Chapter 50 – Beer and Liquor

(ORD # 13-04)

Chapter 50—Beer and Liquor

Article I.  IN GENERAL      50.010.  Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:

Amusement place shall be defined as set forth in the provisions of

RSMo 311.098, and as amended from time to time.

Catering business shall mean any business involving the provisions and/or service of food and/or beverages for a private occasion, function or event whether prepared on the premises of the occasion, function or event or not.

Catering event shall mean any occasion, function or event which involves the provision and/or service of food and/or beverages for a period of time not to exceed 120 consecutive hours.

Closed place shall mean a place where all doors are locked and where no patrons are in the place or about the premises.

Intoxicating liquor shall be defined as set forth in the provisions of RSMo 311.020, and as amended from time to time.

Light wine shall mean any wine containing not in excess of fourteen (14) percent of alcohol by weight made exclusively from grapes, Berries or other fruits and vegetables.

Malt liquor shall mean any liquor containing alcohol in excess of three and two-tenths (3.2) percent by weight and not in excess of five (5) percent by weight, manufactured from pure hops or pure extraction of hops or pure barley malt or wholesome grain or cereals and wholesome yeast or pure water.

New amusement place shall be defined as set forth in the provisions of RSMo 311.098(3), and as amended from time to time.

New resort shall be defined as set forth in the provisions of RSMo

311.095(4), and as amended from time to time.

New restaurant bar shall be defined as set forth in the provisions of

RSMo 311.097(3), and as amended from time to time.

Non-intoxicating beer shall be construed to refer to and to mean any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic than one-half of one (.5) percent by volume and not exceeding three and two-tenths (3.2) percent by weight.

Original package shall mean any package containing one-half pint or more of intoxicating liquor, excepting malt liquor or any package containing three (3) or more standard bottles of malt liquor or non-intoxicating beer.           Person shall mean and include any individual, association, partnership, entity, joint stock company, syndicate, co-partnership, corporation, receiver, trustee, limited liability company, limited liability partnership, conservator or other officer appointed by a state or federal court.

Public place for purposes of this chapter shall mean any public way, park, parking lot, cemetery, school yard or open space adjacent thereto; or any place open to access by the public including any business to which the general public has access, regardless of any age restriction which apply to that place, unless that location is licensed under the provisions of this code.

Qualified legal voter shall mean a person who is legally registered to vote at the time an application for liquor license is made to the city.           Resort shall be defined as set forth in the provisions of RSMo 311.095, and as amended from time to time.

Restaurant for purposes of this chapter of the code, shall mean a business whose operations include preparing and/or serving of food for consumption on the premises by the general public and whose operations of serving food are open to the general public; and whose operations of serving food take place during regularly scheduled hours at least three days per week for a total of at least twelve hours per week at least thirty-six weeks per year. At least six hours of operations each week must be between the hours of

8:00 a.m. and 8:00 p.m.

Restaurant Bar shall be defined as set forth in the provisions of

RSMo 311.097, as amended from time to time.

Seasonal resort shall mean a restaurant which is not a new restaurant establishment and which is open for business eight (8) or fewer consecutive months in any calendar year. Fifty (50) percent of all gross sales of such restaurant shall be sales of prepared meals. Any new seasonal resort restaurant establishment having been in operation for less than twelve (12) weeks may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on premises for a period not to exceed ninety (90) days if the seasonal resort restaurant establishment can show a projection for annualized gross sales of which fifty (50) percent shall be sales of prepared meals. The temporary license fee and annual license fee shall be prorated to reflect the period of operation of the seasonal resort restaurant. The license shall be valid only during the period for which application was made and for which the fee was paid. Any seasonal resort restaurant upon resuming business for its season or operation shall not be considered a new establishment for purposes of issuing a temporary license. Nothing in this subsection shall prohibit, a seasonal resort restaurant from becoming a resort restaurant upon application, payment of fees, and compliance with the requirements of this chapter.           Taxpaying citizen shall mean a person who has paid all city, county, state and federal taxes which are due at the time of application or renewal for a city liquor license whether or not the taxes due are related to the income or premises for which the liquor license has been requested.

Tavern shall mean an establishment licensed to sell malt liquor by the drink or light wine for consumption on premises, but not licensed to sell intoxicating liquor by the drink.      50.020.   Inspection by city.

The city officials shall have the authority to inspect all premises covered by license issued under this chapter to determine whether the provisions of this chapter are being obeyed.

50.030.   Hours of sale generally.

No license holder under this chapter, nor any employee of such person, shall sell, give away or otherwise dispose of or suffer the same to be done upon or about his premises, any intoxicating liquor or non-intoxicating beer in any quantity between the hours of 1:30 a.m. and 9:00 a.m. Sunday and between the hours of 12:00 a.m. and 6:00 a.m. Monday.

50.040.   Hours of sale-Holidays and special event days.

Sundays prior to Memorial Day and Labor Day and on the Sunday on which the national championship game the National Football League is played, commonly known as “Super Bowl Sunday,” a person having a license to sell intoxicating liquor by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his or her license on that day from the time and until the time which would be lawful on another day of the week, notwithstanding any other provisions of the Code to the contrary.

50.050.   Same-Clubs, hotels and restaurants.

Where licenses authorizing the sale of intoxicating liquor by the drink or non-intoxicating beer for on-premises consumption are held by clubs and hotels, sections 50.030 to 50.040 shall apply only to the room or rooms in which intoxicating liquor or non-intoxicating beer is dispensed. Where licenses are held by restaurants whose business is conducted in one (1) room only and substantial quantities of food and merchandise other that intoxicating liquors and non-intoxicating beer are dispensed, then the licensee shall keep securely locked during the hours and on the days specified in sections 50.030 and 50.040 all refrigerators, cabinets, cases, boxes and taps from which intoxicating liquor or non-intoxicating beer are dispensed.

50.060.   Sales to minors, drunks and drunkards prohibited.

(a)  It is prohibited for any licensee under this chapter, or his employee, to sell, vend, give away or otherwise supply any intoxicating liquor or non-intoxicating beer in any quantity whatsoever to any person under the age of twenty-one (21) years, or to any person intoxicated or appearing to in a state of intoxication, or to a habitual drunkard, and any person whomsoever, except such person’s parent or guardian, who shall procure for, sell, give away or otherwise supply intoxicating liquor or non-intoxicating beer to any person under the age of twenty-one (21) years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard.           (b)  This section shall not apply to the supplying of intoxicating liquor or non-intoxicating beer to a person under the age of twenty-one (21) years for medical purposes only, or to the administering of intoxicating liquor or non-intoxicating beer to any person by a duly licensed physician.

50.070.   Purchase or possession by minor prohibited.

It shall be unlawful for any person under the age of twenty-one (21) years to purchase or attempt to purchase, or have in his possession, any intoxicating liquor or non-intoxicating beer.

50.080.   Misrepresentation of age by minors prohibited; use of altered identification.

  • Any person under the age of twenty-one (21) years who shall represent that he has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, except in cases authorized by law, shall be guilty of an offense.
  • In addition to the penalties established in subsection (a) of this section, any person who is less than twenty-one (21) years of age who uses a reproduced, modified, or altered chauffeur’s license, motor vehicle operator’s license, or state identification card, for the purpose of purchasing, asking for or in any way receiving any intoxicating liquor, shall be guilty of an offense and shall be subject to a fine of five hundred dollars

($500.00) for each separate offense.

50.090.   Drinking in public places prohibited; exception.

  • It shall be unlawful for any person to drink from or have in his possession an open container of intoxicating liquor or non-intoxicating beer in any public place within the city, except when a liquor license has been issued and is in effect for such public place.
  • The city council shall have the power to suspend the provisions of section 50.090 only upon the written application of an organization as defined in section 50.150. City Council’s authority to suspend shall be by vote of the city council for an ordinance suspending the provisions of section 50.090. City council shall be required to pass a new ordinance suspending section 50.090 for each application it deems sufficient to warrant a suspension.
  • An organization making a request to suspend the provisions of section 50.090 must designate the specific public place by street address, street description or legal description and the date and duration desired for the suspension. The application must be made not less seven (7) days in advance of the council meeting at which the council will consider the application. An organization shall not have more than one (1) application approved in any calendar year.
  • After consideration of an organization’s application, the city council may, in its discretion, suspend the provisions of section 50.090 for only a specified public place and a specific date and duration not exceeding three (3) calendar days.

50.100.   Procedures for handling intoxicated, incapacitated persons.           (a)  A person who appears to be incapacitated or intoxicated may be taken by a police officer to the person’s residence, to any available treatment service or to any other appropriate local facility, which may, if necessary, include a jail, for custody not to exceed twelve (12) hours.

  • Any police officer detaining an incapacitated or intoxicated person shall be immune from prosecution for false arrest and shall not be responsible in damages for taking action pursuant to subsection (a) if the officer has reasonable grounds to believe the person is incapacitated or intoxicated by alcohol and he does not use unreasonable excessive force to detain such person.
  • Immunity from prosecution under subsection (b) includes the officer taking reasonable action to protect himself from harm by the intoxicated or incapacitated person.

50.110.  Possession, sales by druggists and physicians.

  • Any druggist may have in his possession intoxicating liquor or non-intoxicating beer purchased by him from a licensed vendor under a license pursuant to this chapter, or intoxicating liquor or non-intoxicating beer lawfully acquired at the place of acquisition and legally transported into this state, and lawfully inspected, gauged and labeled as provided for by state law: such intoxicating liquor or non-intoxicating beer to be used in connection with the business of a druggist, in compounding medicine or as a solvent or preservant.
  • Nothing in this section shall prevent a regularly licensed druggist, after he procures a license therefore in compliance with this chapter, from selling intoxicating liquor or non-intoxicating beer in the original packages, but not be drunk or the packages opened on the premises where sold.
  • Nothing in this chapter shall be construed as limiting the right of a physician to prescribe intoxicating liquor or non-intoxicating beer in accordance with his professional judgment for any patient at any time, or prevent a druggist from selling intoxicating liquor or non-intoxicating beer to a person on prescription from a regularly licensed physician as above provided.

ARTICLE II.  LICENSES AND PERMITS

50.120.   License required; prohibitions.

  • It shall be unlawful for any person to sell in this city, either at retail or at wholesale, malt liquor, light wine, intoxicating liquor or nonintoxicating beer unless such person shall have obtained a license therefore from the city, and the full license fee therefore is paid.
  • It shall be unlawful for any person to sell or expose for sale intoxicating liquor or non-intoxicating beer by the drink or Sunday in the city, except as provided in sections 50.140 and 50.150 (c) of the city code. (c)  It shall be unlawful for any person holding a license, or who is operating on behalf of any person holding a license, for a resort, new resort, tavern, amusement place, or new amusement place to permit or allow persons under the age of twenty-one (21) not accompanied by a parent or legal guardian to enter any part of the resort, new resort, tavern, amusement place or new amusement place.
  • It shall be unlawful for any person under the age of twenty-one (21) not accompanied by a parent or legal guardian to enter any part or portion of any city licensed resort, new resort, tavern, amusement place, or new amusement place.
  • It shall not be unlawful for any person under the age of twentyone (21) to enter upon the premises of an establishment licensed by the city as a resort, new resort, or tavern for the purpose of employment as permitted by state law.
  • It shall not be unlawful for any person under the age of twentyone (21) to enter upon the permanent or temporary premises of any licensee licensed under the provisions of section 50.150 of this chapter, or the temporary premises of any catering event under section 50.130 (h).
  • Each establishment, including resorts, new resorts, restaurant bars, new restaurant bars, amusement places, new amusement places and taverns, shall be required to apply and receive its own separate city liquor license as required by this article if any one (1) of the following conditions are met: (1) If the establishment has its own individual exterior      entrance for patrons. This provision shall apply even if establishment has an interior connection to another establishment or if the establishment has a common exterior side or rear entrance with another establishment;
    • If the establishment has its own individual name. This provision shall apply even if the establishment is commonly owned by one (1) person who also owns other establishment(s) required to have a city liquor license under this article:
    • If the establishment is required to have its own separate city business license; or
    • For any other good cause which may exist as determined by city manager or his designee.
  • The age restrictions listed in subsection (c) and (d) of this section shall not apply to may establishment holding a restaurant bar or new restaurant bar license and whose operations include all of the following:
    • Preparing and/or serving of food for consumption on the premises by the general public and whose operations are open to the general public.
    • Regularly scheduled hours of operation at least three days per week for a total of at least 12 hours per week at least 36 weeks per year. (3) At least six hours of operation each week between the hours of 8:00 a.m. and 8:00 p.m.

(4) The preparation and/or serving of food for consumption on the premises must take place during all hours the operation is open for business before 9:00 p.m.

Any applicant who shall demonstrate compliance with these requirements shall have an endorsement upon their license which reads “No age restrictions.” Failure to establish these requirements and obtain the endorsement at the time of license issuance will exclude the licensee from this section.

50.130.   Sale of intoxicating liquor by the drink.

  • Amusement place.
    • Upon application as required by this chapter and receipt of a city license it shall be lawful for an amusement place to sell intoxicating liquor by the drink at retail for consumption on the premises.
    • In order for an amusement place to qualify for a city license, it must, in addition to the requirements of this chapter, satisfy all state requirements for a license to do business and have in its possession a state liquor license as an amusement place, as defined under RSMo 311.098, and all requirements of RSMo 311.098, as amended from time to time, for obtaining an amusement place license are hereby incorporated within the provisions of this section.
  • New amusement place.

(1) Upon application as required by this chapter and receipt of a city license it shall be lawful for a new amusement place having been in operation for less than ninety (90) days to sell intoxicating liquor at retail for consumption on premises for a period not to exceed ninety (90) days.               (2) In order for new amusement place to qualify for a city license, it must, in addition to the requirements of this chapter, satisfy all state requirements for a temporary license under RSMo 311.098 (3), and all requirements of RSMo 311.098 (3), as amended from time to time, for obtaining a new amusement place license are hereby incorporated within the provisions of this section. Notwithstanding the provisions of this section and RSMo 311.098 (3), upon application of a holder of a new amusement place temporary ninety-day license, the city manager or his designee may grant a second ninety-day temporary license. The holder of the original ninety-day temporary license shall apply for the second temporary license as if the second temporary license is the original temporary license and shall be subject to and abide by all provisions of this article during the application and term of the second ninety-day license.

    • Upon application as required by this chapter and receipt of a city license it shall be lawful for a resort to sell intoxicating liquor by the drink at retail for consumption on the premises.
    • In order for a resort to qualify for a city license, it must in addition to the requirements of this chapter, satisfy all state requirements for a license to do business and have in its possession a state liquor license as a resort as defined under RSMo 311.095, and all requirements of RSMo 311.095, as amended from time to time, for obtaining a resort license are hereby incorporated within the provisions of this section.
  • New resorts.
    • Upon application as required by this chapter and receipt of a city license it shall be lawful for a new resort having been in operation for less than ninety (90) days to sell intoxicating liquor at retail for consumption on the premises for a period not to exceed ninety (90) days.
    • In order for a new resort to qualify for a city license, it must, in addition to the requirements of this chapter, satisfy all state requirements for a temporary license under RSMo 311.095 (4), and all requirements of RSMo 311.095 (4), as amended from time to time, for obtaining a new resort license are hereby incorporated within the provisions of this section. Notwithstanding the provisions of this section and RSMo 311.095 (4), upon application of a holder of a new resort temporary ninety-day license, the city council may grant a second ninety-day temporary license. The holder of the original ninety-day temporary license shall apply for the second temporary license as if the second temporary license is the original temporary license and shall be subject to and abide by all provisions of this article during the application and term of the second ninety-day license.
  • Restaurant bars.
    • Upon application as required by this chapter and receipt of a city license it shall be lawful for a restaurant bar to sell intoxicating liquor by the drink at retail for consumption on the premises.
    • In order for a restaurant bar to qualify for a city license, it must, in addition to the requirements of this chapter, satisfy all state requirements for a license to do business and hold a state liquor license as a restaurant bar, as defined under RSMo 311.097. All requirements of RSMo 311.097, as amended from time to time, for obtaining a restaurant bar license are hereby incorporated within the provision of this section.
  • New restaurant bars.
    • Upon application as required by this chapter and receipt of a city license it shall be lawful for a new restaurant bar to sell intoxicating liquor by the drink at retail for consumption on the premises for a period not to exceed ninety (90) days.
    • In order for a new restaurant bar to qualify for a city license, it must in addition to the requirements of this chapter, satisfy all state requirements for a license to do business and hold a state liquor license as a new restaurant bar, as defined under RSMo 311.097 (3). All requirements of RSMo 311.097 (3), as amended from time to time, for obtaining a new restaurant bar temporary license are hereby incorporated within the provisions of this section. Notwithstanding the provisions of this section and RSMo 311.097 (3), upon application of a holder of a new restaurant temporary ninety-day license, the city council may grant a second new restaurant ninety-day temporary license. The holder of the original ninety-day temporary license shall apply for the second ninety-day temporary license as if the second temporary license is the original temporary license and shall be subject to and abide by all provisions of this article during the application and term of the second ninety-day license.

(1) Upon application as required by this chapter and receipt of a city license it shall be lawful for a tavern to sell malt liquor by the drink or light wine for consumption on the premises, but it shall not be lawful for the tavern to sell intoxicating liquor by the drink. If indicated in the application, an applicant may apply for a malt liquor only tavern license. In such cases, the license holder may not sell light wine for consumption on the premises.

  • Temporary location for liquor by the drink and caterers license. (1) The city clerk shall, upon approval of the city council, issue a temporary permit to caterers who hold licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this chapter, or to persons operating a catering business who hold a license to sell intoxicating liquor by the drink at retail for consumption on their premises issued by another municipality or county government, who furnish provisions and service for use at a particular function, occasion or event at a particular location other than their primary business location whether licensed under this chapter or not, but not including a “festival” as defined in chapter 316 RSMo. The temporary permit shall be effective for a period not to exceed one-hundred twenty (120) consecutive hours, and shall authorize the service of alcoholic beverages at such function, occasion or event during the otherwise lawful hours for service of alcoholic beverage.
    • All other applicable provisions of state law and municipal ordinance shall apply to the use of any temporary permit hereunder. Such a temporary permit shall not include the sale of packaged alcoholic beverages, except as set forth in subsection four below.
    • No temporary license hereunder or caterer’s privilege hereunder may be used at any location that has otherwise been issued a liquor license under this chapter.
    • A temporary license may be issued hereunder to persons operating a micro-brewery as that term is defined by 311.195 RSMo, and as amended, or to persons selling light wine, for sale of malt liquor and light wine in the original package for consumption off premises pursuant to all other requirements of sections one through three above so long as they otherwise hold a valid state license to sell the same in the original package.

50.140    Sale of liquor by the drink on Sunday.

(a)  Upon application as required by this chapter and receipt of a city license it shall be lawful for a city licensed restaurant bar, new restaurant bar, amusement place or new amusement place to sell intoxicating liquor by the drink on Sunday, between the hours of 9:00 a.m. and Midnight.           (b)  In order for a restaurant bar or new restaurant to qualify under this section, it must, in addition to the requirements of this chapter, satisfy all state requirements for a license to do business and hold a liquor license as a restaurant bar or new restaurant bar, as defined under RSMo 311.097, and must operate a restaurant as defined in this chapter. All requirements of RSMo 311.097, for obtaining a restaurant bar license are hereby incorporated within the provisions of this section.

(c)  In order for an amusement place or new restaurant place to qualify under this section, it must, in addition to the requirements of this chapter, satisfy all state requirements for a license to do business and hold a liquor license as an amusement place or new amusement place, as defined under RSMo 311.098, and all requirements of RSMo 311.098, for obtaining an amusement place license are hereby incorporated within the provisions of this section.           (d)  Any tavern holding a license to sell only malt liquor and nonintoxicating beer may operate between the hours of 9:00 a.m. Sunday and midnight.

50.150.   Same-Sales of malt liquor by certain organizations.

  • Notwithstanding any other provisions of this chapter, a permit for the sale of malt liquor or light wine, for consumption on premises where sold, may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such malt liquor or light wine at a picnic, bazaar, fair or similar gathering. Such permit shall be issued only once a year for the day named therein and it shall not authorize the sale of malt liquor for more than seven (7) days by an organization in any fiscal year.
  • Notwithstanding any other provisions of this chapter, any person who possesses the qualification required by this chapter, and who now or hereafter meets the requirements of the ordinances, rules and regulations of the city, may apply for, and with the approval of the city council, the city clerk shall issue a license to sell intoxicating liquor by the drink at retail for consumption on the premises to any charitable, fraternal, religious, service or veterans’ organization which has obtained an 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 of 1954, as amended.

  • Notwithstanding any other provisions of this chapter, any person who possesses the qualification required by this chapter, and who now or hereafter meets the requirements of the ordinances, rules and regulations of the city, may apply for, and with the approval of the city council, the city clerk shall issue a license to sell intoxicating liquor between the hours of 12:00 noon on Sunday and midnight or Sunday by the drink at retail for consumption on the premises to any charitable, fraternal, religious, service or veterans’ organization which has obtained an 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 of 1954, as amended.

50.160.   Qualifications for license.

  • No person shall be granted a license under this article, unless such person is of good moral character and a qualified legal voter and taxpaying citizen of a county, city, town or village of this state, nor shall any corporation or other entity be granted a license hereunder unless the managing officers of such corporation are of good moral character and qualified legal voters and taxpaying citizens of a county, city, town or village of this state.
  • No person shall be granted a license hereunder whose license as such dealer has been revoked or who has been convicted, since the ratification of the twenty-first (21st) amendment to the Constitution of the United States, of a violation of the provisions of any law applicable to the manufacture or sale of intoxicating liquor or non-intoxicating liquor, or who employs in his business as such dealer, any person whose license has been revoked and who has been convicted of violating such law since the date aforesaid.

50.170.   Application; investigation.

  • An application for a license or permit under this article shall be made to the city clerk who shall by regulation require all applicants for such licenses to file written statements, under oath, containing information reasonably required to administer this article.
  • The completed application shall be signed under oath and shall be presented to the city clerk. The application shall be accompanied by the fee charge as provided for in this article.
  • The application for a renewal or the change of a current license holder’s license or permit shall be subject to all of the same requirements of this chapter as if the application was for an original license.
  • 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 clerk shall send a copy of the application to each of the following:

  1. The chief of the police department who shall ensure that a full background check regarding the applicant is conducted.
  2. 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 compliance with applicable city building requirements.
  3. The chief of the fire department, who shall inspect, or designate a representative to inspect, the proposed location for which the license or permit is being applied for the purpose of ensuring the location does not contain any fire hazards.
  • The city clerk shall require proof from the applicant that the applicant has no delinquent real property taxes, personal property taxes, or state or local sales taxes. The city clerk shall also require proof from the applicant that the applicant is a registered voter in a county within the State of Missouri. All applicants which are corporations must provide the city clerk a current certificate of good standing from the Missouri Secretary of State’s Office. The city clerk shall also require, when applicable, proof of food and beverage sales by month, hours of operation and any other information required to administer this chapter.
  • Upon completing their individual investigations, the police department, building inspector and fire department shall file their reports with the city clerk, who shall then file all of the reports, application and information submitted by the applicant with the city council for consideration. (4) The city council, shall conduct any other investigation necessary to insure that the applicant meets all requirements for the license sought. This may include disclosure of any or all documents required by the State of Missouri Division of Liquor Control to be maintained by the applicant including pre-numbered guest checks, cash register tapes, bank statement, and canceled checks, and invoices for food and intoxicating beverage purchases.

50.180.   Sale of intoxicating liquor in original package for off-premises consumption.

  • No license shall be issued for the sale of intoxicating liquor in the original package, not to be consumed upon the premises where sold, except to a person engaged in, and to be used in connection with, the operation of one (1) or more of the following businesses:
    • A drugstore;
    • A cigar and tobacco store;
    • A grocery store;
    • A general merchandise store;
    • A confectionery or delicatessen store; not to any such

person who does not have or keep in his store a stock of goods having a value according to invoices of at least one thousand dollars ($1,000.00), exclusive of fixtures and intoxicating liquors.

  • Under this license, no intoxicating liquor shall be consumed on the premises where sold, nor shall any original package be opened on the premises of the vendor, except as otherwise provided by law.
  • Sales of intoxicating liquor in the original package for off premises consumption are hereby permitted on Sunday. Said license or permit shall be secured under the same rules, requirements and conditions as all other alcoholic beverage licenses. No additional license shall be required for Sunday sales of malt liquor and non-intoxicating beer for consumption off premises and in the original package holding a license to sell only malt liquor and nonintoxicating beer in the original package for consumption off premises.

50.190.   Fees.

The fees required and imposed under this article shall be as follows:

  • New amusement place:
    1. Temporary 90-day $ 112.50
    2. Temporary Sunday 90-day $  00
  • Amusement place:
    1. Liquor by the drink $ 450.00
    2. Liquor by the drink on Sunday $ 300.00
    3. Malt liquor, light wine, and non-intoxicating beer             $  00           (3)  New resort:
    4. Temporary 90-day: $ 112.50

(4)  Resort:

  1. Liquor by the drink             $ 450.00
  2. Liquor by the drink on Sunday $ 450.00
  3. Malt liquor, light wine and

non-intoxicating beer                 $  75.00           (5)  New restaurant bar:

  1. Temporary 90-day $ 112.50
  2. Temporary Sunday 90-day $  00

(6)  Restaurant bar:

  1. Liquor by the drink $ 450.00
  2. Liquor by the drink on Sunday $ 300.00
  3. Malt liquor, light wine and

non-intoxicating beer                 $  75.00           (7)  Tavern:

  1. Malt liquor, light wine and

non-intoxicating beer                 $  75.00

  1. Malt liquor and non-intoxicating

beer only                             $  75.00           (8)  Civic/not for profit organizations:

  1. Liquor by the drink $ 450.00
  2. Liquor by the drink on Sunday $ 300.00
  3. Malt-liquor, light wine and

non-intoxicating beer                 $  75.00           (9)  Package sales:

  1. Malt liquor, light wine and

non-intoxicating beer                 $  75.00                b. Intoxicating liquor                     $  75.00

  1. Sunday Sales of intoxicating liquor $ 300.00
  2. Malt liquor and non-intoxicating

beer only                             $  75.00          (10)  Picnic liquor license                      $  15.00

(11)  Temporary Caterers license                 $  15.00      50.200.   Allocation of fees and refunds.

Fifty (50) percent of all fees required under this chapter shall be for the processing of the application and the remaining fifty (50) percent of the fees shall be for the issuance of the license. In the event the city denies a license for any reason then the application shall be entitled to a fifty (50) percent refund of the fees the applicant has paid. No licensee shall be entitled to a refund if a license is suspended, terminated or placed on probation by the city under the provisions of this chapter or if the licensee voluntarily discontinues operation under the license.

50.210.   Standards for issuance.

  • If otherwise qualified, an applicant shall be entitled to a preference to have a license issued when the applicant is acquiring the ownership and control of a business presently holding a liquor license and that business is surrendering its license.
  • Consideration shall also be given to applicants for licenses and permits on the basis of:
    • The date and time the application is received by the city clerk;
    • The qualifications of the applicant.
    • The location and type of operation proposed.
    • All other requirements of this chapter.

50.220.   Application approval.

Upon completion of the investigation of an application under this Article, if the city council, shall find that the applicant meets all of the requirements and qualifications of this Chapter, they shall approve such application and forward the same to the city clerk.

50.230.   Issuance; term

On approval of an application for a license or permit under this article by the city council and payment of the appropriate fee provided in section 50.200, the city clerk shall issue the applicant a license to conduct business in the city for a term to expire with the thirtieth day of June next succeeding the date of such license. Of the fee to be paid for any such license, the applicant shall as many twelfths as there are months, part of a month counted as a month, remaining from the date of the license to the next succeeding July 1st.

50.240.   Place of sale.

No person shall sell intoxicating liquor or non-intoxicating beer in any other place than that designated in the license or permit, except as set forth in section 50.130 (h).

50.250.   Transfer or assignment of licenses prohibited; exception.           (a)  No license issued under this article shall be transferable or assignable except as provided in this section. In the event of the death of the licensee, the widow or widower, or the next of kin of the deceased who shall meet the other requirements of this chapter, may make application and the city clerk may transfer the license to permit the operation of the business of the deceased for the remainder of the period for which a license fee has been paid by the deceased.

(b)  Whenever one (1) or more members of a partnership withdraws from the partnership, the city clerk; upon being requested, shall permit the remaining partner originally licensed to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.

50.260.   Suspension, revocation of licenses.

  • The Mayor 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 Article.

(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 at all times kept an orderly place; or

  • If the licensee has pleaded guilty or been found guilty of any violation of any provisions of Chapter 50 of the Code of Ordinances of the

City of Holden, Missouri, relating to alcoholic beverages; or

  • If the licensee has violated any of the provisions of the State Liquor Control Law or its regulations as codified in the code of State

Regulations of the State of Missouri, or the Code of Ordinances of the City of Holden; or

  • For any other good cause shown, then in any such event, the Mayor or his designee shall hold a hearing in the manner provided in this section to ascertain all facts in the matter.
  • 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. 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 licensed premises.
  • In any instance in this section wherein a hearing is required, the Mayor 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.
  • 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 Mayor or his designee may receive evidence relevant to the issues from any source.
  • The Mayor or his designee shall issue written findings of fact and conclusions of law and an order. The Mayor or his designee may suspend the license for a period not to exceed ninety (90) days, or revoke the license issued hereunder. The order shall be served upon the licensee in person or by certified mail sent to the licensee’s last known address.
  • Any licensee, managing officer, or owner whose city liquor license is suspended or revoked under the provisions of this chapter shall not be granted another city liquor license during the period of suspension or revocation.
  • Any proceeding hereunder may be commenced within three (3) years of the events alleged to have taken place, and any action taken may be imposed upon any subsequent license held by the licensee on the licensed premises in question.

50.270.   Posting of notices.

(a)  All establishments holding a liquor license under this chapter shall post, on a form provided by the City, within five (5) feet of the entrance to the establishment and in a place immediately viewable from the entrance to the establishment, a notice to the public of the age restriction applicable to the establishment under section 50.120.      50.280.   Maximum number of licensed establishments.

There shall be a maximum of three establishments in the City of Holden licensed to sell malt liquor or light wine by the drink. There shall be a maximum of three establishments licensed in the City of Holden to sell intoxicating liquor by the drink.

Chapter 51 – Junk Yards and Junk Autos

Chapter 51—Junk Yards and Junk Autos

Subchapter A—Junk and Salvage Yards

51.010.   Subchapter definitions. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this subchapter:

  1. “Junk” means any old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, rags, fibers, or fabrics; old rubber; old bottles or other glass; bones; wastepaper and other waste or discarded material which might be prepared to be used again in some form; and any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but “junk” shall not include materials or objects held and used by a manufacturer as an integral part of his own manufacturing processes.
  2. “Junkyard” shall mean a yard, lot, or place, covered or uncovered, outdoors or in an enclosed building, containing junk as defined above, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity.
  3. “Junk dealer” shall mean a person who operates a junkyard, as defined above, within the City and who has ten or more inoperable motor vehicles.
  4. “Itinerant junk dealer” shall mean an individual (natural person) who buys, sells, collects, or delivers junk within the City as a business or employment within the City, but who is not an operator of a junkyard within the City or an employee of such an operator.
  5. “Business premises” or “premises” shall mean the area of a junkyard as described in a junk dealer’s license or application for license, as provided for in this subchapter.

51.020.   License required. It shall be unlawful for any person to act as a junk dealer or itinerant junk dealer in the City of Holden, whether personally, by agents or employees, singly, or along with some other business or enterprise, without first having obtained a license therefore from the city clerk in accordance with the provisions of this subchapter.

51.030.   Application. An applicant for license under this Chapter shall file with the city clerk a written application upon forms provided by the city clerk, and pay a fee as hereinafter prescribed.

  1.   Said application shall include the junk dealer or itinerant junk dealer’s name, residence address, and telephone number of applicant; the exact address or location of the place where the business is or is proposed to be carried on; and such other information as the city clerk may reasonably require.

51.040.   License fee. The fees for licenses required under this Chapter shall be One Hundred Dollars (100.00).

51.050.   Investigation; approval and issuance of license. Upon receipt of an application for a junk dealer’s license as provided for herein, the chief of police shall cause an investigation to be made of the applicant’s business responsibility and moral character.

  1. If the findings of said investigation are favorable to the

applicant, the city clerk shall within thirty days after the filing of the application and payment of the fee, issue a junk dealer’s license to the applicant.

51.060.   License not transferable. No license issued under this subchapter shall be transferred or assigned or used in any way by any person other than the one to whom it was issued.

51.070.   Duration; proration and refund of fees. All licenses issued under the provisions of this Chapter shall expire on the thirtieth day of June following the issuance thereof. For a partial year license, the fee shall be prorated quarterly. No license fee shall be returned to the holder upon sale, transfer or dissolution of the business for which the license was issued.

51.080.   General operating requirements. The following general operating requirements shall apply to all junk dealers licensed in accordance with the provisions of this Chapter:

  1. The license issued pursuant to this Chapter shall be plainly displayed on the business premises.
  2. The junkyard, together with things kept therein, shall at all times be maintained in a sanitary condition.
  3. No space not covered by the license shall be used in the licensed business.
  4. No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes.
  5. Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four inches.
  6. No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises; nor shall any refuse of any kind be kept on the premises, unless such refuse is junk as described herein and is in use in the licenses business.
  7. No junk shall be allowed to rest upon or protrude over any public property, street, alley, walkway, or curb or become scattered or blown off the business premises.
  8. Junk shall be stored in piles not exceeding ten feet in height and shall be arranged so as to permit easy access to all such junk for fire-fighting purposes.
  9. No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard.
  10. Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises.
  11. No junk or other material shall be burned on the premises in any incinerator not meeting the approval of the chief of the fire department, which approval shall not be unreasonable denied.
  12. No noisy processing of junk or other noisy activity shall be carried on in connection with the licensed business on Sunday, Christmas, Thanksgiving, or at any time between the hours of 6:00 p.m. and 7:00 a.m.
  13. The area on the premises where junk is kept (other than indoors) shall be enclosed, except for entrances and exits, with a solid vertical wall or fence of a minimum height of eight (8) feet measured from ground level. Entrances and exits shall not be wider or more numerous than reasonable necessary for the conduct of the licensed business.

51.090.   Nonconforming junkyards. All junkyards in violation of this Chapter are hereby declared to be public nuisances. However, to allow flexibility and prevent undue hardship, the City Council may consent to a schedule by which nonconforming junkyards existing as of January 19, 1985, are brought in compliance within 2 years with one quarter of the work required for compliance done each six months.

Subchapter B—Junk Autos

51.500.   Subchapter definitions. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this subchapter:

  1. “Junk” shall have the same meaning as defined in Section 51.010 (1) of this Code.
  2. “Vehicle” is any machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides, including but not limited to automobiles, trucks, trailers, motorcycles, tractors, buggies, and wagons, or any part thereof.
  3. (ORD # 06-02) “Inoperable Vehicle” is any vehicle that has been inoperable for more than 72 hours or is in such a state of repair to be inoperable. For the purposes of this Chapter, a vehicle is inoperable if it cannot start and move under its own power. An Inoperable Vehicle shall not include:
    1. Vehicles on the premises of a duly licensed automobile repair business so long as such vehicle is located on the property for purposes of being repaired, and so long as such vehicle has not been on the property for a period of over 120 days;
    2. Vehicles which are completely enclosed within a locked building or locked fence area and not visible from adjacent public or private property;
    3. Vehicles for which the owner has provided proof that an insurance claim is pending, so long as the pending claim has not exceeded 4 months in duration; or
    4. Vehicles upon the property of a business licensed as salvage, junk dealer, towing or storage facility, so long as the business is operated in compliance with its business license and the property is in compliance with applicable zoning ordinances.

51.510.   (ORD # 06-02) Inoperable Vehicles are nuisances. The storage of Inoperable Vehicles is a nuisance. Except as otherwise provided herein, it is unlawful to possess, store, or maintain an Inoperable Vehicle within the city of Holden after being given written notice by the City to abate the nuisance caused by the Inoperable Vehicle.

(ORD # 06-02) 51.515. Presumptions. Any of the following criteria shall give rise to a presumption that a vehicle is in Inoperable Vehicle pursuant to the terms of this Chapter:

  1. Any vehicle that is not properly registered with the

State of Missouri or another state;

  1. Any vehicle that has remained in one location for a sufficient period that the vegetation under the vehicle is dead, missing, or is in a substantially different condition than the vegetation surrounding the vehicle.
  2. Any vehicle that has remained in one location for a sufficient period that there is grass or weeds grown up around the edges of the vehicle more than one foot in height;
  3. Any vehicle which does not appear to have been moved for

72 hours that has a flat tire;

  1. Any vehicle that has more than one flat tire;
  2. Any vehicle that does not appear to have been moved for

72 hours that has one wheel removed;

  1. Any vehicle that has more than one wheel removed;
  2. Any vehicle that does not appear to have been moved for 72 hours and is missing its hood or trunk lid, or has a hood or trunk lid that will not latch;
  3. Any vehicle that does not appear to have been moved for 72 hours that has a broken window, has an open window, or has a window that will not close;
  4. Any vehicle that does not appear to have been moved for

72 hours which stores junk or trash;

  1. Any vehicle that does not appear to have been moved for

72 hours which does not contain a battery;

  1. Any vehicle that does not appear to have been moved for

72 hours which has a broken headlight or taillight;

  1. Any vehicle that does not appear to have been moved for

72 hours which does not have an engine;

  1. Any vehicle on private property upon which a written notice has been left on the vehicle pursuant to Sect. 51.540 for at least 72 hours and that does not appear to have been moved after the notice was posted, and has not been shown to the City’s code enforcement officer or Chief of Police to be an operable vehicle capable of starting and moving under its own power;
  2. Any vehicle located on public property upon which a written notice has been left on the vehicle pursuant to Sect. 51.540 for at least 48 hours and which does not appear to have been moved after the notice was posted;
  3. Any vehicle which does not appear to have been moved for

72 hours which leaks oil or gasoline;

  1. Any vehicle which does not appear to have been moved for

72 hours and which is missing one or more of its doors;

  1. Any vehicle that does not have license plates or temporary tags, or any vehicle that has license plates that have been expired for more than 60 days.

This presumption can be rebutted by the owner or custodian of the vehicle showing the City’s Code Enforcement Officer or other person designated by the

City that the vehicle will start and can be moved under its own power.

51.520.   (ORD # 06-02) Certain other vehicles are nuisances.  Any vehicle or part thereof which presents a hazard to children; harbors tall grass, weeks, or other vegetation; creates a fire hazard; or affords a breeding place or nesting place for mosquitoes, rodents, flies, rats, or other vermin is a nuisance. Possessing, maintaining, or storing any such vehicle within the City of Holden in violation of this Chapter after being given written notice that the vehicle is a nuisance as provided in this Section is unlawful. The provisions of this section shall not apply to the following vehicles:

  1. Vehicles on the premises of a duly licensed automobile repair business so long as such vehicle is located on the property for purposes of being repaired, and so long as such vehicle has not been on the property for a period of over 120 days;
  2. Vehicles which are completely enclosed within a locked building or locked fence area and not visible from adjacent public or private property;
  3. Vehicles for which the owner has provided proof that an insurance claim is pending, so long as the pending claim has not exceeded 4 months in duration; or
  4. Vehicles upon the property of a business licensed as salvage, junk dealer, towing or storage facility, so long as the business is operated in compliance with its business license and the property is in compliance with applicable zoning ordinances.

51.530.   (ORD # 06-02) Notice. Whenever the City’s code enforcement officer, law enforcement officer, or other person designated by the City has determined that any vehicle is a nuisance as defined herein, he shall cause written notice to be sent to the owner of the vehicle if such person can reasonably be determined and located, or if not, the person in custody or possession of the vehicle or the person upon whose property the vehicle is situated. Such written notice shall be hand-delivered or sent by registered mail to the person’s last known address. The notice shall state that the vehicle is an Inoperable Vehicle or that it is otherwise a nuisance as set forth in this Chapter, and shall briefly state what facts bring the vehicle within the provisions of this Chapter. The notice shall instruct the person to abate the nuisance within a designated time, not less than 48 hours. Failing to timely abate the nuisance after being given written notice as provided for in this Section is unlawful.

51.540.   (ORD # 06-02) Proceedings when owner or custodian cannot be located. Whenever the owner or custodian of a vehicle, or the owner of the land upon which the vehicle is found, cannot be located after using reasonable effort, the written notice shall be placed conspicuously upon the vehicle and shall indicate that if the nuisance is not abated within the time frame designated in the notice, the City will abate the nuisance, or criminal citations will be issued to the owner or custodian of the vehicle. The notice shall contain the date and time the notice was posted as well as the name of the officer or agent of the City responsible for issuing the notice. If notice is provided as set forth in this Section, abatement by the City shall not take place for at least 7 days if the vehicle is located on private property and shall not take place for at least 2 days if the vehicle is located on public property.

51.550.   Duty of the owner or custodian. Any person receiving the notice provided for above shall comply with the provisions of the notice requiring abatement.

51.560.   Disposition. If not removed within the times specified in the notice (provided for by Sections 51.530 and 51.540), the vehicle or junk shall be transported to a storage area by or at the direction of the chief of police or his duly authorized representative at the expense of the owner or person in custody thereof. It shall then be stored for a period of at least 90 days, and the person entitled to possession thereof may sell it to the highest bidder or, if it has no sale value, may redeem the property by payment to the City of the actual cost of its removal and a reasonable storage fee of $1.00 per day. If the vehicle or junk is unredeemed after the expiration of the 90-day period, the chief of police may sell it to the highest bidder or, if it has no sale value, may otherwise dispose of it. Any  money received from disposal of any vehicle or junk shall be applied to the expenses charged to the owner or person in charge thereof, and any excess held in escrow or returned to him. After another 90-day period, if the excess be unclaimed, it shall be paid over to the general fund of the City.

51.570.   Notice of sale. Prior to the sale of any such property, the chief of police shall cause to be posted in the city hall, place of storage and at least one other public place in the City, a notice of sale stating:

  1. that the City is selling abandoned property
  2. the color, make, year, motor number, and serial number, if available, and any other information necessary for an accurate identification of the property
  3. the terms of the sale
  4. the date, time and place of the sale.

This notice shall be published not less than ten nor more than twenty days prior to the date of the sale.

51.580.   Entry onto private property. The chief of police or his duly authorized representative may enter upon private property for inspection or for the purpose of removing any vehicle or junk in accordance with this Chapter. If any person refuses to allow entry onto his private property, the chief of

police may obtain a warrant from the proper official and proceed in accordance therewith.

Chapter 52 – Peddlers and Solicitors

Chapter 52—Peddlers and Solicitor

52.010    Purpose.  This Chapter is designed to:

  1. prevent undue annoyance of city residents by peddlers and solicitors,
  2. maximize the first amendment rights of peddlers and solicitors, as well as the rights of city residents to be secure in their homes,
  3. reduce the opportunity for crime within the City,
  4. attempt to provide some assurance to residents of the City that peddlers and solicitors are not burglars and criminals in disguise, and   attempt to increase the physical safety of peddlers and solicitors who go from place to place within the City.

52.020.   Peddlers and solicitors, defined. For the purpose of this Chapter there shall be no difference to the rights, privileges and duties required of peddlers and solicitors, except that peddlers shall be required to pay a fee for the identification card hereinafter required.

  1. A “peddler” is one who, for profit to himself or his principal, sells any goods or service, or seeks a donation for any cause of a profit-making or commercial character.
  2. A “solicitor” is one who solicits for a charitable, political or religious purpose, even if incidental for such purpose there is the sale of some goods or service.

52.030.   Presumption. It shall be presumed that an individual is a peddler rather than a solicitor. This presumption may be overcome by:

  1. A showing that donations to the organization for which one wishes to solicit is exempt from federal income taxation under Section 503 of the Internal Revenue Code.
  2. A showing that the organization for which one wishes to solicit is an organization whose primary purpose is to influence public policy. 040.   Identification card required. No person shall engage in any act as a peddler or solicitor without first obtaining an identification card in accordance with the provisions herein. Any person who does so shall be guilty of a misdemeanor.      52.050.   Fee.
  3. Any person desiring a peddlers identification card shall pay a fee of $10.00 per card.
  4. There shall be no fee for a solicitors identification card. 060.   Application for card. Any person or organization (formal or informal) may apply for one or more identification cards by completing an application form at the office of the city clerk.

52.070.   Contents of application. The applicant shall provide the following information:

  1. Name of applicant.
  2. The number of identification cards required.
  3. A statement as to the type of cards requested.
  4. If one or more solicitors cards is requested, information required to overcome the presumption of Section 52.030 of this Chapter.
  5. If one or more peddlers cards is requested, the fee for each card as provided in Section 52.030 of this Chapter.
  6. The name, and physical description (or in lieu thereof a photograph) of each person for which a card is requested. (The chief of police is directed to obtain an instant photographic camera, and to offer to any applicant to take photographs for which a reasonable fee not to exceed $10.00 shall be charged. Instead of providing the physical description, or photograph, the applicant may exhibit a valid drivers license or similar identification for each person for whom a card is requested, and a photocopy of said identification shall be attached to said application.)
  7. The permanent and (if any) local address of the applicant.   The permanent and (if any) local addresses of each person for whom a card is requested.
  8. A brief description of the proposed activity subject to this identification card requirement.
  9. A statement as to whether or not the applicant has been convicted of any crime, and if so, the nature of the offense and the penalty imposed.
  10. A statement as to each person for whom a card is requested as to whether that individual has been convicted of any crime, and if so, the nature of the offense and the penalty imposed.
  11. The motor vehicle make, model, year, color and registration number of any vehicle which shall be used in the proposed activity.
  12. The permanent name and address of the organization or person (with respect to a solicitors card) who can provide a prospective donor with more information about the charity for which funds are solicited, and from whom information can be obtained as to the disposition of all funds collected, or

(with respect to a peddler’s card) of the individual organization to whom complaints can be made for defective merchandise, who is responsible for any breach of warranty, and from whom additional merchandise can be ordered.

  1. Name and address of person or organization which is intended to receive donations or profits.
  2. Any other information the applicant wishes to provide.

52.080.   Special requirements for peddlers card.

No person shall be issued a peddlers identification card unless, in addition to the requirements of the preceding section, until:

  1. He demonstrates that he (or in the case of an agent, his principal) has a valid retail sales license issued by the state director of revenue as required by RSMo 144.083.
  2. He, or his principal, deposits with the city clerk a bond in the amount of $100.00 (cash or surety) per card to secure collection and payment to the state department of revenue all city sales taxes due and payable by reason of sales made within this City. Said bond shall be forfeited to the City, if applicant does not (within 90 days of the expiration or surrender of his peddlers card) demonstrate by affidavit or otherwise that said sales taxes have been paid.
  3. He demonstrates either
    1. That he is a licensed itinerant vendor within the meaning of RSMo 150.380, or
    2. That he is exempt from said requirement.
    3. He demonstrates either
    4. That he has a “peddler” license from the county and state as required by RSMo 150.470, or
    5. That he is exempt from said requirement.

52.090.   Issuance of identification card. Three working days after the application, or sooner if reasonably possible, the requested identification cards shall be issued, unless:

  1. The application is incomplete (in which case the city clerk will reject the application at the time of its tender or within 15 minutes thereafter).
  2. The required fee (if any) has not been paid.
  3. The applicant has been convicted of a felony.
  4. With respect to a particular card, if the individual for whom a card is requested has been convicted of a felony.
  5. If any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
  6. If the applicant, or if the particular individual for whom an identification card is requested, has had a previous identification card revoked.
  7. If the applicant, or if a particular individual for whom an identification is requested, has made any false statement regarding the peddling of merchandise or the solicitation of persons under this Chapter of any other municipality.

52.100.   Investigation. During the period of time following the application for issuance of one or more identification cards and its issuance, the chief of police shall make diligent investigation, as to him seems necessary, to determine that the applicant is entitled to the identification as hereinabove stated. The chief of police shall cooperate with the applicant, shall inform the applicant of the progress of his investigation, and shall use due diligence in conducting his investigation. In all cases, the chief of police shall work as expeditiously as is reasonably possible to complete his investigation in a minimum amount of time. If the chief of police has not completed his investigation with the working days that is provided in Section 52.080, the identification will nonetheless be issued.

52.110.   Denial. If the city clerk denies the identification card to one or more persons he shall prepare promptly (and in no event later than two working days after the denial) a written report of the reason for his denial which shall immediately be made available to the applicant. The applicant shall be entitled to correct in writing any deficiencies so noted in the report, which corrections or changes when filed shall be treated as a new application.      52.120.   Applicant’s rights upon denial of an identification card. If an identification card is denied to an applicant, the applicant shall have the option of an immediate hearing in front of any of three tribunals at the applicant’s option. At such a hearing the city attorney on behalf of the city clerk shall be required to demonstrate by the preponderance of the evidence that the applicant is not entitled to an identification card under this Chapter. The applicant may choose to take his case before any of the following tribunals:

  1. The City Council, at its next regular meeting, or if the next regular meeting is more than 10 days from the denial of the identification card, at a special meeting to be held within that ten-day period.
  2. Before the municipal court of the City, provided that such a hearing will be scheduled within ten days of the request, or
  3. Before the circuit court of Johnson County within the regularly scheduled procedures of the circuit court.

52.130.   Hearing on applicant’s denial of identification card, procedure. If the applicant requests a hearing under Section 52.120 (1), the said hearing shall be held in accordance with the administrative procedure act of the State of Missouri, and review from the decision shall be had to the Circuit Court of Johnson County, Missouri on the record. Should applicant decide to forego the administrative hearings, the remedy will be an injunction or declaratory judgment action against the City.

52.140.   Display of identification card. Each identification card shall be (when the individual for whom it was issued is acting as a peddler or solicitor) worn on the outer clothing of the peddler or solicitor, so as to be reasonably visible to any person who might be approached by said peddler or solicitor.

52.150.   Validity of identification card. An identification card should be valid within the meaning of this Chapter for a period of twelve months from its date of issuance; thereafter, it shall expire. An applicant with an expired identification card shall be considered as having no identification card whatsoever and will be required to apply for a new card if he wishes to peddle or solicit within the City.

52.160.   Revocation of card. Any identification card granted hereunder may be revoked by the municipal court after the filing of Information by the

Prosecuting Attorney and a hearing thereon for any of the following causes:

  1. Any violation of this Chapter by applicant or the person for whom the particular card was issued.
  2. Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity.   Conviction of a felony.
  3. Conducting the activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

52.170.   General prohibitions. No person having a solicitor or peddler card shall:

  1. Enter or remain on private property where he has reason to believe that the residents thereof have indicated the solicitor or peddler is not welcome.
  2. Make an uninvited entry into a resident’s home.
  3. Refuse to discontinue his message when requested by a hearer to do so, when on private property occupied by the hearer.
  4. Enter upon any private property, knowing or having reason to believe that the owner or occupants do not desire to receive messages from any solicitor or peddler, either by a posted sign or otherwise.

52.180.   City responsibilities.

  1. Any resident of the City may list his property with the city clerk, and direct that his property is not to be entered by any solicitor or peddler. This list shall be available for public inspection. Upon the issuance of any solicitor or peddler’s license, a copy of the list shall be provided with each card. No card holder may enter the private property nor contact any person so listed. (Such listing shall continue for two years, unless listee requests sooner removal, at which time the listing shall be removed, unless the listee shall request the same be continued an additional two years.)      52.190.   Time limits. No person shall solicit or peddle within the corporate limits of this City except within the time limits prescribed in the

Section:

  1. From 9:00 a.m. until 9:00 p.m. Monday through Friday, and from 10:00 a.m. until 10:00 p.m. on Saturday and Sunday.
  2. Notwithstanding subparagraph 1 above, no person shall peddle or solicit at any time after sunset on any day unless:
    1. Is dressed in light colored or reflective clothing.
    2. Has notified the chief of police of his intention to solicit after dark.

52.200.   Special restrictions on peddlers. No person having a peddlers identification card shall peddle or solicit merchandise:

  1. At any place except within the business district of the City as defined by its zoning ordinances, or within 25 feet to any nonconforming commercial establishment.
  2. Outside of the area provided in subsection 1 above unless he has a specific oral or written invitation to approach the dwelling.
  3. This Chapter shall not apply to any person who solicits individuals on real estate in which the person or his principal has an ownership or leasehold interest.

52.210.   General penalty. Whenever in this Chapter or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Chapter or of any ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the city or county jail not exceeding ninety days or by both such fine and imprisonment; provided, that in any case wherein the penalty for an offense is fixed by a statute of the state the statutory penalty, and no other, shall be imposed for such offense, except that imprisonments may be in the city prison or workhouse instead of the county jail.

52.220.   Severability. It is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this Chapter are severable, and if any phrase, clause, sentence, paragraph or section of this Chapter shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clause, sentences, paragraphs or sections of this Chapter since the same would have been enacted by the City Council without the incorporation in this Chapter of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.

52.230.   Each day is an offense. Every day any violatin of this Chapter or of any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.

Chapter 54 – Business Licenses

Chapter 54—Business Licenses

54.010.   Required, generally. It shall be unlawful for any person to engage in any business, trade or profession listed in Section 94.270 RSMo, 1969, as amended in the City without first obtaining a license therefore. It is the intention of the City to exercise the fullest extent of its licensing power, and to require a license from any and all businesses, trades or professions that can be legally required to obtain a license. Each license shall be issued for one calendar year. Each renewal license applicant shall apply for and pay for the required license in January of each year; such license shall be delinquent in February. Each new license applicant shall apply for, pay for, and receive the required license before doing any business in the City. All licenses herein shall be issued for the calendar year, are nontransferable, and shall not be prorated on application for a partial year or upon cancellation.

54.020.(ORD. 8-88)  Failure to obtain and display License, prohibited;

Penalty: Effective date of August 1, 1988.

  1. It shall be unlawful for any person, either directly or indirectly, to conduct any business, or to use in connection therewith any vehicle, premises, machine or device for which a license or permit is required by this Chapter without the license or permit so required having been first obtained and thereafter kept in effect and displayed at all such times as required by this Chapter.
  2. Any person, real or otherwise, failing to display, as referenced in Chapter 54.190, the License referenced in Chapter 54.020 (1) shall be guilty of a general ordinance violation punishable by a Ten Dollar

($10.00) fine.

  1. Each and every business day that any person, real or otherwise, after being cited for violating Chapter 54, remains in violation of

Chapter 54, shall constitute a separate violation of Chapter 54.020 (2).

  1. The penalty provisions of this chapter shall take effect

August 1, 1988.

54.030.   Separate license required for each business; exception. For each business required by this Chapter to be licensed, a separate license shall be obtained. A person engaged in two or more businesses at the same location shall not be required to obtain a separate license for each business but, when eligible, shall be issued one license, which shall specify on its face all such businesses.

54.040.   Operating more than one business at the same location. When any person engages in two or more businesses at the same location under one license, he shall pay a license fee equal to the sum of all the fees for each business so licensed.

54.050.  When person deemed in business. Except as may be provided otherwise in this Chapter, a person shall be deemed to be in business within the meaning of this Chapter when he is selling any goods or service, soliciting business, or offering goods or service for sale or hire, or using any vehicle or premises in the City for business purposes.

54.060.  Determination of whether business, etc., covered by Chapter. The city license officer shall make initial determination whether any other particular business, activity, occupation, vocation or service shall be covered within the provisions of this Chapter. Such determination shall be reasonably made, based upon the generally accepted concept of each such activity, occupation, vocation or service, and with regard for the intention of the legislature in the enactment of Section 94.270 and other applicable sections of the Revised Statutes of Missouri. Such determination by the city license officer shall be final and binding on persons affected thereby, unless and until such determination is held unreasonable or invalid by a court of competent jurisdiction.

54.070.   Responsibility of representatives for compliance of principal, etc., with Chapter. The local agents or other representatives of nonresidents who are doing business in this City shall be personally responsible for the compliance of their principals and of the businesses and enterprises they represent with all applicable provisions of this Chapter.

54.080.   License not required for delivery of goods purchased outside City. Except as may be provided otherwise by this Chapter, no license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of this Chapter.

54.090    Fees for operating vehicle on public highways supplemental to  fees required by other provisions. Any general or special license fees for any kind of vehicle for the privilege of operating such vehicle upon the public highways shall be in addition to any other licenses, permits, insignias or fees for such vehicles otherwise required by city, state or federal law.

54.100.   (ORD. #3-89)   Schedule of fees. The following trades, professions, occupation, vocations or businesses shall not be operated, practiced, engaged in or otherwise conducted in the City, unless and until the owner, operator, manager, proprietor or practitioner thereof shall have applied for and obtained a license to operate, practice, engage in or otherwise conduct same from the City Clerk and shall have paid to the City the license tax hereinafter set forth, such license and tax therefore to be issued and paid on an annual basis, except where otherwise herein specifically provided.          1.  Fee established. License fees shall be in the following amounts: Abstract and Abstract Agencies. . . . . . . . . . . . . . . $  16.00 per year

Amusement Parks Center. . . . . . . . . . . . . . . . . . . .  25.00 per year Architects. . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Artist. . . . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Auctioneers . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  10.00 per day

Auction Stores. . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Auto Agents Dealers . . . . . . . . . . . . . . . . . . . . .  30.00 per year

Automobile Accessory Dealers. . . . . . . . . . . . . . . . .  25.00 per year

Auto Salvage. . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Auto Wrecking Shops . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Auto Garage for Repairs or Storage. . . . . . . . . . . . . .  25.00 per year Bait Shop . . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Bakeries. . . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Banks, Investment Companies . . . . . . . . . . . . . . . . . 100.00 per year Barber Shops. . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Beauty Parlors. . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Billiard Tables . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Blacksmith & Machine Shop . . . . . . . . . . . . . . . . . .  25.00 per year Bowling Alleys. . . . . . . . . . . . . . . . . . . . . . . .  50.00 per year

Bottling Works. . . . . . . . . . . . . . . . . . . . . . . .  60.00 per year

Boxing Exhibition and Wrestling . . . . . . . . . . . . . . .  50.00 per year Brokers, Real Estate & Insurance Agent. . . . . . . . . . . .  25.00 per year

Carnivals . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00 per year  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  50.00 per day .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 per week Circus. . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00 per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  50.00 per day   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 per week

Cleaning, Pressing, Laundromat(any combination) . . . . . . .  25.00 per year

Coal Dealers. . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Collection Agencies . . . . . . . . . . . . . . . . . . . . .  30.00 per year Contractors, General. . . . . . . . . . . . . . . . . . . . .  35.00 per year

Air Conditioner Contractor. . . . . . . . . . . . . . . . . .  25.00 per year

Cabinet Maker Contractor. . . . . . . . . . . . . . . . . . .  25.00 per year Carpenter Contractor. . . . . . . . . . . . . . . . . . . . .  25.00 per year Carpet Layer Contractor . . . . . . . . . . . . . . . . . . .  25.00 per year

Concrete Forms & Accessories Contractor . . . . . . . . . . .  25.00 per year Concrete Products Contractor. . . . . . . . . . . . . . . . .  25.00 per year Concrete Equipment & Supplies Contractor. . . . . . . . . . .  25.00 per year

Concrete Mixer Contractors. . . . . . . . . . . . . . . . . .  25.00 per year

Delivery Trucks, Dealers in Candy, Pastries, Tobacco, Cheese,                              Meat, and all other foods and manufactured products, pop                      trucks, milk. . . . . . . . . . . . . . . . . . . . . . . . .  20.00 per year Drug Stores . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Dry Wall Contractors. . . . . . . . . . . . . . . . . . . . .  25.00 per year

Electric Appliances, Major Repairing Contractors. . . . . . .  25.00 per year Electric Contractors. . . . . . . . . . . . . . . . . . . . .  25.00 per year Electric Equipment, Service, Repairs, Supplies. . . . . . . .  25.00 per year

Elevator, seed and Grain, Seed Cleaners or any combination. .  50.00 per year Excavating Contractors. . . . . . . . . . . . . . . . . . . .  25.00 per year Exterminators . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Farm Implement Dealers. . . . . . . . . . . . . . . . . . . .  30.00 per year

Florists. . . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Foundries (Mfg) . . . . . . . . . . . . . . . . . . . . . . .  60.00 per year Furnace, Heating, Sales, Repair, Contractors. . . . . . . . .  25.00 per year

Gas, Liquefied Petroleum, Bottled & Bulk. . . . . . . . . . .  25.00 per year Gasoline & Oil Wholesale. . . . . . . . . . . . . . . . . . .  50.00 per year Gasoline & Oil, Retail. . . . . . . . . . . . . . . . . . . .  25.00 per year

Grading Contractors . . . . . . . . . . . . . . . . . . . . .  25.00 per year Grocery Without Meat Market . . . . . . . . . . . . . . . . .  30.00 per year Grocery with Meat Market. . . . . . . . . . . . . . . . . . .  30.00 per year

Gutters and Downspouts Contractors. . . . . . . . . . . . . .  25.00 per year Hotel . . . . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year House Movers. . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Ice Cream Stands & Vendors. . . . . . . . . . . . . . . . . .  20.00 per year

Insulation Contractors (Cold & Heat). . . . . . . . . . . . .  25.00 per year Jewelers. . . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Job Printing Plant. . . . . . . . . . . . . . . . . . . . . .  25.00 per year Light & Power Plants. . . . . . . . . . . . . . . . . . . . .  80.00 per year Loan Companies and Agents . . . . . . . . . . . . . . . . . . 100.00 per year

Lumber Dealers. . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Lunch Stands, Counter & Wagons. . . . . . . . . . . . . . . .  20.00 per year Mason Contractors, Brick, Block, Stone. . . . . . . . . . . .  25.00 per year

Manufacturing Co.& Institutions N/O listed. . . . . . . . . .  60.00 per year Mercantile Agent. . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Merchants Delivery Companies. . . . . . . . . . . . . . . . .  25.00 per year

Merchants Dealing in Clothing, Furnishing, Shoes, Dry Goods,

Rubber Goods, Hardware, Implements, Electrical Goods,

Appliances and any or all of them, New or used Furniture. . .  25.00 per year

Merchants Dealing in Gas, Water, Steam or Electrical

Fixtures. . . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Miniature Golf Courses. . . . . . . . . . . . . . . . . . . .  30.00 per year Monument Dealers. . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Motion Picture Theater. . . . . . . . . . . . . . . . . . . .  25.00 per year Muscle Developers . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Museums . . . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Newspaper Office. . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Novelty or Notion Store . . . . . . . . . . . . . . . . . . .  25.00 per year Nursery Stock Agents. . . . . . . . . . . . . . . . . . . . .  25.00 per year Packing Plants & Butchers, Retail . . . . . . . . . . . . . .  25.00 per year Painting Contractors. . . . . . . . . . . . . . . . . . . . .  25.00 per year Patent Rights Dealers . . . . . . . . . . . . . . . . . . . .  25.00 per year

Paving Contractors. . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Pawnbrokers . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Peanut & Popcorn Stands . . . . . . . . . . . . . . . . . . .  20.00 per year Piano or Organ Dealers or Agents. . . . . . . . . . . . . . .  25.00 per year

Plumbing Contractors. . . . . . . . . . . . . . . . . . . . .  25.00 per year Produce and Poultry Dealers . . . . . . . . . . . . . . . . .  25.00 per year Propane or Bottled Gas, Retail. . . . . . . . . . . . . . . .  25.00 per year

Public Scales . . . . . . . . . . . . . . . . . . . . . . . .  20.00 per year Radio & TV Repair . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Rest Homes or Nursing Homes . . . . . . . . . . . . . . . . .  25.00 per year

Restaurants . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Roofing Contractors . . . . . . . . . . . . . . . . . . . . .  25.00 per year Rooming Houses. . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Sales & Feed Barns. . . . . . . . . . . . . . . . . . . . . .  40.00 per year

Sanitariums & Hospital. . . . . . . . . . . . . . . . . . . .  25.00 per year Septic Tanks, Cleaning & Sales, Repairs Contractors . . . . .  25.00 per year Shoe Repair Shop. . . . . . . . . . . . . . . . . . . . . . .  25.00 per year

Siding Contractors. . . . . . . . . . . . . . . . . . . . . .  25.00 per year Skating Rinks . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Soft Drink Stands . . . . . . . . . . . . . . . . . . . . . .  20.00 per year

Stationery and Book Dealers . . . . . . . . . . . . . . . . .  25.00 per year

Steam Fitters . . . . . . . . . . . . . . . . . . . . . . . .  35.00 per year

Storage Warehouse . . . . . . . . . . . . . . . . . . . . . .  50.00 per year

Taxicabs and Hackman. . . . . . . . . . . . . . . . . . . . .  25.00 per year

Trailer Court . . . . . . . . . . . . . . . . . . . . . . . .  50.00 per year Trash Service . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Tree Service. . . . . . . . . . . . . . . . . . . . . . . . .  35.00 per year Trucking. . . . . . . . . . . . . . . . . . . . . . . . . . .  25.00 per year Undertakers & Embalmers . . . . . . . . . . . . . . . . . . .  30.00 per year Water Well Drilling Contractors & Service Pumps, Etc. . . . .  25.00 per year Waterproofing Contractors . . . . . . . . . . . . . . . . . .  25.00 per year      54.110.   City license officer; city clerk designated; duties, generally. The city clerk shall be the city license officer and shall issue in the name of the City all licenses and permits required by this Chapter to all qualified applicants therefore, when all required taxes and fees have been paid, in accordance with the provisions of this Chapter. (ORD # 13-09) No license shall be issued to any applicant under the Chapter until all sales taxes, real and personal property taxes, utility fees, permit fees, inspection fees, or other financial obligations to the City which are due and are delinquent are paid and satisfied; provided that this requirement shall not apply to any obligation which is contested by the applicant in good faith and resolution of which is being diligently pursued by such applicant. Each applicant shall provide a “no tax due: statement from the State of Missouri pursuant to Sections 144.010 to 144.510 RSMo and a current paid statement of income taxes pursuant to Sections

143.101 to 143.261 RSMo. Each applicant shall provide such documentation or certifications as the City Clerk may require to assure compliance with this

Subsection.

54.120.   Same, promulgation of rules and regulations; additional duties. The city license officer shall adopt and promulgate such rules and regulations as he may consider desirable for the administration of this Chapter. When approved by the mayor, such rules and regulations shall be placed on file in the office of the city license officer for inspection and use by the public, and the provisions thereof shall be enforced by him. The city license officer shall investigate and determine the eligibility of any applicant for a license or a renewal, examine the books and records of any applicant when reasonable necessary to the administration or enforcement, and notify any applicant of the acceptance or rejection of his application and, upon refusal, state in writing the reasons therefore, and deliver such notice to the applicant.

54.130.   Taxes and fees to be paid to city collector; issuance of receipt. Taxes and fees required by this Chapter to be paid by any person shall be payable to the city collector, who shall issue a proper receipt to each person making any such payment.

54.140.   Application; original license. Every person required to have a license shall submit an application to the city license officer by a written statement upon forms provided by the city license officer, which shall disclose all information which the city license officer shall find to be reasonably necessary to the fair administration of this Chapter, and which shall be accompanied by a receipt from the city collector for the full amount of the fees chargeable for such license, which receipt shall not be construed as approval for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to this Chapter.

54.150.   Same; renewal.  Any applicant for the renewal of a license under this Chapter shall submit an application therefore to the city license officer upon forms provided by such officer, which shall include such information which the license officer shall find to be reasonably necessary to the fair administration of this Chapter and information as to the conduct and operation of his business during the preceding licensing period.

54.160.   Same, refunds upon disapproval; engaging in business during appeal, prohibited. The city license officer shall, upon disapproving any application, direct the city collector to refund all money paid in advance; provided, the applicant is not otherwise indebted to the City. When the issuance of license is refused and any action or proceeding is brought by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused.

54.170.   Confidentiality of information. The city license officer, and all other city officers and officials who may be officially concerned with administering and enforcing this Chapter, shall keep all information furnished or secured under the authority of this Chapter in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known, except to the persons charged with the administration of this Chapter; provided, that this section shall not prohibit any city officer from testifying as to such information in compliance with a subpoena issued from a court of competent jurisdiction or from the City

Council in any proceeding before it.

54.180.   Inspection of business, books, etc.; operation of business upon revocation, expiration, etc. Each licensee under this Chapter shall permit all reasonable inspections of his business and examination of his books by the license officer and refrain from operating the licensed business after expiration of his license and during any period his license may be revoked or suspended.

54.190.   Posting or display of license. Every license under this Chapter shall post and maintain his license upon the premises in a place where it may be seen at all times. Every licensee under this Chapter who does not have licensed business premises shall carry his license on his person and shall display it to city officers having authority to enforce this Chapter and to persons with who he transacts business at their request.

54.200.   Registration of persons engaging in interstate commerce.

  1. Any canvasser, solicitor or other person who may be exempt from the application of license taxes or fees imposed by this Chapter, by reason of engaging in interstate commerce, shall, before engaging in any such canvassing or solicitation within this City, register with the city license officer on a form provided by such officer. Each registrant under this section shall on such form provide the city license officer with:
    1. His name and description.
    2. His permanent home address and full local address.
    3. A brief description of the nature of the business and goods to be sold, whether or not money is to be collected by the registrant prior to delivery or shipment of the goods sold.
    4. The name and address of his employer, together with credentials establishing the exact relationship.
    5. The length of time for which the registrant proposed to do business within the City.
    6. A photograph of the registrant taken within six months prior to the date of the filing of the registration form, which picture shall show the head and shoulders of the registrant in a clear and distinguishing manner.
    7. A statement by the registrant whether he has been convicted of any crime, misdemeanor or violation of any municipal law or ordinance, the nature of the offense and the punishment or penalty assessed therefore.
    8. The fingerprints of the registrant, who will certify as to his good character and responsibility, or, in lieu thereof, such other available evidence as to the registrant’s good character and business responsibility as will enable an investigation and proper evaluation of such character and business responsibility.
    9. A statement by the registrant that he is free of any contagious, infectious or communicable diseases.
  2. Each registrant hereunder shall pay at the time of registration the sum of ten dollars to cover the costs of the registration and the investigation of the facts stated in the registration form. The city license officer shall refer such registration to the chief of police, who shall cause such investigation to be made. Upon approval by the chief of police, the license officer shall issue to the registrant a registration certificate, which the registrant shall keep on his person at all times and on demand display to any officer of the City and any citizen who so requests it. Any registration certificate hereunder may be revoked by the city license officer for fraud or misrepresentation or false statements.

54.210.   Enforcement of Chapter; right of entry of license officer, etc. For purposes of enforcing this Chapter, the city license officer, the city administrator and the city police shall have authority to inspect and examine businesses to enforce compliance. Such persons authorized to inspect licenses shall have the authority to enter, with or without a search warrant, at all reasonable times.

54.220.   Adjustment of fee. The license officer shall:

  1. Prorated fee on voluntary retirement. Refund a proportion of the amount of fee already paid, prorated for the balance of the license period, upon notification by a licensee of his voluntary retirement from business.
  2. Prorated fee for new business. Prorate for the balance of any license period the license fee of any business commenced after the beginning of the license period.   Rebate of fee.
    1. General prohibition. Except as herein provided, no rebate or refund of any license fee or part hereof shall be made by reason of rendering the use of such license ineffective.
    2. Authorized in special cases. The license officer shall have the authority to refund a license fee or prorated portion thereof where: (1) the license fee was collected through an error
      • some particular hardship might be involved
      • the licensee has been prevented from enjoying the full license privilege due to his death, or incapacity to engage in such business
      • the licensee has entered the armed services of the United States through induction or enlistment and is thereby rendered unable to conduct such business
      • the licensed business is forced to close before the expiration of the license period by reason of the taking over of the business or licensed business.

54.230.   Miscellaneous fees. (ORD # 16-03) A special license shall be required of any party except a nonprofit organization, to hold any garage, yard, basement, patio or driveway sale. Said license shall be for $5.00 and said sale can last no longer than two days. Further, any party or location shall be allowed only one such license per month. With council approval, there may be scheduled once annually a city wide garage sale date, and no license need be obtained to participate with said city wide sale.

54.240.   (ORD # 01-08) Suspension or revocation.

  1. Any failure to comply with or any violation of any provision of this Chapter may be cause for suspension or revocation of such business license by the City Council upon public hearing before the City Council following five (5) business days notice of any violation of Chapter 54, or other City Code provision which may also be cause for suspension or revocation of such license following the same procedure. Suspension or revocation, as provided in this Section, shall be in addition to any other penalties prescribed in this Chapter.
  2. Permits and licenses issued under the provisions of this Chapter may be revoked by the City Council after notice and hearing for any of the following causes (1) fraud, misrepresentation, or false statement contained in the application for license; (2) fraud, misrepresentation, or false statement made in the course of carrying on his or her business with the City of Holden; (3) any violation of this Chapter; (4) conviction of any crime or misdemeanor involving moral turpitude; or (5) conducting of business in any unlawful manner so as to constitute a breach of the peace or menace to health, safety, or general welfare of the public.
  3. Notice of a hearing for revocation of a license shall be given in writing setting forth specifically the ground of complaint and the time and place of hearing. Said notice shall be mailed to the licensee or applicant at least five (5) days prior to the date set for hearing, and any decision shall be made by the City Council with respect to said revocation or suspension, and shall indicate the time of the Council’s action and the length of time for suspension, and shall be final. Any person or entity found guilty of violating any provisions of the Holden City Code in addition to the suspension or revocation. Section 2: Severability

If any subsection, sentence, clause, phrase, or any portion of this Ordinance is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not effect the validity of the remaining provisions hereof.      54.250 (ORD # 15-09) “Telephone Service Defined”

  1. “Telephone service” is hereby defined to include provision of cellular and wireless telephone and is hereby defined to be a public nonmunicipal utility service as contemplated under Section 54 and further “telephone service” is defined to mean the service ordinarily and popularly ascribed to it, including, without limitation, the transmission of messages and conversations through use of local, toll and wide area telephone service; private line services; land line services; cellular telephone services; and maritime and air-to-ground telephone services. Telephone service includes the transmission of information over telephone lines and other telephonic media for facsimile transfers. Telephone service does not include value added services including computer proce4ssing applications used to act on the form, content, code and protocol of the information for purposes other than transmission.                B.  A subscriber of telephone service is any individual, business, corporation or other entity who uses, or maintains for use, equipment necessary to transmit information over telephone lines. Telephone lines refers to any means of transmitting telephone messages, including, but not limited to, wire, radio transmissions, microwave and optic fiber technology.
  2. The purpose of this subsection is to clarify the telephone service as well the provision of cellular and wireless telephone services shall be included as a public non-municipal utility service and shall not limit the applications of said franchise and occupation tax under Section 54 to all other current forms of public non-municipal utility services, including, but not limited to the provision of electricity, natural gas, water and cable television services to citizens and entities of the City of Holden.

(ORD # 18-09) The City Code imposes an annual franchise and occupation tax on telephone services, including cellular and wireless telephone service and continuing the existing franchise and occupation tax in the amount of five percent (5%) on all electrical utilities, natural gas utilities, cable television services, telephone services, and other future non-municipal utilities as outlined on Ordinance 15-09, is hereby enacted and approved.

Chapter 55 – Deceptive Trade Practices

Chapter 55—Deceptive Trade Practices

55.010.   Definitions. As used in this Chapter, the following words and terms shall mean:

  1. “Advertisement” includes the attempt by publication, dissemination, solicitation or circulation to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise.
  2. “Merchandise” includes any objects, wares, goods, commodities, intangibles, real estate or services.
  3. “Sale” includes any sale, offer for sale, or attempt to sell merchandise for cash or on credit.

55.020.   Unlawful practices, exception. The act, use or employment by any person of any deception, fraud, false pretense, false promise,

misrepresentation, or the concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise, is declared to be an unlawful practice; provided, however, that:

  1. Nothing herein contained shall apply to the owner or publisher of newspapers, magazines, publications or printed matter wherein an advertisement appears, or to the owner or operator or a radio or television station which disseminates an advertisement when the owner, publisher or operator has no knowledge of the intent, design or purpose of the advertiser; and provided, further, that nothing herein contained shall apply to any advertisement which is subject to and complies with the rules and regulations of and the statutes administered by the Federal Trade Commission. That such an advertisement complies with the regulations of and the statutes administered by the Federal Trade Commission shall be a defense which must be proven by one charged with violating this Section.

55.030.   Deceptive business practices. A person commits the offense of deceptive business practices if in the course of engaging in a business, occupation, or profession, he recklessly:

  1. Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity.
  2. Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service.
  3. Takes or attempts to take more than the represented quantity of any commodity or service when as a buyer he furnishes the weight or measure.
  4. Sells, offers or exposes for sale adulterated, or mislabeled commodities.
  5. Makes a false or misleading statement for the purpose of obtaining property or credit.

 

55.040.   Same, definitions. In the construction of the preceding Section:                1.   “Adulterated” means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulations of the United States of America or of this State lawfully filed, or if none, as set by commercial usage.

  1.  “mislabeled” means varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulations of the United States of America or of this State lawfully filed, or if none, as set by commercial usage; or represented as being another person’s product, though otherwise accurately labeled as to quality and quantity.

55.050.   Altering mileage registering devices. A person commits the offense of altering a mileage registering device if, with the purpose of misrepresenting to a prospective or eventual purchaser the number of miles traveled by a motor vehicle, he disconnects, changes or causes to be disconnected or changed, any mileage registering device on a motor vehicle so as to thereby indicate a different mileage than such motor vehicle has actually traveled. For the purpose of this Section “motor vehicle” means any selfpropelled vehicle not operated exclusively upon tracks.

55.060.   False advertising. A person commits the offense of false advertising if, in connection with the promotion of the sale of, or to increase the consumption of, property and services, he recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.

55.070.   Bait advertising. A person commits the offense of bait advertising if he advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services:

  1. At the price which he offered them.
  2. In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement.
  3. At all.

55.080.   Included offenses. The offense described in Section 55.030 through 55.070 shall be included offenses in the unlawful practices prohibited by Section 55.020. No person shall be convicted of a violation of both Section

55.020 and of one or more of Sections 55.030 through 55.070, as a result of the same act by him.

Chapter 56 – Adult Entertainment

(ORD # 12-01) Chapter 56-Adult Entertainment

56.010.   Adult Entertainment.

  1. Declaration of Findings and Policies. The City Council makes findings of fact and declares the policy of the City to be as follows: (a)  Certain conduct occurring on premises offering adult entertainment is detrimental to the public health, safety, and general welfare of the citizens of the City and therefore, such conduct must be regulated as provided herein.
    • Regulation of the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred.
    • It is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors; to ensure that each such entertainer is an adult; and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible.
    • It is necessary to have a licensed manager on the premises of establishments offering certain kinds of adult entertainment so that there will at all necessary times be an individual responsible for the overall operation of the establishment, including the actions of customers, entertainers and other employees.
    • The license and permit fees required herein are nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the City in regulating the adult entertainment industry.
    • Businesses providing adult entertainment are increasingly associated with ongoing prostitution, disruptive conduct and other criminal activity which is currently not subject to effective regulation and which constitutes an immediate threat to the public peace, health and safety. (g)  Regulation of the adult entertainment industry is necessary to deter prostitution or high-risk sexual conduct that may be associated with adult entertainment facilities and to limit the health hazards of syphilis, gonorrhea, herpes, hepatitis-B, and HIV/AIDS that may result.
  2. Application of Other Provisions.
    • The businesses and activities regulated under this ordinance are subject to the general provisions of the Code of Ordinances of Holden, Missouri, as set forth, now or hereafter amended. In the event of a conflict between the provisions of this ordinance and other parts of the Code, the provisions of this ordinance shall control.
    • The licenses and fees required by this ordinance shall be in addition to any other licenses and fees required by the Code, except that a person issued a license under the provisions of Chapter 50 of the Code, while selling or supplying alcoholic beverages on the premises, shall not be required to obtain a license under the provisions of this ordinance.
  3. For purposes of this ordinance, and unless the context plainly requires otherwise, the following definitions are adopted: (a)  Adult entertainment arcade: an adult entertainment facility, or that part of an adult entertainment facility, which regularly features or otherwise offers to the public, customers or members, in a viewing area or viewing areas which is/are designed for occupancy by no more than five persons, any live exhibition, performance or dance of any type by a person or persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.
    • Adult cabaret; an adult entertainment facility, or that part of an adult entertainment facility, which regularly features or otherwise offers to the public, customers or members, in a viewing area which is designed for occupancy by more than five persons, any live exhibition, performance or dance by a person or persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.
    • Adult entertainment businesses: and adult entertainment arcade or adult cabaret.
    • Adult entertainment facility: any building, structure or facility which contains or is used for commercial entertainment, including theaters used for presenting live presentations, or for presenting videotapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, and including adult cabaret facilities, and adult entertainment arcades (regardless of whether the theater, facility or arcade provides a live presentation, videotape, or film presentation), where the customers either (1) engage in personal contact with, or allow personal contact by, employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or (2) observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent covering or, in the case of female persons, with the areola and nipple of the breast exposed or covered only with transparent covering, or observe specified sexual activities.
    • Adult entertainment facility premises: the bounds of the enclosure of an adult entertainment facility that is licensed, or part of which is licenses, as an adult entertainment business.
    • Customer: any person who;
      • is allowed to enter an adult entertainment business in return for the payment of an admission fee or any other form of consideration or gratuity; or
      • enters an adult entertainment business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
      • is a member of and on the premises of an adult entertainment business operating as a private club.
    • Administrator: the Mayor of the City of Holden, Missouri, or his designee.
    • Employees: any person who renders any service whatsoever to the customers of an adult entertainment business or who works in or about an adult entertainment business and who receives compensation for such service or work from the operator or owner of the business or from the customers therein. This includes managers, entertainers, and independent contractors who work in or at, or render any services directly related to, the operation of an adult entertainment business.
    • Entertainer: any person who provides adult entertainment within an adult entertainment business, whether or not a fee is charged or accepted for entertainment.
    • Entertainment: any exhibition or dance of any type, pantomime, modeling or any other performance.
    • Manager: any person who manages, directs, administers, or is in charge of, the affairs and/or conduct of any portion of any activity, including adult entertainment, occurring at any adult entertainment business. (l)  Operator: any person operating, conducting or maintaining an adult entertainment business.
    • Owner or owners: the proprietor, if a sole proprietorship; all partners (general and limited), if a partnership; all members, if a limited liability company or all officers, directors, and persons holding ten percent or more of the outstanding shares, if a corporation.
    • Public place: any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles, whether moving or not.
    • Specified anatomical areas; uncovered or exposed human genitals, pubic region or pubic hair; or the female breast below a point immediately above the top of the areola; or human male genitals in a discernible erect state, even if completely and opaquely covered.
    • Specified sexual activities: sexual conduct, being actual or simulated; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification, with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any adomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification, as such terms as defined in the pornography and related offenses chapter of the Missouri Criminal Code. (q)  Viewing area: the area where a customer or member would ordinarily be positioned while watching an exhibition, performance or dance.
  4. Adult Entertainment Business License.
    • It shall be unlawful for any person to operate or maintain an adult entertainment business in the City unless the owner, operator or lessee thereof has obtained from the Administrator a license to do so, to be designated an “adult entertainment business license,” or while such license is suspended or revoked.
    • It shall be unlawful for any entertainer, employee or manager to knowingly perform any service or entertainment directly related to the operation of an adult entertainment business which is unlicensed or while such business’s license is suspended or revoked.
    • It shall be prima face evidence that any adult entertainment business that fails to have posted, in the manner required by this ordinance, an adult entertainment business license, has not obtained such license or has had its license suspended or revoked. It shall be prima facie evidence that any entertainer, employee or manager who performs any service or entertainment in an adult entertainment business is which a license is not posted, in the manner required by this ordinance, had knowledge that such business was not licensed or that such business’s license was suspended or revoked.
  5. Adult Entertainment Permit for Managers and Entertainers. It shall be unlawful for any person to work as an entertainer or manager at an adult entertainment business without having first obtained from the Administrator a permit to do so, to be designated as an “adult entertainer’s permit,” or an “adult entertainment manager’s permit,” respectively, or to work as an entertainer or manager at such business while such person’s permit is suspended or revoked.
  6. Licenses and Permits-Classification and Fees.
    • The license or permit year for all fees required under this ordinance shall be from each January 1 through December 31. The application for a license or permit shall be accompanied by payment in full of the fee stated in this section, by certified funds, cashier’s check or money order, and no application shall be considered complete until such fee is paid. Such fee shall not be refunded or prorated under any circumstances.
    • The classification of licenses for an adult entertainment business, and the fees for each, shall be as follows: (1) Adult arcade license-$350.00

(2) Adult cabaret license-$350.00

  • The classification of permits for an adult entertainment business, and the fees for each, shall be as follows:
    • Adult entertainment manager’s permit-$50.00 (2) Adult entertainer’s permit-$25.00              License or Permit Applications.

(a) Adult Entertainment Business License. All applications for an adult entertainment business license shall be submitted in the name of the person proposing to conduct or operate such adult entertainment on the premises and shall be signed by such person and notarized. All applications shall be submitted on a form supplied by the Administrator and shall require the following:

  • The name, residence address, home telephone number, business telephone number, date and place of birth, and social security number of the applicant;
  • The business name, address and telephone number of the establishment;
  • The names, residence addresses, residence telephone numbers, social security numbers and dates of births of all partners, if the applicant is a partnership; if the applicant is a limited liability company, or all members; or if the applicant is a corporation, of all corporate officers and directors;
  • If the applicant is a corporation, the names, residence addresses, social security numbers and dates of birth of all shareholders having a ten percent or greater interest in the corporation;
  • Addresses of the applicant and of all partners, or of all members, or of all corporate officers and directors, for the five years immediately prior to the date of application;
  • A description of the adult entertainment or similar business history of the applicant and of all partners, or of all members, or of all corporate officers, directors, and any shareholder having ten percent or greater ownership interest in the corporation; whether any such person or entity, in previously operating in this or another city, county or state, has had a business or occupational license suspended, revoked, or otherwise disciplined, the reason therefore, and the activity or occupation subjected to such discipline, suspension or revocation;
  • A description of the business, occupation, or employment of the applicant and of all partners, or of all members, or of all corporate officers and directors, for the three years immediately preceding the date of application;
  • A statement from the applicant and from each partner, or from each member, or from each corporate officer, director and any shareholder having ten percent or greater ownership interest in the corporation, that each such person has not been convicted of, or entered a plea of guilty or nolo contendere to, any felony, misdemeanor or municipal ordinance violation listed in Section 8 (a) of this ordinance, during the respective time periods provided in that section;
  • A photograph, to be taken by the Administrator, of the applicant and of all partners, or of all members, or of all corporate officers and directors;
  • If the applicant is a corporation, a current certificate of good

standing issued by the Missouri Secretary of State;

  • A verification from the applicant, from each partner, from each member and from each corporate officer, director and any shareholder having ten percent or greater ownership interest in the corporation that all personal property taxes and real property taxes have been paid for the previous year. Failure to provide information required by this subsection shall constitute an incomplete application and such application shall not be processed.

(b) Manager’s or Entertainer’s Permit. All applications for an  adult entertainment manager’s permit or adult entertainer’s permit shall be signed by the applicant and notarized. All applications shall be submitted on a form supplied by the Administrator and shall require the following information:           (1)  The applicant’s name, home address, home telephone number, date and place of birth, social security number, and any stage names or nicknames previously used or planned to be used in entertaining;

  • The name and address of each business at which the applicant intends to work as a manager or entertainer, and an “intent to hire” statement from each such adult entertainment business that is licensed, or that has applied for a license, under the provisions of this ordinance;
  • A statement from the applicant that he or she has not been convicted of, or entered a plea of guilty or nolo contendere to, any felony, misdemeanor or municipal ordinance violation listed in Section 8 (a), during the respective time periods provided in that section;
  • A statement from the applicant that he or she has not had an entertainer’s permit issued under this ordinance, or similar ordinance, revoked within five years immediately preceding the date of filing the application; (5)  A photograph, to be taken by the Administrator, of the applicant;

(6)  The applicant shall present documentation that he or she has attained the age of eighteen years. Any of the following shall be accepted as documentation of age;

  1. A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth,
  2. A state-issued identification card bearing the applicant’s photograph and date of birth,
  3. An official passport issued by the United States of America,
  4. An immigration card issued by the United States of America,
  5. Any other picture identification issued by a governmental entity,
  6. Such other form of identification issued by a governmental entity,
  7. Such other form of identification as the Administrator deems, by rule, to be acceptable;

Failure to provide information required by this subsection shall constitute an incomplete application and such application shall not be processed.

  1. Issuance of Licenses or Permits-Findings.

(a) After an investigation, the Administrator shall issue the applicable license authorized by this ordinance if the Administrator finds;           (1)  The applicant has requested, in writing, confirmation of zoning, building codes, fire, health, and property maintenance ordinance compliance from the appropriate City departments;

  • The business for which a license is required herein will be conducted in a building, structure and location which complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City, as well as the requirements of this chapter;
  • The applicant, or any of his, her or its employees, agents,

partners, members, directors, officers, stockholders or managers has not made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the Administrator (as part of the original license application or application for renewal thereof);

  • The applicant, and all employees, agents, partners, members, directors, officers, or managers of the applicant have attained the age of eighteen years;
  • The applicant, any partner, member, or any corporate officer, director, and any shareholder having ten percent or greater ownership interest in the corporation, has not been convicted of a felony or entered a plea of guilty or nolo contendere to a felony within five years immediately preceding the filing of the application, or has not been convicted of a misdemeanor or entered a plea of guilty or nolo contendere to a misdemeanor within two years immediately preceding the filing of the application, where such felony or misdemeanor involved sexual offenses, prostitution, sexual abuse of a child, or a violation of Chapter 573 RSMo, or controlled substances, illegal drug, or narcotic offenses, as described in the Missouri Comprehensive Drug Control Act, or similar statues, or has not been convicted of a municipal ordinance violation or entered a plea of guilty or nolo contendere to a municipal ordinance violation, within two years immediately preceding the filing of the application, where such municipal ordinance violation involved indecent exposure, prostitution, or sale of controlled substances, illegal drugs or narcotics.
  • The applicant, or any partner, or any member, or any corporate officer, director, and any shareholder having ten percent or greater ownership interest in the corporation, has not had a license or permit issued under the provisions of this ordinance, or similar ordinance, revoked with five years immediately preceding the date of filing the application.
  • The applicant, all partners, all members, and all corporate officers, directors and any shareholder having ten percent or greater ownership interest in the corporation has provided proof of payment of all personal property taxes and real property taxes for the previous year.

(b) After an investigation, the Administrator shall issue any applicable permit authorized by this ordinance if the director finds:

  • The applicant has not made any false, misleading or fraudulent statement of material fact in the application for a license, or in the providing of documentation of age (as part of the original permit application or application for renewal thereof;
  • The applicant has attained the age of eighteen years;
  • The applicant, has not been convicted of a felony or entered a plea of guilty or nolo contendere to a felony within five years immediately preceding the filing of the application, or has not been convicted of a misdemeanor or entered a plea of guilty or nolo contendere to a misdemeanor within two years immediately preceding the filing of the application, where such felony or misdemeanor involved sexual offenses, prostitution, sexual abuse of a child, or a violation of Chapter 573 RSMo, or controlled substances, illegal drug, or narcotic offenses, as described in the Missouri Comprehensive Drug Control Act, or similar statutes, or has not been convicted of a municipal ordinance or entered a plea of guilty or nolo contendere to a municipal ordinance violation, within two years immediately preceding the filing of the application, where such municipal ordinance violation involved indecent exposure, prostitution, or sale of controlled substances, illegal drugs or narcotics.
  • The applicant has not had a license or permit issued under the

provisions of this ordinance, or similar ordinance, revoked within five years immediately preceding the date of filing the application.

  1. Issuance of Licenses or Permits-Time.

(a)  The license application for an adult entertainment business shall be approved or disapproved with 30 days from the date of filing a completed application which complies with the requirements of this ordinance, unless the applicant agrees in writing to an extension of such time period. It shall be duty of the applicant to request, in writing, confirmation of zoning, building codes, fire, health, and property maintenance ordinance compliance from the appropriate City departments, and the application shall not be considered complete until such requests are made. The response to such requests, confirming compliance or otherwise, shall be made in writing by the City Departments to the Administrator no more than twenty days after receipt of the request. It shall be the duty of the Administrator to verify the criminal record of all applicants and to investigate other information required by the license application. If a license application is disapproved, the Administrator shall notify the applicant in person or by certified mail sent to the applicant’s last known address, and shall state the basis for such disapproval.                (b)  The application for a manager’s or entertainer’s permit shall be approved or disapproved within 30 days from the date of filing a completed application which complies with the requirements of this ordinance, unless the applicant agrees in writing to an extension of such time period. Pending the approval or disapproval of a completed permit application, the manager or entertainer shall be provided a temporary permit to be a manager or entertainer. Such permit shall automatically expire and become null and void upon the approval or disapproval of a permit. Any manager or entertainer issued a temporary permit shall comply with the provisions of this ordinance and such permit shall be withdrawn by the Administrator in the event the permitter violates any provisions of this ordinance. Additionally, any manager or entertainer issued a temporary permit shall be subject to the penalty provisions provided in this ordinance. It shall be the duty of the Administrator to verify the criminal record of all applicants and to investigate other information required by the permit application. If a permit application is disapproved, the Administrator shall notify the applicant, in person, or by certified mail sent to the applicant’s last-known address, and shall state the basis for such disapproval.

(c)  Any applicant aggrieved by the refusal of the Administrator to issue a license or permit under the provisions of this ordinance may request a hearing in writing within twenty days of the date indicated on the notice of disapproval, or if no such notice of disapproval is provided, within sixty days of the date the application was filed. After such hearing, the applicant may seek further judicial review in the manner provided by law.

  1. Compliance With Other City Ordinances Required. It shall be the duty of an adult entertainment business licensee or permittee to comply with the building codes, fire, health, property maintenance and other ordinances of the City and with the regulations of the various departments of the City. Knowing failure to abide by such ordinances or regulations may be a basis for suspension, revocation, or non-renewal of the license.
  2. Standard of Conduct and Operation-Adult Arcade.

(a)  The following standards of conduct must be adhered to by employees of any adult entertainment arcade while on the adult entertainment facility premises:

  • No employee or entertainer shall be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, except when such entertainer or employee is separated from any and all customers by a window, or other partition which is separated from any and all customers by a window, or other partition which is maintained free of holes or other structural openings which would permit physical contact between such entertainer or employee and any customer within the viewing area. However, a single opening in such window or partition, allowing for payment for entertainment, by a customer to the entertainer, shall be permitted.
  • No employee or entertainer shall:
    1. Perform any specified sexual activities; or
    2. Display any specified anatomical area, except as provided for in subdivision 1 of this subsection.
  • No employee or entertainer who is either not separated from any and all customers as provided in subdivision 1 of this subsection, or in an area of the premises not open to customers, shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subdivision 1 of this subsection.
  • No employee or entertainer shall knowingly touch any specified anatomical area of another person, or knowingly permit another person to touch any specified anatomical area of such employee or entertainer, or no employee or entertainer shall knowingly fondle or caress any specified anatomical area of another, whether such area is clothed, unclothed, covered or exposed, or knowingly permit another person to fondle or caress any specified anatomical area of such employee or entertainer, whether such area is clothed, unclothed, covered or exposed.
  • No entertainer or any adult arcade shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, which such entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area, or while performing any entertainment, either while clothed or unclothed.
  • No Entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this ordinance. (7) No entertainer shall receive any payment or gratuity from any customer, except through an opening in the window or partition separating such entertainer from a customer, as described in subdivision 1 of this subsection.

(b)  At any adult entertainment arcade, the following are required:

  • A sign, on which upper-case letters shall be at least two inches and lower-case letters shall be at least one inch high, shall be conspicuously displayed in the common area at the principal entrance to the adult entertainment arcade and shall read;

THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF HOLDEN   

ENTERTAINERS ARE:

  1. Not permitted to engage in any type of sexual conduct on the premises, or in prostitution;
  2. Not permitted to be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, and/or genitals, except when separated from customers by the window or partition between the entertainers and customers;
  3. Not permitted to receive any payment or gratuity from any customer, except through an opening in the window or partition separating such entertainer from a customer.
    • Neither any entertainment, nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any specified anatomical area shall be visible from a public place.
    • The premises shall be equipped with overhead lighting or sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one foot candle as measured at the floor level, and such illumination must be maintained at all times that any customer is present in or on the premises.    Standards of Conduct and Operation-Adult Cabaret.
  • The following standards of conduct must be adhered to by employees and entertainers or any adult cabaret while on the adult entertainment facility premises:
    • No employee or entertainer shall be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, unless separated at least six feet from the immediate floor level.
    • No employee or entertainer shall:
      1. Perform any specified sexual activities; or
      2. Display any specified anatomical area, except as provided for in subdivision 1 of this subsection.
    • No employee or entertainer who is not separated from any and all customers as provided in subdivision 1 of this subsection shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subdivision 1 of this subsection, except in an area of the premises not open to customers.
    • No employee or entertainer shall knowingly touch any specified anatomical area of another person, or knowingly permit another person to touch any specified anatomical area of such employee or entertainer, or no employee or entertainer shall knowingly fondle or caress any specified anatomical area of another person, whether such area is clothed, unclothed, covered or exposed, or knowingly permit another person to fondle or caress any specified anatomical area of such employee or entertainer, whether such area is clothed, unclothed, covered or exposed.
    • No employee or entertainer shall wear or use any device or covering exposed to view which simulates any specified anatomical area.
    • No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this subsection.
    • No entertainer of any adult cabaret shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, which such entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area, or while performing any entertainment, either while clothed or unclothed.
    • No entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this ordinance. (9) No entertainer shall receive any payment or gratuity from any customer for entertainment, except as follows:
      1. While such entertainer is on the stage as provided in subdivision 1 of this subsection, a customer may place such payment or gratuity into a box affixed to such stage; or
      2. While such entertainer is not on stage, and is clothed so as to not expose to view any specified anatomical area, a customer may either place such payment or gratuity into the entertainer’s hand, or under a leg garter worn by such entertainer at least four inches below the bottom of the pubic region.
    • At any adult cabaret, the following are required:
      • A sign, on which upper-case letters shall be at least two inches high and lower-case letters shall be at least one high, shall be conspicuously displayed in the common area at the principal entrance of the premises, and shall read as follows:

THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF HOLDEN

ENTERTAINERS ARE:

  1. Not permitted to engage in any type of sexual conduct on the premises, or in prostitution;
  2. Not permitted to be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, and/or genitals, unless separated at least six feet from the nearest customer and upon a stage at least eighteen inches above the immediate floor level;
  3. Not permitted to receive or collect any payment or gratuity from any customer, except as follows:
    1. while such entertainer is on the stage, by placing such payment or gratuity into the box affixed to the stage; or
    2. while such entertainer is not on the stage, by either placing such payment or gratuity into the entertainers’s hand, or under the entertainer’s leg garter.
  • Neither any entertainment, nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any specified anatomical area shall be visible from a public place.
  • The premises shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one foot candle as measured at the floor level, and such illumination must be maintained at all times that any customer is present in or on the premises.
  1. Standards of Conduct and Operation-All Adult Entertainment

Businesses.

It shall be unlawful for;

  • Any person under the age of eighteen years to be in or upon any premises for which as adult entertainment business license is required. (b) Any customer, while upon the premises for which an adult entertainment business license is required, to;
    • Knowingly touch any specified anatomical area of any employee, entertainer, or any other person, or to knowingly fondle or caress any specified anatomical area, whether such area is clothed, unclothed, covered or exposed, of any employee, entertainer or any other person;
    • Be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, except in a rest room for customers upon the premises; or (3) Perform any specified sexual activities.

(c) Any owner, operator, manager, or other person in charge of a premises for which an adult entertainment business license is required, to;                    (1) Knowingly permit or allow any person under the age of eighteen years to be in or upon such premises;

  • Knowingly allow or permit alcoholic beverages, as defined in Chapter 50 of this Code, to be brought onto or consumed on the premises; or
  • Knowingly allow or permit the sale, distribution, or delivery of any controlled substance or illegal drug or narcotic on the premises; or
  • Knowingly allow or permit any act of prostitution, or patronizing prostitution, on the premises.
  1. License or Permit-Posting and Displaying.
    • Every person, corporation, partnership, limited liability company or association licensed under this ordinance as an adult entertainment business shall post such license in a conspicuous place and manner on the adult entertainment facility premises at a location which is accessible to employees, managers, and entertainers.
    • Every adult entertainer or adult entertainment manager shall post his or her permit in his or her work area on the adult entertainment facility premises so it shall be readily available for inspection by City authorities responsible for enforcement of this ordinance. If the permit is a temporary permit, the form of identification presented as part of the application for such permit shall be stated by the Administrator on the face of such permit, and such identification must be on file with the adult entertainment manager on duty at any time such temporary permittee is working on the premises.
  2. Manager on Premises.

An adult entertainment manager shall be on duty at any adult entertainment business at all times adult entertainment is being provided or that customers are on the premises. The name of the manager on duty shall be prominently posted during business hours. It shall be the responsibility of the manager to verify and ensure that any person who provides adult entertainment within the premises possesses a current and valid adult entertainer’s permit, and that such permit is posted in the manner required by this ordinance.

  1. Hours of Operation.

It shall be unlawful for any adult arcade or cabaret to be conducted, operated, or otherwise open to the public, customers or members between the hours of 3:00 a.m. and 6:00 a.m.

  1. Inspectors and Inspections.

The Administrator is empowered to appoint inspectors of adult entertainment businesses. All such businesses shall be open to the inspections by the Administrator or inspectors appointed by him or to any member of the police department at any time during the hours allowed for business and at other reasonable times.

  1. Suspension, Revocation or Non-Renewal-License.

Whenever the Administrator has information that:

  • The owner or operator of an adult entertainment business has violated, or knowingly allowed or permitted the violation of any of the provisions of this ordinance;
  • There have been recurrent violations of provisions of this ordinance that have occurred under such circumstances that the owner or operator of an adult entertainment business knew or should have known that such violations were being committed;
  • The adult entertainment business license was obtained through false or misleading statements in the application for such license, or renewal thereof;
  • The adult entertainment business license failed to make a complete disclosure of all information requested in the application for such license, or renewal thereof; or
  • The owner or operator, or any partner, or any corporate officer or director, is no longer eligible to obtain a license pursuant to

Section 8(a); then the Administrator shall hold a hearing in the manner provided in this ordinance to ascertain all facts in the matter. 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 licensee’s last known address. In the event that the Administrator is not able to serve notice upon the licensee in person, and any notice sent by mail is returned by the postal service, the

Administrator shall cause such notice to be posted at the principal entrance of the adult entertainment business or facility, and such posting shall be a valid means of service. If the Administrator finds and concludes from the evidence that the licensee has violated any of the above provisions, he may suspend, for a period not to exceed ninety days, or revoke the license issued hereunder, or in the case of a renewal application, refuse to renew such license.

  1. Suspension, Revocation or Non-Renewal Permit. When the

Administrator has information that:

  • An adult entertainment manager has violated, or knowingly allowed or permitted the violation of any of the provisions of this ordinance; (b) While acting as an adult entertainment manager, there have been recurrent violations of provisions of this ordinance that such adult entertainment manager knew or should have known that such violations were committed;
  • An adult entertainer has violated any of the provisions of this ordinance;
  • A permit received by any person under the provisions of this ordinance was obtained through false or misleading statements in the application for such permit, or renewal thereof;
  • A permittee under the provisions of this ordinance failed to make a complete disclosure or all information requested in the application for such permit, or renewal thereof; or
  • A permittee is no longer eligible to obtain a permit pursuant to Section 9(b); then the Administrator shall hold a hearing in the manner provided in this ordinance to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the permittee and shall be served upon the permittee in person or by certified mail sent to the permittee’s last known address. If notice is sent by mail, such notice is effective upon mailing regardless of whether such notice is received. If the Administrator finds and concludes from the evidence that the permittee has violated any of the above provisions, he may suspend, for a period not to exceed ninety days, or revoke the permit issued hereunder, or in the case of a renewal application, refuse to renew such permit.
  1. Hearing Procedures.
    • In any instance in this ordinance wherein a hearing is required, the Administrator shall, after no less than ten days written notice to the applicant, licensee or permittee, hold such hearing to ascertain all facts in the matter.
    • An applicant, licensee, or permittee shall have full 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 hearings shall be recorded and transcribed as required by law. The Administrator may receive evidence relevant to the issues from the applicant, licensee or from other sources. Witnesses may be subpoenaed, and upon request of any party, the Administrator shall issue subpoenas, and in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in the Circuit

Court.

  • Administrator shall issue findings of fact and conclusions of law, and an order wherein he may dismiss the complaint, grant or refuse to grant a license or permit, or suspend or revoke a license or permit, previously issued, or renew or refuse to renew a license or permit previously issued. The Administrator’s order shall be served upon the applicant, licensee, or permittee in person or by certified mail sent to the applicant’s, licensee’s or permittee’s last known address. In the event that the Administrator is not able to serve such order upon the licensee, or applicant for renewal license, in the manner stated above, such order may be served in the manner provided in Section 18.
    • A license or permit may be renewed by making application to the Administrator on application forms provided for that purpose. Licenses and permits shall expire on December 31 of each calendar year, and renewal applications for such licenses or permits must be submitted between November 15 and December 15.
    • Upon timely application therefore, a license issued under the provisions of this ordinance shall be renewed by issuance of a new license in the manner provided by Section 8 or 9, unless the Administrator disapproves such renewal application in the manner provided by Section 18. However, an applicant for a renewal license shall have no duty to request confirmation of compliance with the city ordinances as required in Section 9, and no inspections by other city departments shall be required unless requested by the

Administrator.

  • Upon timely application therefore, a permit issued under the provisions of this ordinance shall be renewed by issuance of a new permit in the manner provided by Section 8 or 9, unless the Administrator disapproves such renewal application in the manner provided in Section 19.
  • Upon the filing of a timely application for renewal of a license or permit issued under the provisions of this ordinance, the

Administrator shall issue a temporary license or permit to the applicant, which temporary license or permit shall remain in effect until the Administrator has approved the application. If a hearing is held as required by Section 18 or 19, the temporary license or permit shall remain in effect until the Administrator has issued an order following such hearing. However, if the hearing required by

Section 18 or 19 is delayed at the request of the applicant, the temporary license or permit issued under the provisions of this subsection shall expire as of the date such hearing was scheduled by the Administrator, unless the applicant shows good cause for such delay.

  • Any applicant issued a temporary license or permit under the provisions of this section shall comply with the provisions of this ordinance. Additionally, an applicant issued a temporary license or permit under the provisions of this section shall be subject to the penalty provisions provisions provided in this ordinance.
  • If the application for renewal of a license or permit is not made during the time provided in subsection (a) of this section, the expiration of such license or permit shall not be effected, and a new application shall be required.
  1. Judicial Review-Stay of Enforcement of Orders.

Following the entry of an order by the Administrator suspending or revoking a license or permit, or disapproving the renewal application for a license or permit, such licensee, permittee or applicant may seek judicial review in the manner provided by law. The Administrator may stay enforcement of such order for a period of time not to exceed thirty days pending the filing and/or final disposition of proceedings for judicial review.

  1. Informal Disposition of Case.

Nothing contained in this ordinance shall preclude the informal disposition of contested cases by stipulation, consent order, default, or by agreed settlement.           24.  Regulations.

The Administrator shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of his office and which are not inconsistent with the provisions of this ordinance.

  1. Invalidity.

If any clause, section or other part of this ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby, but shall remain in full force and effect.

Chapter 58 – Swimming Pools

Chapter 58—Swimming Pools

58.010.   Compliance required. It shall be unlawful to construct, maintain, install or enlarge any swimming pool in the City except in compliance with the provisions of this Chapter.

58.020.   The term “swimming pool” defined. Includes private, semi-private and public units and is hereby defined as a receptacle for water, or an artificial pool of water either 1) having a capacity of more than fifteen thousand (15,000) gallons of water or 2) having a maximum depth of two (2) feet or more intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment.

58.030.   Location. No portion of a swimming pool outside a building shall be located at a distance less than eight (8) feet from any side or rear property line, or building line. Pumps, filters and pool water disinfection equipment installations shall be located at a distance not less than eight (8) feet from any side property line.

58.040.   Permit required. It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any private, residential swimming pool and appurtenances within the City unless permits therefore shall have first been obtained from the city engineer or building commissioner.

58.050.   Drawings, plans and permits.

  1. All drawings and plans for the construction, installation, enlargement and alteration of any swimming pool and appurtenances shall first be presented to the city engineer for examination and approval as to proper location and construction.
  2. All plans and drawings shall be drawn to a scale of not less than one-eighth of an inch to the foot, on paper or cloth, in ink, or by some process that will not fade or obliterate. All distances and dimensions shall be accurately figured and drawings make explicit and complete, showing the lot line, and including information pertaining to the pool, walk, and fence construction, water supply system, drainage and water disposal systems, and all appurtenances pertaining to the swimming pool. Detail plans and vertical elevations shall also be provided in accordance with the building code.    All swimming pools, appurtenances, water supply and drainage systems shall be constructed in conformity with the building plans and the provisions of this Chapter.
  3. If the pool is to be a public one, two sets of plans and specifications prepared by a registered engineer or architect shall be submitted to the city engineer for approval and then referred to the mayor and City Council for final approval before a building permit will be issued. Such plans shall show the provisions for off-street parking.

58.060.   Recirculation pools. All swimming pools shall be of the recirculation type in which circulation of the water is maintained through the pool by pumps; the water drawn from the pool being clarified and disinfected before being returned to the pool.

 

58.070.   Materials. Swimming pool walls and floors shall be constructed of any impervious material which will provide a tight tank with white or light colored finish and easily cleaned surfaces. The floor or bottom surface of the pool shall have a non-slip finish as smooth as possible. The side and end walls of a pool shall present a smooth finish and shall be vertical to the depth of at least six (6) feet or shall have a slope or curvature meeting one of the following conditions:

  1. The pool wall may be vertical for thirty (30) inches from the water level, below which the wall may be curved to the bottom with a radius at any point equal to the difference between the depth at that point, and thirty (30) inches.
  2. To a depth of six (6) feet, except as in (1) above, the wall’s slope shall not be less than one foot horizontal in six (6) feet vertical.

58.080.   Structural design. Swimming pools shall be designed to withstand the water pressure from within and to resist the pressure of the earth when the pool is empty, to a pressure of fifteen hundred (1500) pounds per square foot. The slope of the bottom of any part of a pool in which the water is less than five (5) feet in depth shall not be more than one (1) foot in each ten (10) feet. The maximum slope where water is five (5) feet or more in depth shall not exceed one (1) foot in two (2) feet.

58.090.   Walk areas. Unobstructed walk areas not less than thirty-six (36) inches wide shall be provided to extend entirely around the pool. The walk area shall be constructed of impervious material, and the surfaces shall be of such as to be smooth and easily cleaned and of non-slip construction. The slope of the walks shall have a pitch of at least one-fourth inch to the foot, designed so as to prevent back drainage from entering the pool.

58.100.   Fences. All outdoor swimming pools shall be completely enclosed by a fence. All fence openings or points of entry into pool area enclosure shall be equipped with gates. The fence and gates shall be four (4) feet in height above the grade level and shall be constructed of a minimum number 9 gauge woven wire mesh corrosion-resistant and shall be set in concrete bases.      58.110.   Steps or ladders. Two or more means of egress in the form of steps or ladders shall be provided for all swimming pools. At least one such means of egress shall be located on a side of the pool at both the deep end and shallow end of the pool. Treads of steps and ladders shall be constructed of non-slip material and at least three (3) inches wide for their full length.

Steps and ladders shall have handrails on both sides.

58.120.   Skimmers. In every swimming pool, at least two (2) skimming devices shall be provided for each eight hundred (800) square feet of surface area or fraction thereof. Skimmers shall be located at least twenty (20 feet apart. Handholds shall be provided and consist of a bull-nosed coping not over two and one-half inches thick for the outer two (2) inches or an equivalent approved handhold. The handhold must be no more than nine (9) inches above the normal water line. Skimming devices shall be built into the pool wall, shall adequately remove floated oils and waste and shall meet the following general specifications:

 

  1. Each skimmer shall be designed for a flow-through rate of at least thirty (30) gallons per minute and a total capacity of all skimmers on any pool shall be at least fifty percent of the required filter flow of the recirculation system.
  2. They shall be automatically adjustable to variations in water level over a range of at least three (3) inches.
  3. An easily removable and cleanable basket or screen through which all overflow water must pass shall be provided to trap large solids.    The skimmer shall be provided with a device to prevent airlock in the suction line. If an equalizer pipe is used, it shall provide an adequate amount of make-up water for pump suction should the water of the pool drop below the weir level. This pipe shall be at least two (2) inches in diameter and shall be located at least one (1) foot below the lowest overflow level of the skimmer.
  4. An equalizer line shall be provided with a valve that will remain tightly closed under normal operating conditions, but will automatically open at a differential of no more than four (4) inches between the pool level and the level of the overflow tank.
  5. The overflow weir shall be of sufficient length to maintain a rate of flow of at least twenty (20) gallons per minute per linear foot of weir lip.

58.130.   Water supply. No source of water other than that secured from the city waterworks distribution system shall be used in swimming pools.

58.140.   Inlets.

  1. Swimming pool water recirculation system inlet shall be located so as to produce so far as possible uniform circulation of water throughout the pool without the existence of dead spots and to carry pool bottom deposits to the outlets, and shall discharge at a minimum depth of ten

(10) inches below the pool overflow level. A minimum of one recirculation system inlet shall be provided for every six hundred fifteen (615) square feet of surface area of the pool.

  1. Pools shall be equipped with suitable facilities for adding make-up water as needed. There shall be no physical connection between the water supply line and the pool system. If the make-up water supply line discharges to a surge or balancing tank, the point of discharge shall be at least six (6) inches above the rim of the tank. If a hose connection from a sill cock or other plumbing fixture is to be used for supplying make-up water, then an approved vacuum breaker shall be installed between the sill cock or control valve at the fixture and the hose connection. The vacuum breaker shall be installed at a height not less than seven (7) feet six (6) inches above the floor, platform or ground upon which a person would stand when operating the sill cock or control valve. Maximum size of the fillpipe to be two (2) inches.                3.   The system supplying recirculated water and make-up water to the pool shall be constructed in conformance with the ordinances regulating plumbing.

58.150.   Outlets.

  1. In swimming pools, thirty (30) feet width or less, water circulation system outlets shall be located so as to provide at least one outlet at the deepest point in the pool. If the pool width is more than thirty (30) feet, multiple outlets shall be provided and spaced not more than thirty (30) feet apart, nor closer than four (4) feet to any wall. All pool drain outlets shall be equipped with gratings having an area of openings not less than four (4) times the cross-sectional area of the outlet pipe. The gratings shall be of such design so they cannot be readily removable by bathers and will not injure bathers’ fingers. One outlet shall be provided for each eight hundred (800) square feet of surface area.
  2. Pools shall be equipped with facilities for completely emptying the pool and the discharge of the pool water to the sewer shall be at a rate not exceeding two hundred (200) gallons per minute. No direct connection shall be made to the sewer.
  3. Water drained from the pool shall not be discharged to the

sewer system during periods of rain or storms. At no time shall the rate of drain water discharge exceed a flow of two hundred (200) gallons per minute.

58.160.   Recirculation, disinfection systems and appurtenances.

  1. The swimming pools’ recirculation systems shall consist of plumbing equipment, hair and lint catcher, filters, together with the necessary pipe connections to the pool inlets and outlets, facilities and pipe connections necessary for backwashing filters and facilities and equipment for disinfecting the pool water.
  2. Every swimming pool shall have a recirculating system with an hourly capacity equal to the pool volume divided by eight (8).
  3. The recirculation system pump shall have sufficient capacity to discharge the volume of water required for an eight (8) hour turnover of the pool against the maximum head in the recirculating system.
  4. The pump used for backwashing filters shall have sufficient capacity to provide a filter backwash rate of at least twelve (12) gallons per minute per square foot of filter area.
  5. A hair and lint catcher or strainer shall be installed on the suction side of the circulation pump to prevent hair, lint and other extraneous matter from reaching the pump and filters. Hair and lint catchers shall be so designed that they can be easily dismantled for the cleaning and inspection and shall be so located as to be easily accessible for cleaning. The design features shall be as follow: Water passes through the strainer from the outside; the strainer is made of noncorrosive material; the width or diameter of strainer is not more than one-eighth (1/8) inch; the area of the strainer openings shall be at least five (5) times the cross-sectional area of the inlet pipe to the strainer.
  6. Recirculating systems shall contain rapid pressure filters. Sufficient filter area shall be provided to filter the entire contents of the pool in eighteen (18) hours at the rate of not more than three (3) gallons per square foot of filter area per minute. The filter backwashing facilities shall be sufficient to backwash at a rate of twelve (12) gallons per minute per square foot of filter area. All backwash water and effluents shall be discharged to the sewer through an indirect connection. Pressure filters shall be equipped with readily accessible air relief valve, loss of head or pressure gauges on the inlet and outlet pipes, and an access head or hold large enough to permit inspection, maintenance and repair work. Sight glasses that can be easily removed for cleaning shall be provided in the effluent line from the filter units.
  7. Equipment shall be provided for the disinfection of all pool water. Any disinfection method using materials other than chlorine compounds shall be subject to the approval of the building commissioner. Disinfection equipment installed for the use of chlorine compounds shall have sufficient capacity to maintain a minimum free chlorine residual of 0.5 parts per million. The disinfectant shall be introduced into the recirculation system ahead of the filters.

Gaseous chlorination systems shall not be made use of as a disinfection method for pool water.