by a certificate of insurance, showing the City as the named insured, covering any damage or liability to the City which may be caused by the operation of the amusement or entertainment, the amount of said insurance to be as required by such rules and regulations the promulgation of which is hereinafter provided, but in no event to be less than bodily injury limits of three hundred thousand dollars ($300,000.00) for each occurrence and one hundred thousand dollars ($100,000.00) for each person, and property damage limits of fifty thousand dollars ($50,000.00) for each occurrence and one hundred thousand dollars ($100,000.00) aggregate.
2. 
All applicants shall accompany their application with a bond in the amount of five hundred thousand dollars ($500,000.00), which bond shall secure the applicant's removing all litter from the site of the amusement or entertainment at its termination. Should it be necessary for the City to remove litter from the amusement site, the cost of such removal shall be deducted from the bond, and the remainder returned to the applicant.
3. 
The City Manager may refuse to issue a permit to any amusement or entertainment, the operation of which does not comply with this Chapter, or which has in any previous operation in any other City, or in this City, violated the ordinance or requirements of such other City or this City.
4. 
Upon determination that the proposed amusement or entertainment shall comply with this Chapter, the City Manager shall issue a permit and shall notify the applicant.

Section 610.060 Rules and Regulations for Operation of Amusement.

[R.O. 2012 §610.060; Ord. No. 6694, 7-17-1978; Ord. No. 02-1-10, 1-22-2002]
A. 
Adequate restroom facilities for both sexes shall be provided on the premises of such amusement or entertainment. Such facilities may be of a temporary nature, other than privies.
B. 
All electrical wiring and lighting must be approved by the City Inspector.
C. 
Adequate facilities for the disposal of trash and debris shall be provided on the premises.
D. 
The premises shall be inspected prior to operation by the Chief of Police or his/her designate to determine that the requirements of this Chapter and any other ordinances of the City applicable to public rooms and buildings have been complied with.
E. 
The area or premises where such amusement or entertainment is conducted shall be cleaned and policed after the cessation of such amusement or entertainment and all trash, litter and debris shall be removed.
F. 
No person shall operate an amusement ride unless the owner has the amusement ride inspected at least once annually by a qualified inspector and obtains from such qualified inspector written documentation that the inspection has been made and that the amusement ride meets nationally recognized inspection standards.

Section 610.070 Additional Rules and Regulations.

[R.O. 2012 §610.070; Ord. No. 6694, 7-17-1978]
The City Manager is hereby given authority to establish and promulgate rules and regulations consistent with the terms of this Chapter, for the purpose of carrying out and enforcing compliance therewith, and a copy of such rules and regulations shall be on file and available for public examination in the office of the City Manager. Failure or refusal to comply with any such rules and regulations established and promulgated under this Section shall be deemed a violation of this Chapter.

Section 610.080 Revocation of Permit.

[R.O. 2012 §610.080; Ord. No. 6694, 7-17-1978]
Any permit issued pursuant to this Chapter may be revoked by the City Manager upon his/her determination that the amusement or entertainment is being operated or conducted in violation of this Chapter, or in violation of rules and regulations established and promulgated pursuant thereto, or is so conducted or operated as to endanger substantially the public peace, health, safety and welfare of the citizens of this City.

Section 610.090 Amusements Not Sponsored by Civic Organization.

[R.O. 2012 §610.100; Ord. No. 6694, 7-17-1978]
Any amusement or entertainment which is not operated, conducted, or sponsored by a civic organization may be operated within this City, if a license for the same has been obtained under Chapter 605 of this Code.
[1]
State Law Reference — Billiard and other games generally, ch. 318, RSMo.

Section 610.100 Keeper of Billiard Hall.

[R.O. 2012 §610.110; Ord. No. 89-11-3 §1, 11-20-1989]
Any person shall be deemed to be the keeper of a pool hall or billiard room, within the meaning of this Article who has a room in which he/she has pool tables or billiard tables on which he/she permits persons to play for hire either in money, goods, or property of any kind.

Section 610.110 Pool Hall/Billiard Room — Designated.

[R.O. 2012 §610.120; Ord. No. 89-11-3 §2, 11-20-1989]
Any place of business having one (1) or more pool tables or billiard tables which are kept for hire to the public or upon which the public is invited to play is hereby designated a pool hall.

Section 610.120 Design of Pool Hall.

[R.O. 2012 §610.130; Ord. No. 89-11-3 §§3 — 5, 11-20-1989]
A. 
Any pool hall must be located upon the ground level floor of a building only, said "ground level" being defined as that level which faces the principal business street.
B. 
Any pool hall must have no other rooms connected or accessible thereto except two (2) restrooms not over eight by ten (8x10) feet and one (1) office of the same size and all of the rest of said premises must be open and visible to any person in said pool hall.
C. 
There shall not be any curtain, partition or covering of any description whatever on the inside of any place where any of the tables or other amusements are kept, nor any blind, curtain, frost, paint, tinting, or other device on or against any door or window inside or out or out of any place where any such tables or other amusement devices are kept, at any time, by day or by night, so as to, at any time, by day or by night, obstruct or prevent a plain view of the inside of such place from the outside thereof.

Section 610.130 Hours of Operation.

[R.O. 2012 §610.140; Ord. No. 89-11-3 §6, 11-20-1989]
No pool hall shall open for business prior to 8:00 A.M. and shall be closed no later than Midnight of every business day and no pool hall shall open before 12:30 P.M. on Sundays and close by Midnight. For the purpose of this Section, any person other than the licensee or his/her regular employees upon the premises during the hours when same cannot be open for business shall constitute a violation of this Section.

Section 610.140 Minors Must Have Permission to Play.

[R.O. 2012 §610.150; Ord. No. 89-11-3 §7, 11-20-1989]
No person operating a pool hall shall suffer or permit any person under the age of sixteen (16) years to play pool or billiards in his/her premise without written permission of the parent or guardian of such minor.

Section 610.150 Intoxicated Person Not Permitted to Enter.

[R.O. 2012 §610.160; Ord. No. 89-11-3 §8, 11-20-1989]
No pool hall keeper shall allow any intoxicated person therein.

Section 610.160 Unlawful Operation.

[R.O. 2012 §610.170; Ord. No. 89-11-3 §9, 11-20-1989]
It shall be unlawful for any person to own, operate, lease, occupy or control any building or place and knowingly permit pool tables or billiard tables to be operated unlawfully therein.

Section 610.170 Violation — Penalty — Revocation of License.

[R.O. 2012 §610.160; Ord. No. 89-11-3 §§10 — 11, 11-20-1989]
A. 
Upon the conviction of any person licensed pursuant to this Article for a violation of any provision of this Article, said conviction shall automatically operate to revoke the license hereunder issued to such person. Any person found guilty of a violation of any Section of this Article shall be deemed guilty of an ordinance violation and subject to fine and/or imprisonment in accordance with the general penalty.
B. 
No person convicted of violating any of the provisions of this Article shall be issued a license to operate a pool hall within the City or renewal thereof thereafter.