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BULLET St. Louis City Revised Code Chapter 8.16 Arcades

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 8.16
Arcades

Sections:

8.16.010 Definitions.
8.16.020 Coin-operated amusement devices.
8.16.040 Contents of application and plat.
8.16.050 Neighborhood consent petition.
8.16.060 Premises near elementary school.
8.16.070 Hearing.
8.16.080 Approval.
8.16.090 Regulations.
8.16.105 Compelling arcade license--By neighborhood petition.
8.16.110 Revocation--By neighborhood petition.
8.16.120 Revocation--For violations.
8.16.130 Rules, regulations and forms.
8.16.140 Present arcades.
8.16.150 Authorization for issuance--Notices of revocation.
8.16.160 Excluded establishments.
8.16.170 Amusement device in certain open air space prohibited.
8.16.180 Penalty for violation.

8.16.010 Definitions.

Words and phrases as used in this chapter shall have the following meanings:

A. The word "arcade," as used in this chapter, shall mean a business establishment containing three (3) or more coin-operated amusement devices and having within the business establishment at any time during its operation less than 15 employees.

B. "Coin-operated amusement device" includes but is not limited to pinball machines, shuffle alleys, arcade type machines, coin-operated radios or television sets, or any other type or kind of coin-operated amusement devices. Devices vending commodities such as cigarettes, candy, beverages or food stuffs are excluded hereunder. Coin-operated phonographs, juke boxes, or other machines or devices reproducing musical or other sounds are also excluded hereunder.

C. "Keeper" means any person, firm or corporation which operates an arcade.

D. "Premises" means a structure or building in which an arcade is situated.
(Ord. 58645 1, 1982; Ord. 57294 1, 1977: Ord. 56788 1 (part), 1974: 1960 C. 725.020.)

8.16.020 Coin-operated amusement devices.

There shall be a license fee for coin-operated amusement devices as set by Section 8.06.426.
(Ord. 56788 1 (part), 1974: 1960 C. 725.020.)

8.16.040 Contents of application and plat.

Every person applying for an arcade license shall file a written application and plat with the Board of Public Service setting forth his qualifications as follows:

A. Name, address, birthdate and place of birth;

B. His employment background for twelve years prior to the date of application and whether any previous business or occupational license, including any alcoholic beverage license and arcade license has been revoked and for what reasons;

C. Other facts relevant to the general personal history of the applicant as he or the board of public service shall find necessary to a fair determination of the applicant's eligibility for a license;

D. The applicant shall also file a plat or drawing of the proposed premises showing the dimensions thereof together with the proposed number and location of the coin-operated amusement devices, and also indicating the location of all doorways, windows, lights, entrances, and exits to the premises and the restroom facilities, if any, and the plat shall remain as part of the record concerning the application and premises.
(Ord. 56788 1 (part), 1974: 1960 C. 725.040.)

8.16.050 Neighborhood consent petition.

In addition to the application and plat, the applicant for an arcade license shall also file in the Board of Public Service, together with the application and plat, a written petition in favor of the issuance of the license, signed by a majority of the persons, if any, occupying premises or conducting any business on the main surface floor within the prescribed petition circle drawn by a radius of five hundred feet plus one-half of the width of the front of the premises, from the center of the premises projected to the streets. A neighborhood consent petition shall not be required for successive yearly renewal licenses for the same licensee on the same premises.
(Ord. 57294 3, 1977: Ord. 56788 1 (part), 1974: 1960 C. 725.050.)

8.16.060 Premises near elementary school.

The Board of Public Service shall not approve or issue a license for a keeper of coin-operated amusement devices on premises within five hundred feet of an elementary school. For purposes of this section, the distance between the elementary school and the coin-operated amusement device premises shall be considered to be the distance between the nearest point of the arcade to the nearest point of the building used for elementary school purposes.
(Ord. 57294 4, 1977: Ord. 56788 1 (part), 1974: 1960 C. 725.060.)

8.16.070 Hearing.

After filing of the application, plat and petition, and other additional information as may be required by the Board of Public Service, it shall set a date for the hearing on the application within a reasonable time after the filing of the application or the last information, and shall give the applicant written notice of the date of the hearing. At the hearing, the applicant shall be entitled to produce testimony under oath, and the Board of Public Service shall have the authority to subpoena witnesses and to take their testimony under oath pertaining to all matters connected with the application, and any person owning property, occupying premises or conducting a business on the main surface floor within the prescribed petition circle shall have the right to give testimony.
(Ord. 56788 1 (part), 1974: 1960 C. 725.070.)

8.16.080 Approval.

A majority of the Board of Public Service in its sound discretion may approve the application after a hearing, if it is satisfied that the applicant is of good moral character and that the applicant has given evidence that he will be able to operate the premises in compliance with all regulations and laws governing such premises, and the applicant is a resident of the state, and his neighborhood consent petition is in due form, and the applicant's premises are not within five hundred feet of an elementary school as provided. A majority of the Board of Public Service may propose and require changes in the premises in regard to the doorways, windows, lights, entrances, exists and toilet facilities, and in regard to the number and location of coin-operated devices, before granting its approval of the application.
(Ord. 57294 5, 1977: Ord. 56788 1 (part), 1974: 1960 C. 725.080.)

Cases:

Arcade ordinance which vested in the Board of Public Service the discretion to issue an arcade license if satisfied that the applicant was of good moral character was not unconstitutional as applied to non-First Amendment activity. City of St. Louis v. Kiely, 652 S.W. 2d 694 (Mo. App. 1983).

8.16.090 Regulations.

The following regulations shall apply to all licensed arcades, and a licensee or operator of an arcade is at all times responsible for the orderly conduct of his arcade and the acts of any of his agents, servants or employees in the operation of his arcade.

A. All arcades shall be open only between the hours of nine a.m. and one a.m. Central Standard Time or Daylight Saving Time, whichever shall be in effect. All arcades shall have all patrons removed and the doors locked by the closing times mentioned herein and shall suffer no person subject to curfew regulations to be or remain on the premises in violation of the curfew hours. Any licensee who repeatedly violates this regulation concerning curfew hours shall be deemed to have, prima facie, violated these regulations without showing of other violations.

B. All arcades shall be kept clean and well lighted so that the rear of the premises is plainly visible from the front of the premises.

C. No arcade shall suffer or permit any loud noises, boisterous or disorderly conduct in or around the premises or on any grounds of the premises, and he shall prevent the loitering of persons on the premises or on or around the grounds thereof.

D. A licensee shall not increase the number of coin-operated amusement devices over the number specified in his plat filed with the Board of Public Service, provided however, the Board may authorize the increase upon application by the licensee.

E. Gaming, gambling or wagering of any kind is prohibited on any coin-operated amusement device premises.
(Ord. 56788 1 (part), 1974: 1960 C. 725.090.)

8.16.105 Compelling arcade license--By neighborhood petition.

Whenever a majority of the persons, if any, owning property and a majority of persons, if any, occupying premises or conducting any business on the main floor of premises within a prescribed petition circle drawn by a radius of 500 feet plus one-half of the width of the front of the business premises from the center of such premises projected to the street, have signed and thereafter file a written petition before the Board of Public Service stating that such business permits the operation of less than three (3) coin-operated amusement devices within such establishment, and demanding that such business be subjected to the provisions of this chapter, the Board of Public Service shall, after verifying the signatures, notify the licensee thereof that such a petition has been filed, and any licensee who fails within 14 days of receiving such notification:

A. To make application for an arcade license as herein provided; or

B. To remove all coin-operated amusement devices from its business premises until it has complied with subsection A above;

Shall have its license revoked after notice to the licensee thereof as provided in Section 8.16.120.
(Ord. 58645 4, 1982.)

8.16.110 Revocation--By neighborhood petition.

Whenever a majority of the persons, if any, owning property, and a majority of persons, if any, occupying premises or conducting any business on the main surface floor of premises within a prescribed petition circle drawn by a radius of three hundred feet plus one-half of the width of the front of the arcade from the center of the premises projected to the street, shall sign and thereafter file a written petition before the Board of Public Service demanding the revocation of the license which has been issued for arcade premises within the above-mentioned area, the license shall be revoked and be held null and void if a majority of the Board of Public Service finds that the petition is in the form prescribed in this section.
(Ord. 56788 1 (part), 1974: 1960 C. 725.110.)

8.16.120 Revocation--For violations.

In addition to the revocation by neighborhood petition, a majority of the Board of Public Service may suspend any or all of a licensee's licenses for a period of not more than thirty days or any portion thereof, or may revoke any or all of a licensee's licenses for any coin-operated amusement device premises whenever it is found that the licensee has obtained any license through misrepresentation or fraud or that the licensee has disregarded or violated any of the regulations or laws for coin-operated amusement device premises. The licensee shall be notified in writing of the charges or infractions. These shall be mailed to the licensee at the address of any of his licensed premises or at the last known residence of the licensee. A public hearing shall be held before the board of public service at a specified time. At the hearing, evidence under oath shall be heard concerning the charges or infractions and the licensee or his attorney may present evidence in answer to defense thereto. Evidence of infractions or violations other than those specified in writing to the licensee may also be presented at the hearing, provided, however, that the licensee shall be given reasonable additional time, if he so requests, to prepare his answer or defense to such additional infractions or violations. The board of public service shall render a decision within fourteen days after completion of the formal hearing and shall mail a copy of its decision to the licensee. Appeals from the decision of the board may be taken by the licensee as provided by law. Any person whose license has been revoked shall not again be allowed to obtain an arcade license for two years next thereafter.
(Ord. 56788 1 (part), 1974: 1960 C. 725.120.)

8.16.130 Rules, regulations and forms.

The board of public service is authorized to adopt all necessary forms and to enact, promulgate and enforce all rules and regulations necessary for the reasonable interpretation and enforcement of this chapter.
(Ord. 56788 1 (part), 1974: 1960 C. 725.130.)

8.16.140 Present arcades.

The keeper of any arcade which is in operation on June 28, 1974, shall be required to obtain a license for his premises. He shall file an application and plat as required in this chapter before the board of public service within ninety days of June 28, 1974, provided however, that he shall not be required to obtain the neighborhood consent petition set forth in this chapter. The licensee shall be subject to all other rules, regulations and powers of suspension and revocation and provisions for renewal of licenses as provided in this chapter.
(Ord. 56788 1 (part), 1974: 1960 C. 725.140.)

8.16.150 Authorization for issuance--Notices of revocation.

The license collector is prohibited from issuing an arcade license until an authorization therefor has been issued by the board of public service as provided in this chapter.

Should any license issued under this chapter be ordered revoked, the license collector shall immediately upon receipt of the notice of revocation, revoke the arcade license for coin-operated amusement devices and keepers thereof by written notice addressed to the licensee at the address of any of his licensed premises or at his last known address.

Whenever a license sh all be revoked by the board of public service, the secretary of the board of public service shall immediately notify the license collector of the revocation.
(Ord. 56788 1 (part), 1974: 1960 C. 725.150.)

8.16.160 Excluded establishments.

Any establishment which is required to secure a neighborhood consent petition, viz: a tavern, as a condition preceding its being licensed, is exempted from the terms and conditions of this chapter.
(Ord. 56788 2, 1974.)

8.16.170 Amusement device in certain open air space prohibited.

The keeping, maintenance, or operation of any coin-operated amusement device in any open air space with at least one boundary being a public street, alley or highway is hereby expressly prohibited.
(Ord. 58645 5, 1982.)

8.16.180 Penalty for violations.

Any business licensed otherwise than as an arcade as herein provided which permits the operation of three (3) coin-operated amusement devices located within such establishment, shall have its license revoked after notice to the licensee thereof as provided in Section 8.16.120.
(Ord. 58645 6, 1982.)

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