City of Higginsville, MO
Lafayette County
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Table of Contents
Table of Contents

Section 630.010 License Required.

[Ord. No. 2380 §1, 6-21-2010]
A. 
It shall be unlawful for any person, firm or corporation, either as principal, agent or employee, to conduct, pursue, carry on or operate any amusement place in any hall within the limits of the City of Higginsville without a license.
B. 
No license for an amusement place shall be issued without first paying an annual business license fee and procuring a license therefore from the City Collector of said City.
C. 
The Collector of the City of Higginsville shall not issue any such license until the application therefore has been reviewed by the Board of Aldermen of said City and thereafter the application being approved by the Board, upon finding that (1) granting of the license will not be detrimental to the neighborhood in which it is proposed to be located and (2) granting the license is for the best interests of the City of Higginsville and the inhabitants thereof. In making these findings one (1) of the factors, but not the sole factor, to be considered shall be whether the applicant, or anyone acting on the applicant's behalf including, but not limited to, the applicant's agent, servant, employee, corporation, partner or trustee, within the previous twenty-four (24) months has violated any provision of this or any other ordinance or laws or regulations relating to such places, including those relating to the possession, consumption, dispensing or furnishing of alcoholic and/or cereal malt beverages or other intoxicating substances.
D. 
The application shall state the location at which the business will be conducted, the type of building in which any business is to be operated, and that the building has been approved in writing by the Building Official as being safe insofar as fire hazards are concerned and as being in compliance with the City's building, electrical, plumbing and mechanical codes.

Section 630.020 Application For License.

[Ord. No. 2380 §1, 6-21-2010]
A. 
Applicants for a license under this Section shall file with the City Collector a sworn application in writing, on a form to be furnished by the City Collector which shall give the following information:
1. 
The name and description of the applicant.
2. 
The applicant's legal and local address.
3. 
The applicant's social security number.
4. 
The applicant's date of birth.
5. 
A statement whether or not the applicant has pled guilty to or been convicted of any felony, misdemeanor or violation of the ordinances of the City of Higginsville and, if so, the date and location of the offense.
6. 
All other information necessary to carry out and administer the requirements of this Section.
B. 
A full investigation of the applicant and proposed location for the purpose of ensuring the safety, health and general welfare of the public shall be conducted in the following manner:
1. 
The City Collector shall send a copy of the application to:
a. 
The Chief of Police who shall ensure that a full background check regarding the applicant is conducted.
b. 
The Building Official, who shall inspect, or designate a representative to inspect, the proposed location for which the license or permit is being applied for is in compliance with applicable City building requirements.
2. 
The results of the inspections and investigations pursuant to Subsection (B)(1) above shall be filed with the City Collector who shall forward them on with the application to the Board of Aldermen.
3. 
At the same time as investigations are made pursuant to this Section, a maximum occupancy load for the licensed premises shall be established by the City Officials conducting the investigation in accordance with the building codes adopted by the City of Higginsville.

Section 630.030 Conditions — License To Be Posted.

[Ord. No. 2380 §1, 6-21-2010]
No license for an amusement place shall be issued to any person, firm or corporation until it shall be found that the place for which it is issued complies with and conforms to all laws, ordinances, health and fire regulations applicable thereto including, but not limited to, the City's building, electrical, plumbing and mechanical codes, and is properly ventilated and supplied with separate and sufficient toilet conveniences for each sex, and is a safe and proper place for carrying on an amusement place. Every person, firm or corporation to whom a license is issued hereunder shall post the same in a conspicuous place in the amusement place covered by such license.

Section 630.040 Suspension, Revocation of Licenses.

[Ord. No. 2380 §1, 6-21-2010]
A. 
The City Administrator, or his designee, on hearing, may suspend for a specified period of time or revoke for a period not exceeding one (1) year any license issued under the provisions of this Chapter,
1. 
If the licensee has failed to begin to use the license within one hundred twenty (120) calendar days from the date of issuance; or
2. 
If the licensee has not kept an orderly place; or
3. 
If the licensee has been convicted of any violation of any provisions of Chapter 600 of the Code of Ordinances of the City of Higginsville, Missouri; or
4. 
For any other good cause shown,
then in any such event, the City Administrator or his designee shall hold a hearing in the manner provided in this Section to ascertain all facts in the matter.
B. 
Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the licensee and shall be served upon the licensee in person or by certified mail sent to the last known address of the licensee. In the event that the notice is not able to be served upon the licensee in person, and any notice sent by mail is returned by the postal service, the City Clerk shall cause notice to be published in a local newspaper or posted at the entrance to the licensee's principal place of business.
C. 
In any instance in this Section wherein a hearing is required, the City Administrator or his designee shall after no less than ten (10) days' written notice to the licensee, hold a hearing to ascertain all relevant facts in the matter.
D. 
A licensee shall have the right to be represented by counsel, to produce witnesses and other evidence, and to cross-examine all witnesses who appear against him. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearing shall be recorded and transcribed as required by law. The City Administrator or his designee may receive evidence relevant to the issues from any source.
E. 
The City Administrator or his designee shall issue written findings of fact and conclusions of law and an order. The City Administrator or his designee may suspend the license for a period or revoke the license issued hereunder, and the order shall be served upon the licensee in person or by certified mail sent to the licensee's last known address.
F. 
Any licensee, managing officer, owner or establishment whose dance hall permit license is suspended or revoked under the provisions of this Chapter shall not be granted another dance hall permit during the period of suspension or revocation.

Section 630.050 Occupancy.

[Ord. No. 2380 §1, 6-21-2010]
It shall be a violation of this Section for a license holder, or that person's agent or employee, to allow more persons upon the licensed premises than the maximum occupancy established at the issuance of the license.

Section 630.060 Issuance Term.

[Ord. No. 2380 §1, 6-21-2010]
On approval of an application for a license under this Chapter, the City Collector shall issue the permit for a term to expire June thirtieth (30th) next succeeding the date of issuance. Of the fee to be paid for such permit, the applicant shall pay as many twelfths as there are months, or fractional months, remaining from the date of issuance until the next July first (1st).

Section 630.070 Definitions and Application.

[Ord. No. 2380 §1, 6-21-2010]
As used in this Chapter, the following terms shall have these prescribed meanings:
AMUSEMENT PLACE
Any location where a public dance, pool tables or billiard hall, bowling alley, game arcade or concert may be conducted.
PUBLIC DANCE
As used in this Chapter shall mean any dance to which admission can be had by payment directly, or indirectly, of a fee, or any dance to which the public generally can gain admission with or without the payment of a fee.
The requirements of this Chapter shall not apply to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for any event to be sponsored by the organization and for which no person or entity other than the organization shall receive any money or payment for admission to the event or otherwise, and which organization has obtained exemption from the payment of Federal income taxes as provided in Section 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10), 501(c)(19) or 501(d) of the United States Internal Revenue Code, as amended.