City of Oak Grove, MO
Jackson County
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Table of Contents
Table of Contents
[Ord. No. 1691 §1, 9-7-2010]
It is the policy of the City of Oak Grove to protect the health and welfare of its citizens. In that regard, the City has implemented the following conditions regarding Under 21 Clubs to protect the young adults frequenting such place so that they have a safe environment to dance and enjoy music.
[Ord. No. 1691 §1, 9-7-2010]
A. 
It is unlawful for any person to:
1. 
Operate or maintain an Under 21 Club business in the City unless the owner of the club has obtained an Under 21 Club business license from the City, or
2. 
Operate such business after such license has been revoked or suspended by the City.
B. 
It is unlawful for any employee or manager to knowingly operate an unlicensed club.
C. 
The failure to post an Under 21 Club business license in the manner required herein shall be prima facie evidence that an Under 21 Club business has not obtained such license. In addition, it shall be prima facie evidence that any employee or manager who operates an Under 21 Club in which a business license is not posted in the manner required herein had knowledge that such business is not licensed.
[Ord. No. 1691 §1, 9-7-2010]
A. 
It is unlawful for any person to:
1. 
Work as a manager of an Under 21 Club without first obtaining a license to do so from the City; or
2. 
Work as a manager of an Under 21 Club after such person's license to do so has been revoked or suspended.
[Ord. No. 1691 §1, 9-7-2010]
A. 
The application for a license shall be accompanied by payment in full of the fee in the amount of one hundred dollars ($100.00) for each Under 21 Club business license and five dollars ($5.00) for each manager license by certified or cashier's check or money order, and no application shall be considered complete until such fee is paid.
B. 
The filing fee is not refundable or prorated.
[Ord. No. 1691 §1, 9-7-2010]
A. 
Under 21 Club Business License. All persons desiring to secure a license to operate an Under 21 Club as required herein shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person who owns the Under 21 Club. The application shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by its President. If the applicant is a partnership, the application shall be signed by a partner. In all other instances where the owner is not an individual, where applicable, the application shall be signed by an authorized representative of the owner. The City Clerk may require proof of authorization before accepting an application. All applications shall be submitted on a form supplied by the City Clerk and shall require all of the following information:
1. 
The name, residence address, home telephone number, occupation, date, place of birth and Social Security number of the applicant.
2. 
The name, residence address, home telephone number, occupation, date, place of birth and Social Security number of all partners, if the applicant is a partnership or limited liability partnership, and if the applicant is a corporation or limited liability company, the same information for all corporate officers and directors and stockholders or members who own more than twenty-five percent (25%) interest in the corporation.
3. 
The tax identification number and registered agent if the owner is required to have a tax identification number or registered agent.
4. 
The name of the Under 21 Club, a description of the operation of the business, and the name of the owner of the premises where the Under 21 Club will be located.
5. 
A statement from the applicant whether the applicant, or any corporate officer or director, or stockholder, partner or member who owns more than twenty-five percent (25%) interest in such entity, in previously operating in this or another City, County or State, has had an Under 21 Club business license of any type revoked or suspended and, if so, the reason for the suspension or relocation and the business activity subjected to the suspension or revocation.
6. 
A statement from the applicant, all partners or each corporate officer and director that each such person has not been either: convicted of, or released from confinement for conviction of, or diverted from prosecution on:
a. 
Any felony within the five (5) years immediately preceding the application, or
b. 
A misdemeanor within the two (2) years immediately preceding the application, or
c. 
A municipal or County ordinance violation within the two (2) years immediately preceding the application where such felony, misdemeanor, municipal or County ordinance violation involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography or related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Statutes or municipal ordinances.
7. 
If the applicant is a corporation or limited liability company, a current certificate of registration issued by the Missouri Secretary of State.
8. 
A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and connect and that the applicant has read the provisions of this Chapter regulating Under 21 Clubs.
Failure to provide the information and documentation required herein shall constitute an incomplete application. The City Clerk shall notify the applicant whether or not the application is complete within thirty (30) working days of the date the application is received by the City Clerk.
B. 
Manager License. All persons desiring to secure a license to be a manager shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to be a manager. All applications shall be submitted on a form supplied by the City Clerk and shall require all of the following information:
1. 
The applicant's name, home address, telephone number, date and place of birth, and Social Security number.
2. 
A statement from the applicant that the applicant has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on any felony, whichever event is later, within five (5) years immediately preceding the application or has not been convicted of, or diverted from prosecution on, a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two (2) years immediately preceding the application where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or controlled substances or illegal drugs or narcotics as defined in the Missouri Statutes or municipal ordinances.
The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution, or sale of controlled substances or illegal drugs or narcotics.
3. 
The applicant shall present to the City Clerk, who shall copy, documentation that the applicant has attained the age of eighteen (18) years at the time the application is submitted. Any of the following shall be accepted as documentation of age:
a. 
A valid motor vehicle operator's license issued by any State bearing the applicant's photograph and date of birth;
b. 
A State-issued identification card bearing the applicant's photograph and date of birth;
c. 
An official and valid passport issued by the United States of America;
d. 
An immigration card issued by the United States of America; or
e. 
Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk and Policy Chief.
Failure to provide the information required herein shall constitute an incomplete application. The City Clerk shall notify the applicant whether or not the application is complete within thirty (30) working days of the date the application was received by the City Clerk.
C. 
Application Process.
1. 
Upon receipt of an application for an Under 21 Club business license or a manager license, the City Clerk shall immediately transmit one (1) copy of the application to the Chief of Police for investigation of the application, one (1) copy of the application to the City Administrator, and one (1) copy of the application to the Building Official.
2. 
The Chief of Police shall investigate such application to determine whether the information contained in the application is accurate and whether the application meets the requirements herein for issuance of the license for which the application is made. The Chief of Police shall report the results of the investigation to the City Clerk not later than twenty (20) working days from the date the application is received by the City Clerk.
3. 
The Building Official shall determine whether the structure where the Under 21 Club business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, Building Code and Fire Code ordinances of the City. The Building Official shall report the results of his/her investigation to the City Clerk not later than twenty (20) working days from the date the application is received by the City Clerk.
4. 
Upon receipt of the report from the Chief of Police and Building Official, the City Clerk shall schedule the application for consideration by the Governing Body at the earliest meeting consistent with the notification requirements established by law. The applicant shall be notified in writing of the date when the Governing Body will consider the application and shall be afforded an opportunity to be heard at that meeting.
[Ord. No. 1691 §1, 9-7-2010]
A. 
The Governing Body shall examine an application for an Under 21 Club business license or a manager license within forty-five (45) days of the date such application was received by the City Clerk. After such examination, the Governing Body shall approve the issuance of a license only if the appropriate license fee has been paid, the applicant is qualified, and all the applicable State and Municipal Code regulations are met.
B. 
The record of the Governing Body shall show the action taken on the application, and if the license is granted, the Governing Body shall direct the City Clerk to issue the proper license. The Under 21 Club business license and manager license shall state that the license is not transferable to other persons or entities and the calendar year for which it is issued.
C. 
If an application for a license is denied, any aggrieved applicant may seek judicial review in the Jackson County Circuit Council in a manner provided by law.
[Ord. No. 1691 §1, 9-7-2010]
A. 
No person is eligible nor shall an Under 21 Club business license be issued to:
1. 
An applicant for an Under 21 Club business license if the premises for which an application for an Under 21 Club has been made and is located within five hundred (500) feet of any residential-zoned lot, religious assembly, school, park and recreation use or child care facility. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the Under 21 Club to the nearest lot line containing the residential-zoned lot, religious assembly, school, park and recreation use or child care facility;
2. 
The premises for which an application for an Under 21 Club has been made is located within five hundred (500) feet of any other Under 21 Club business for which there is a license issued by the City regardless of whether such is located on the same or separate property. This separation distance shall be measured as a straight line, without regard to intervening properties, provided that the location restriction may be waived by the Board of Aldermen after review and recommendation by the Planning Commission if applicant can show the following and it is found that:
a. 
The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of the Code will be observed.
b. 
The proposed use will not enlarge or encourage the development of a "blighted" area as defined in Section 100.310, RSMo.
c. 
The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.
d. 
All applicable regulations of the Code will be observed.
3. 
The applicant knowingly failed to supply all of the information requested on the application;
4. 
The applicant knowingly gave materially false, fraudulent or untruthful information on the application;
5. 
The applicant's proposed business premise does not comply with or meet the requirements of the applicable health, zoning, Building Code, fire and property maintenance ordinances of the City;
6. 
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth herein during the time period set forth herein; or
7. 
The applicant had an Under 21 Club business license or comparable license revoked or suspended in this or any other City during the past five (5) years.
B. 
An applicant for a manger of an Under 21 Club, if one (1) or more of the following conditions exist:
1. 
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth herein during the time period set forth herein;
2. 
The applicant knowingly failed to supply all of the information requested on the application;
3. 
The applicant knowingly gave materially false, fraudulent or untruthful information on the application; or
4. 
The applicant had a manager license or comparable license revoked or suspended in this or any other City during the past five (5) years.
[Ord. No. 1691 §1, 9-7-2010]
The Police Department and the Department of Health and Sanitation may from time to time make an inspection of each permitted establishment in this City for the purposes of determining that the provisions of this Chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such inspection officer immediate access to the premises or to hinder such officer in any manner. Provided however, that any failure on the part of any permittee or employee to grant immediate access to such inspector shall be grounds for the revocation or suspension of any business or employee permit.
[Ord. No. 1691 §1, 9-7-2010]
A. 
The following standards of conduct shall be adhered to by all Under 21 Club businesses, their employees and all managers and patrons of Under 21 Clubs while on or about the premises of the business:
1. 
Alcohol. No owner, operator, manager, employee or other person in charge of the premises of an Under 21 Club business shall:
a. 
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon the premises;
b. 
Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises; or
c. 
Knowingly allow or permit a violation of this Chapter or any other City ordinance provision or State law.
The manager shall remove or have removed from the premises any person who is or appears to be under the influence or affected by the use of alcohol and/or drugs, or whose conduct poses a physical danger to the safety of others present.
2. 
Lighting required. The premises shall be illuminated adequately to ensure the safety of the public.
3. 
Hours of operation. Pursuant to Section 210.590 of the City Code, it is unlawful for any person under the age of seventeen (17) years to be in or upon any public place or way within the City of Oak Grove between the hours of 11:00 P.M. and 6:00 A.M. Sunday through Thursday; and between the hours of 11:30 P.M. and 6:00 A.M. Friday and Saturday.
4. 
Loitering. Loitering or the creation of a public nuisance or disturbance of the peace by any patron of the Under 21 Club on the premises or in the immediate vicinity of the Under 21 Club shall be prohibited. Loitering shall not include walking between the Under 21 Club building and the patron's vehicle, nor shall it include the act of waiting in line to gain admission to the Club as long as the patrons at not creating a public nuisance or disturbing the peace while waiting in line.
5. 
Off-street parking. The business shall maintain sufficient off-street parking.
[Ord. No. 1691 §1, 9-7-2010]
A. 
A manager shall be on duty at all times when the premises are open for business.
B. 
The manager shall be responsible to insure that all applicable local, State, and Federal laws and regulations are complied with.
[Ord. No. 1691 §1, 9-7-2010]
A. 
Whenever the City Clerk has information that:
1. 
The owner or operator of an Under 21 Club business or holder of a manger license has violated, or knowingly allowed or permitted the violation of any of the provisions of this Chapter; or
2. 
There have been recurrent violations of provisions of this Chapter that have occurred under such circumstances that the owner or operator of the Under 21 Club business knew or should have known that such violations were committed; or
3. 
The Under 21 Club business license or the manager license was knowingly obtained through false statements in the application for such license or renewal thereof; or
4. 
The applicant knowingly failed to make a complete disclosure of all information in the application for such license or renewal thereof; or
5. 
The owner or operator, or any partner, or any corporate officer or director holding an Under 21 Club business license has become disqualified from having a license by a conviction as provided herein;
then the City Clerk shall make this information known to the Governing Body which shall conduct a public hearing in accordance with the notice and hearing procedures as set forth in Section 605.180 to determine whether the license should be suspended or revoked. Based on the evidence produced at the hearing, the Governing Body may take any of the following actions:
1.
Suspend the license for up to ninety (90) days;
2.
Revoke the license for the remainder of the license year; or
3.
Place the license holder on administrative probation for a period of up to one (1) year on the condition that no further violations of the Chapter occur during the period of probation. If a violation does occur and after a hearing the violation is determined to have actually occurred, the license will be revoked for the remainder of the license year.