[R.O. 1993 § 630.010; Ord. No.
2241 § 1, 6-8-1993]
As used in this Chapter, the following words shall be construed
as set forth below:
Any billiard hall, pool hall, dance hall or game arcade as
defined in this Chapter.
Any place where billiard tables are kept for hire to the
public.
Any place where public dances are held or conducted and for
which an admission fee or other charges is required or collected.
Any place of business where four (4) or more pinball games,
video games, or other mechanical games are displayed for public use
which the public may play by depositing coins or tokens in the machine,
whether or not another business is conducted on the same premises,
and twenty-five percent (25%) of the gross revenues collected at the
place of business are derived from the operation of said games.
Any person who is less than eighteen (18) years of age.
Any individual, partnership, firm, association, company,
corporation, or combination of individuals, of whatever form or character.
Any place where pool tables are kept for hire to the public.
[R.O. 1993 § 630.020; Ord. No.
2241 § 1, 6-8-1993]
It shall be unlawful for any person to operate, own or control
any pool hall, billiard hall, dance hall or game arcade within the
City without first having obtained a license therefor from the City.
[R.O. 1993 § 630.030; Ord. No.
2241 § 1, 6-8-1993]
The provisions of this Chapter shall not be applicable to any
person having set up in his/her private residence a pool table or
billiard table for his/her private use or for the use of his/her family,
nor to civic, fraternal, religious or patriotic clubs or associations
which have set up a pool table, billiard table, dance hall or game
arcade for use exclusively by club members or their invitees and for
which no fees or charges are made or collected.
[R.O. 1993 § 630.040; Ord. No.
2241 § 1, 6-8-1993]
A.
All
applications for licenses under this Chapter shall be made in writing
and submitted to the City Council for approval.
B.
Every
license application shall contain the name and address of the applicant,
the location and address of the premises at which the amusement is
to be located, the particular kind of amusement to be operated thereunder,
and the number of pool tables, billiard tables or mechanical games
to be operated upon the premises.
[R.O. 1993 § 630.050; Ord. No.
2241 § 1, 6-8-1993]
A.
No
person shall be granted a license within the scope of this Chapter
unless he/she is of good moral character, a citizen of the United
States, a qualified voter and citizen of the City, and a resident
of the City for not less than five (5) years next before said application
is filed.
B.
No
person shall be granted a license within the scope of this Chapter
whose license has been revoked or who has been convicted of or pled
guilty to violating any law of this State or ordinance of the City
regulating amusements.
[R.O. 1993 § 630.060; Ord. No.
2241 § 1, 6-8-1993]
Upon approval of the license application by the City Council,
the City Clerk shall issue a license within the scope of this Chapter
to any person who has complied with the provisions of this Chapter
and who produces a receipt from the City Collector confirming that
all business and occupation license fees have been paid.
[R.O. 1993 § 630.070; Ord. No.
2241 § 1, 6-8-1993]
Each license issued pursuant to this Chapter shall be for a
term of one (1) year beginning July 1 and ending on June 30 of the
following year, unless said license is suspended or revoked as herein
provided.
[R.O. 1993 § 630.080; Ord. No.
2241 § 1, 6-8-1993]
A separate license to operate an amusement within the City shall
be required for each place of business where such amusement is to
be operated. No person who is issued a license to operate an amusement
within the City shall operate the same in any place other than the
place designated on said license.
[R.O. 1993 § 630.090; Ord. No.
2241 § 1, 6-8-1993]
No license issued pursuant to this Chapter shall be transferable
or assignable.
[R.O. 1993 § 630.100; Ord. No.
2241 § 1, 6-8-1993; Ord. No. 2252 § 1, 10-12-1993; Ord. No. 2627 § 1, 5-8-2007]
A.
Minors
Prohibited — Exception. No person who is issued a license to
operate an amusement under this Chapter within the City shall allow
any minor to be present upon said premises unless accompanied by his
or her parent or legal guardian.
B.
Hours
Of Operation — Sunday Closing — Exception. It shall be
unlawful for any person to operate any amusement within the City between
the hours of 12:00 A.M. and 6:00 A.M. on any weekday. It shall be
unlawful for any person to operate any billiard hall, pool hall or
dance hall on any Sunday.
1.
Exception. Any person who has both a current valid license to operate an amusement issued under this Chapter and a current valid license for the sale and consumption of intoxicating liquor, non-intoxicating beer and/or set-ups (for consumption of liquor) issued under Chapter 600 of the Charleston Code of Ordinances for the same place of business may remain open and operate said amusement on the same days and for the same time periods as permitted by said liquor license.
C.
Loitering
Prohibited. A person to whom a license is issued under this Chapter
to operate an amusement within the City shall not allow or permit
any person or persons to stand, loiter, occupy or be present upon
the licensed premises, or any parking lot or other property immediately
adjacent thereto which is owned, leased, possessed, managed or controlled
by the licensee, between the hours of 12:00 Midnight and 6:00 A.M.
on any weekday or on any Sunday.
D.
Sale,
Possession Or Consumption Of Alcohol Or Controlled Substances Prohibited.
1.
No person who is issued a license to operate an amusement within the City shall sell or dispense within the licensed premises any intoxicating liquor, malt alcohol liquor, non-intoxicating beer, or any other beverage having an alcoholic content as defined in Section 600.010 of the Code of Ordinances of the City of Charleston, Missouri (all being hereinafter referred to as alcoholic beverages), nor shall said licensee allow any person to possess or consume upon the licensed premises any such alcoholic beverages, unless the licensee shall have obtained a current and valid license for the sale and consumption of such alcoholic beverages.
2.
In addition, no licensee shall allow any person to sell, possess
or consume upon the licensed premises any controlled substance as
defined by Section 195.010, RSMo., and as listed on Schedules I through
V in Sections 195.005 to 195.425, RSMo.
E.
Intoxicated
Persons Prohibited. No person who is issued a license to operate an
amusement within the City shall allow any person to enter upon or
remain upon the licensed premises who is intoxicated.
F.
Gambling
Prohibited. No person who is issued a license to operate an amusement
within the City shall allow or permit any gambling in any form upon
the licensed premises or permit any gambling devices upon the premises.
[R.O. 1993 § 630.110; Ord. No.
2241 § 1, 6-8-1993]
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.
[R.O. 1993 § 630.120; Ord. No.
2241 § 1, 6-8-1993]
For the purpose of enforcing this Chapter, the City Manager,
Building Code Enforcement Officials and City Police shall have the
authority to inspect and examine the licensed premises to enforce
compliance with this Chapter. Such persons shall be authorized to
inspect licenses and shall have authority to enter, with or without
a search warrant, upon the licensed premises at all reasonable times.
[R.O. 1993 § 630.130; Ord. No.
2241 § 1, 6-8-1993; Ord. No. 2252 § 2, 10-12-1993]
A.
Summary
Suspension Authorized. The City Manager shall have authority to summarily
suspend for a period not to exceed ten (10) days any license issued
under this Chapter when:
B.
Notice
Of Action — Hearing. The City Manager shall cause written notice
of his/her order of summary suspension to be delivered to the licensee,
either in person or by certified mail with return receipt requested,
not less than five (5) days prior to the effective date of the suspension.
The notice shall state the grounds for the order and the commencement
date and duration of the suspension.
C.
Request
For Hearing. A licensee may request a full hearing before the City
Manager within seventy-two (72) hours after receipt of a notice of
suspension. Said request for hearing shall be in writing and shall
be delivered to the City Manager who shall then set the date, time
and place for said hearing.
D.
Appeal.
Any person aggrieved by the decision of the City Manager to suspend
a license hereunder may appeal to the City Council by filing a written
notice of appeal within seven (7) days of the decision of the City
Manager. The notice of appeal shall be in writing and filed with the
City Clerk. The appeal shall be heard by the City Council in compliance
with the Missouri Administrative Procedures Act and the decision of
the City Council shall be final except for the right of any party
to file an action in court for judicial review. Upon filing a timely
notice of appeal, the City Manager's suspension order shall be stayed
pending the appeal.
[R.O. 1993 § 630.140; Ord. No.
2241 § 1, 6-8-1993]
A.
Revocation
Or Suspension — Grounds. The City Council may, in addition to
any other penalty or remedy authorized by law, suspend or revoke any
license issued under this Chapter for any of the following reasons:
1.
Any failure to comply with, or any violation of, any provisions of
this Chapter by any licensee, his/her agent or employees.
2.
Any violation of the terms and conditions upon which the license
was issued.
3.
The failure of the licensee to pay any license fee, tax or obligation
due to the City.
4.
Any misrepresentation or false statement made in the application
for such license.
5.
Any illegal or improper issuance of the license.
6.
The licensee, his/her agents or employees causing, maintaining or
permitting the maintenance of a nuisance, whether public or private,
or engaging in any conduct so inimicable to the public health, safety
and general welfare as to constitute a nuisance.
B.
Revocation
— Procedure. When any complaint shall be made to the City Council
that cause exists for the revocation or suspension of a license issued
under this Chapter, the following procedures shall be used by the
City Council, to wit:
1.
The City Council shall cause the matter to be set for hearing to
consider the question of suspension or revocation.
2.
Not less than ten (10) days prior to the date of such hearing, written
notice thereof shall be served upon the licensee either by delivery
in person or by certified mail with return receipt requested addressed
to the licensee at his/her last known address as shown in the records
of the City Collector, advising the licensee of the date, time and
place of the hearing and of the reason for considering the revocation
or suspension of his/her license.
3.
At the hearing, the City Council shall hear and consider all relevant
evidence. A majority decision of a quorum of the City Council present
for said hearing shall be necessary to revoke or suspend any license.
4.
The City Council shall issue written findings and orders either denying
the complaint or suspending or revoking the license. A copy of the
said findings and order shall be served upon the licensee either in
person or by certified mail with return receipt requested.
[R.O. 1993 § 630.150; Ord. No.
2241 § 1, 6-8-1993]
Conviction in any court of any violation of this Chapter shall
have the effect of automatically revoking the license of the person
convicted, and such revocation shall continue operative until said
case is finally disposed of, and if the defendant is finally acquitted,
he/she may apply for and receive a license hereunder, upon paying
the regular license fee.
