[CC 1997 §5.1]
It shall be unlawful for any person to erect or cause to be
erected any temporary structure to be used as a place of amusement
or for any religious, educational or recreational purposes or for
any other public assemblages whatsoever within the City without first
having made application for and received permission to do so in accordance
with the conditions and limitations as set out in this Article.
[CC 1997 §5.2]
A.
The applicant
for a permit under this Article shall file an application in writing
with the Public Works Director, which application shall be accompanied
by three (3) sets of building plans, drawn to scale, which shall indicate
clearly:
1.
The
type of construction.
2.
The
seating arrangements.
3.
The
location of aisles.
4.
The
structural details and calculations of the seats and supports.
5.
The
location of all electrical wiring.
6.
The
location of all exits.
7.
The
location of all fire equipment within the structure and the specifications
of such equipment.
8.
The
location of adjacent structures and obstructions which might hinder
the free egress of persons from the exits.
9.
The
parking location and arrangement (one (1) space for each three (3)
seats).
B.
Such
application shall further specify:
1.
Whether
any open flame is intended to be used within the structure, and if
so, what precautions are to be taken to render it safe.
2.
The
name(s) of the sponsor(s) and concessionaire(s) who will use the structure.
3.
The
location of the principal place of business of the sponsor(s) and
concessionaire(s).
4.
The
length of time the structure is intended to be used for the purposes
applied for public assemblages.
5.
The
hours of the day or night during which such structure is intended
to be used as a place of assembly.
6.
The
formula of the fire retardant solution which is to be used, if a canvas
or similar structure.
7.
What
provisions have been made for sanitary facilities for persons using
the premises on which such structure is to be erected or is maintained.
8.
Such
other relevant information as the Public Works Director may require.
C.
Such
application and plans shall be submitted to the Public Works Director
at least thirty (30) days prior to the date of the opening of any
such structure. The Public Works Director shall review said plans
to determine compliance with all City Code provisions and to determine
that the public health, safety and welfare are to be adequately protected.
A report shall be submitted to the applicant in writing within ten
(10) days after receipt of said application, either denying or accepting
the application. If the application to erect and maintain is denied,
the Public Works Director shall set forth the reasons therefor.
If the Public Works Director finds that the provisions of this
Section have been complied with by the applicant, he shall issue a
building permit to erect or maintain such structure conditional upon
such reasonable limitations and requirements as he may deem necessary
for the protection of the public health, safety and welfare.
[CC 1997 §5.3]
Any person whose building permit has been denied may, within
ten (10) days after receipt of a notice thereof, appeal to the City
Council for a hearing thereon, and the decision of the Council in
this regard shall be final. If no appeal is taken within ten (10)
days as provided herein, the action of the Public Works Director shall
be final.
[CC 1997 §5.4; Ord. No. 1808-85, 6-5-1985]
A.
CARNIVALS
CONCESSION
FESTIVALS
For the
purposes of this Article, the following words and phrases shall have
the meanings respectively ascribed to them by this Section:
Amusement events having more than ten (10) concessions.
Booths for the sale of food, merchandise or for playing of
games.
Amusement events having ten (10) or less concessions.
B.
The applicant
for a permit under this Article shall pay to the Director of Finance,
a fee, according to the following schedule:
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Carnivals (per week or any fraction thereof)
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$175.00
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Circus (per day)
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$150.00
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Festivals (per week or any fraction thereof)
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$100.00
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Menageries, rodeos and wild west shows (per day)
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$100.00
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Concessions (per week or any fraction thereof)
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$5.00
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Parades for circuses and menageries when circus or menagerie
is located outside of the City (per day)
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$100.00
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Any amusement or entertainment or show of any kind in the City not included in above and not including amusement coin-operated devices provided under Chapter 605, Licenses (per day)
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$15.00
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Same (per week)
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$50.00
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C.
All mechanical
rides or similar devices that are inspected pursuant to a contract
with St. Louis County are exempt from any fees herein.
D.
The Council
may waive any fees required herein for not-for-profit charitable organizations,
but such organizations shall comply with the remaining portions of
the Municipal Code.
[CC 1997 §5.5]
The applicant for a license under this Article shall furnish
evidence that a public liability insurance policy in amounts of not
less than one hundred thousand dollars ($100,000.00) for one (1) person
and three hundred thousand dollars ($300,000.00) for any one (1) accident,
shall be in force and effect at the time such structure is to be occupied
as a place of assembly by the public.
[CC 1997 §5.6]
The applicant for a license under this Article shall deposit
with the City Finance Director a cash bond or surety bond in the sum
of one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00),
dependent upon the size and location of the event, conditioned upon
saving harmless the City from all liabilities or causes of action
which might arise by virtue of the granting of a permit to the applicant
and conditioned further that no damage will be done to the streets,
sewers, trees, parks, private or public property and that no dirt,
paper, litter or other debris will be permitted to remain upon the
streets, in parks, or upon any private property by such applicant.
Such cash bond or surety bond shall be returned to the applicant upon
certification by the Public Works Director that all conditions of
this Article have been complied with.
[CC 1997 §5.7]
A.
It shall
be unlawful for any person to cause or permit the occupancy of a structure
governed by this Article as a place of assembly, without the issuance
of a permit to occupy such structure as provided for in this Article.
B.
The Public
Works Director shall determine if the applicant for a permit to occupy
under this Article has made provision for:
1.
Adequate
aisles, seats, platforms and poles.
2.
Sufficient
exits, well marked and properly lighted.
3.
Lighted
and unobstructed passageways to areas leading away from the structure.
4.
Removal,
before the structure is to be used as a place of public assembly,
of any pole, rope or other obstruction in any aisle or exit.
5.
Inspection
before the opening by the City Electrical Inspector to ascertain if
any defects exist in the wiring and provision made for immediate correction
of any defects which may be found.
6.
Sufficient
first aid and fire fighting equipment to be distributed throughout
the structure with operating personnel familiar with the operation
of such equipment available and assigned during the use of such structure
as a place of assembly.
7.
Sufficient
"No Smoking" signs visible at all times.
8.
An employee
at each entrance to require the extinguishing of all cigarettes, cigars
and other smoking materials.
9.
Proper
safeguarding of any use of open flames.
10.
The
clearing of straw, dry grass, sawdust and any combustible trash from
the structure before it is opened to the public and arrangements made
to keep the areas where debris may be expected to accumulate well
serviced, especially under open seats.
11.
Proper
facilities for calling the City Fire and Police Departments.
12.
Such
special fire equipment to attend such structure during its use as
a place of public assembly as the Fire Chief may decide is necessary
for proper fire protection.
13.
The
attendance of such Police Officers and Firefighters as may be deemed
necessary for the control of persons in the assembly to prevent overcrowding,
obstruction of aisles and exits, and such other control as may be
necessary to render the occupation of such structure by the public
safe. A list of such personnel shall be submitted prior to the event
and shall be subject to approval by the City.
14.
The
tent and canvas parts of the structure, if applicable, and all combustible
decorative materials, including curtains, acoustic materials, streamers,
cloth, cotton batting, straw, vines, leaves, trees and moss shall
be rendered fire resistant.
[CC 1997 §5.8]
Upon completion of a structure governed by this Article, it
shall not be used as a place of assembly until the Public Works Director
has inspected the entire premises upon which the structure is located.
[CC 1997 §5.9]
If the Public Works Director finds that all of the limitations and requirements of Section 610.070 of this Article have been complied with and that the structure has been erected in accordance with the plans and specifications submitted with the application, he shall grant a permit to occupy such premises.
[CC 1997 §5.10]
If the Public Works Director finds that a structure governed
by this Article, or the premises on which it is located, is being
maintained in violation of any of the provisions of the permit to
erect and maintain, or any of the provisions of this Article or in
such a manner as to impair the public health, safety and welfare,
he may revoke the permit to occupy provided for in this Article.
[CC 1997 §5.11; Ord. No. 1011-73, 12-19-1973]
Any person whose permit to occupy has been revoked may, within
ten (10) days after receipt of a notice thereof, appeal to the City
Council for a hearing thereon, and the decision of the Council in
this regard shall be final. If no appeal is taken within ten (10)
days, as provided herein, the action of the Public Works Director
shall be final.
[CC 1997 §5.12; Ord. No. 2600-95, 3-15-1995; Ord. No.
4119-10 §4, 12-1-2010]
The Mechanical Code adopted by St. Louis County on or about
July 13, 2010, as Ordinance #24,438 as it pertains to amusements only
is hereby adopted as the Amusement Code of the City of Hazelwood.
The Code referenced is hereby declared in full force and effect and
to the same extent as if it were set out originally herein.
[CC 1997 §5.13; Ord. No. 2602-95, 3-15-1995]
The City Manager, on behalf of the City of Hazelwood, is hereby
authorized to enter into an agreement with the County for the enforcement
of the Amusements Code of the City of Hazelwood by St. Louis County.
The County shall collect and retain all fees.
[CC 1997 Ch. 5, Art. II; Ord. No. 1708-84, 2-15-1984]
A.
The Council,
after receiving information relative to the nature of such uses herein
and their application, states that this Article is necessary for the
preservation of the health, peace and safety pursuant to the Police
powers of the City; and
B.
The Council
further finds that such amusement centers and arcades have a tendency
to become a place of gambling or gaming or contain fraudulent devices
and practices for the purpose of gaining or obtaining money or property,
and therefore it is necessary to ascertain that the applicant possesses
good moral character.
[CC 1997 §5.20; Ord. No. 1708-84, 2-15-1984]
For the purposes of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Any establishment having four (4) or more mechanical or electronic
amusement devices for use or operation by the public or any establishment
deriving over one-half (½) its gross income from the utilization
of mechanical or electronic devices.
Any establishment licensed by the City of Hazelwood to operate
a business other than an amusement center or arcade having four (4)
or more mechanical or electronic amusement devices for use and operation
by its patrons and deriving less than one-half (½) its gross
income from the utilization of mechanical or electronic devices.
Any machine which, upon the insertion of a coin, slug, token,
plat, disc or any other insertion device, may be operated by the public
for use as a game, entertainment or amusement, of any kind or description
whatever.
[CC 1997 §5.21; Ord. No. 1708-84, 2-15-1984]
This Article shall not be applicable to any person having set
up in his private residence one (1) or more mechanical or electronic
amusement devices when employed for his own private use or for the
use of his family; business establishments where mechanical or electronic
amusement devices are used exclusively by patrons and upon which no
charge for playing is made; or business establishments or other public
places which may have three (3) or less mechanical or electronic amusement
devices for use or operation by the public.
[CC 1997 §5.22; Ord. No. 1708-84, 2-15-1984]
A.
It shall be unlawful for any person to operate or to permit to be operated on any premises in the City owned or controlled by such person an amusement center or arcade, except a subsidiary arcade as defined herein, without first securing a special land use permit as set forth in Chapter 405, Zoning Regulations. All such businesses shall obtain a business license duly issued under the provisions of Chapter 605, Licenses, of the Hazelwood Municipal Code.
B.
All mechanical or electronic amusement devices available to the public for a fee, whether or not situated in premises licensed as an amusement center or arcade pursuant to this Article, shall be subject to an annual license fee for each such device as set forth in Chapter 605, Licenses, of the Hazelwood Municipal Code.
[CC 1997 §5.23; Ord. No. 1708-84, 2-15-1984]
A.
An application shall be made to the City Council for a special land use permit for the operation of an amusement center or arcade in the City, in accordance with the provisions of Sections 405.415 et seq., of the Hazelwood Municipal Code.
B.
Each
such application shall be verified and shall contain the name of the
proposed operation (if a partnership, the names of all partners, and
if a corporation, the names of all officers), the proposed location
of the amusement center or arcade and the number and types of machines
to be provided. Such application shall be accompanied by accurately
scaled and duly dimensioned plans of the premises, showing the proposed
location of the mechanical or electronic amusement devices. If a special
land use permit is granted, and a license issued to an amusement center,
the holder of the license shall provide the City Clerk with updated
data at the time of any subsequent change of ownership, partners or
corporate officers.
C.
Each
such application shall be referred to the Chief of Police, who shall
investigate the character and fitness of the proposed operator(s),
as well as any other persons listed as having an interest in the proposed
license. Such investigation shall also be made on subsequent owners,
partners and corporate officers.
[CC 1997 §5.24; Ord. No. 1708-84, 2-15-1984; Ord. No.
2166-89, 4-5-1989]
A.
The Council
may deny a special land use permit should any of the following circumstances
be found to exist:
2.
Any
parties interested in the proposed business have been convicted of
any violation of any Statute or ordinance involving moral turpitude
or have previously had a business license suspended or revoked; provided,
that if the Council shall find that such person's fitness to operate
a business has not been affected by such suspension or revocation
and that permitting such applicant to conduct such an operation would
not be contrary to the public interest, they may grant such permit.
[CC 1997 §5.25; Ord. No. 1708-84, 2-15-1984]
Every type of business contemplated and defined by this Article
shall be located or situated at a greater distance than two hundred
(200) feet from any school, church or place of worship.
[CC 1997 §5.26; Ord. No. 1708-84, 2-15-1984]
A.
Children
under the age of fourteen (14) are required to bring a parent or guardian
along the first (1st) time they visit an amusement center or arcade.
A consent form, which will serve as a membership card for the child,
will be signed by the parent or guardian. School age children will
not be allowed in an amusement center or arcade during school hours
unless accompanied by a parent or guardian. Children under the age
of fourteen (14) must be accompanied by a parent or guardian after
9:00 P.M.
B.
This
Section shall not apply to subsidiary amusement centers and arcades.
[CC 1997 §5.27; Ord.
No. 1708-84, 2-15-1984; Ord. No. 4176-11 §3, 9-7-2011]
A.
No alcoholic
beverages shall be permitted anywhere on the premises of any business
defined and subject to this Article, unless such premises have been
licensed to dispense alcoholic beverages.
B.
No drugs,
other controlled substances, firearms or pyrotechnics shall be permitted
on the premises of any business defined and subject to this Article.
[CC 1997 §5.28; Ord. No. 1708-84, 2-15-1984; Ord. No.
2541-94, 7-6-1994]
A.
Nothing
in this Section or the ordinances of the City shall be construed to
allow or permit any game or device which is violative of State or
other laws which prohibit gambling or the use of gambling devices.
B.
Any mechanical
or electronic device which accepts additional coins, discs or insertion
pieces for the purpose of increasing the odds for the number of free
plays or free games which may be won thereby is not permitted.
C.
If the
Chief of Police, or his designated representative, shall have reasonable
cause to believe that any coin-operated amusement device is used or
being used as a gambling device, such machine or device may be seized
by the Chief of Police or his designated representative and impounded.
[CC 1997 §5.29; Ord. No. 1708-84, 2-15-1984]
A.
No person
shall be employed in a supervisory position in an amusement arcade
who is under the age of twenty-one (21), or who has been convicted
of any violation of any Statute, any provision of this Code, any ordinance
involving moral turpitude, or any felony.
B.
Prior
to employing any person in a supervisory position, the operator shall
submit the name of such person and such other information as may be
required to the Police Chief, who shall determine whether such person
has been so convicted and shall notify the operator thereof.
C.
At least
one (1) supervisor of at least twenty-one (21) years of age, employed
by the operator, shall be on duty at all times the premises are open
to the public and be present on the premises. The City Council may
require a uniformed security guard to be provided by the amusement
center or arcade.
[CC 1997 §5.30; Ord. No. 1708-84, 2-15-1984]
A.
An amusement
center or arcade may operate between the hours of 9:30 A.M. and 10:00
P.M., Monday through Thursday, 9:30 A.M. and 11:30 P.M. Friday and
Saturday, and must be closed on Sunday, unless these hours are modified
by the City Council.
B.
This
Section shall not apply to subsidiary amusement centers and arcades.
[CC 1997 §5.31; Ord. No. 1708-84, 2-15-1984]
A.
Every
place of business contemplated by this Article shall be maintained
in an orderly manner, and each business shall have at least eighty
percent (80%) of the machines in good repair and operating at all
times.
B.
The
licensee, business owner, manager and supervisory personnel of the
licensed establishment shall be obligated to maintain and keep order
and proper decorum at all times and shall be obligated, on order of
the City Council, to provide security personnel for the maintenance
of order and proper decorum on the premises. The Council may require
that tokens be used rather than currency to operate the video games
in order to prevent change soliciting from other businesses in the
area.
[CC 1997 §5.32; Ord. No. 1708-84, 2-15-1984]
A.
All coin-operated
amusement devices and machines and all premises on which such devices
and machines are maintained or exhibited shall be open to inspection
by the Police Department.
B.
If the
Chief of Police shall have reason to believe that any licensee of
a coin-operated vending machine is guilty of a violation of, or the
failure to comply with any of the provisions of this Article or other
ordinances of the City relating to the licensing and exhibiting of
such machines and devices, the Chief of Police shall give notice to
the licensee of such violations. If the licensee has not within five
(5) days of such notice, ceased such violation, the Chief of Police
shall seize and impound all of the coin-operated vending machines
for which the licensee has been granted a license by the City, or
which are situated within the City and required to be licensed even
if not licensed, and shall hold the same pending the trial of such
licensee for such violation. If the licensee is found guilty of the
violation as charged by the Chief of Police, such licensee shall pay
to the City, in addition to any fine levied by the court, ten dollars
($10.00) for each machine or device impounded by the Chief of Police
and be provided a receipt therefor, and upon exhibiting such receipt
to the Chief of Police, shall be entitled to regain possession of
each machine or device so impounded.
