[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.
[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.
[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.
[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,
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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.
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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.
[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.
[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).
[Ord. No. 2380 §1, 6-21-2010]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any location where a public dance, pool tables or billiard
hall, bowling alley, game arcade or concert may be conducted.
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.
