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HomeMy WebLinkAbout2008-080 - Municipal Code: Massage Therapists, Alcohol, and Public AmusementBILL NO. 2008-80 ORDINANCE N0.2008-80 AN ORDINANCE AMENDING TITLE VI, BUSINESS AND OCCUPATION OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI, MORE SPECIFICALLY SECTIONS 620.010(A) AND 620.040(A), REGARDING MASSAGE THERAPY ESTABLISHMENTS AND MASSAGE THERAPISTS; SECTION 600.330 AND 600.310(E) REGARDING ALCOHOLIC BEVERAGES AND SECTION 600.330; AND SECTIONS 610.050, 610.060, AND 610.070, REGARDING PUBLIC AMUSEMENT WHEREAS, the City of Riverside, Missouri (the "City") has in place regulations addressing massage therapy establishments and massage therapists, alcoholic beverages and public amusement; and WHEREAS, the City and its staff have reviewed of the City's Municipal Code (the "Code") sections regarding massage therapy establishments and massage therapists, alcoholic beverages and public amusement, and have determined that the provisions should be revised and clarified so as to comply with state statutes and regulations, reflect the requirements of the Missouri Gaming Commission, and allow for greater uniformity, and clarity; and WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the amended and restated Code provisions regarding massage therapy establishments and massage therapists, alcoholic beverages and public amusement to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City; NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. Title VI, Business and Occupation, Chapter 620: Massage Therapy Establishments and Massage Therapists, Section 620.010(A) of the Municipal Code of the City of Riverside, Missouri shall be amended to delete the definition of "Recognized School". Section 2. Title VI, Business and Occupation, Chapter 620: Massage Therapy Establishments and Massage Therapists, Section 620.040(A) of the Municipal Code of the City of Riverside, Missouri is hereby repealed in its entirety and replaced to read as follows: A. In order to secure a massage therapist license an applicant must file a complete, honest and truthful application, and hold a current massage therapist license issued by the State of Missouri. Section 3. Title VI, Business and Occupation, Chapter 600: Alcoholic Beverages, Section 600.330, of the Municipal Code of the City of Riverside, Missouri is hereby repealed in its entirety and replaced to read as follows: SECTION 600.330: GAMBLING DEVICES PROHIBITED Except for holders of a liquor license issued by the Missouri Gaming Commission, the operating or possession of any gambling devise in or about the premises where intoxicating liquor is sold shall be unlawful and shall be grounds for suspension or revocation of licenses. Section 4. Title VI, Business and Occupation, Chapter 600: Alcoholic Beverages, Section 600.310(E) of the Municipal Code of the City of Riverside, Missouri is hereby repealed in its entirety and replaced to read as follows: E. Nothing in this Section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this Section by a wholesaler licensed under the provisions of Section 311.180, RSMo., to a person licensed to sell intoxicating liquor at retail, or sales at retail by the holder of a liquor license issued by the Missouri Gaming Commission. Section 5. Title VI, Business and Occupation, Chapter 610: Public Amusement, Article II. Coin-Operated Amusement Devices, Section 610.060 of the Municipal Code of the City of Riverside, Missouri shall be revised to amend the definition of "Coin-Operated Amusement Device" as follows: COIN-OPERATED AMUSEMENT DEVICE: Includes pinball machines, marble machines, pool tables, coin-operated shuffleboards, video games and any other devices operated by the insertion of a coin, disc, or other insertion piece, whether or not manipulated by the operator, and which operate for the amusement of the operator, whether or not by registering a score. It shall not include "slot machines, " "claw machines, " or machines prohibited by State law, nor shall it include machines licensed by the Missouri Gaming Commission, nor shall it include machines or devices used bona fide and solely for the vending of cigarettes, food confections, merchandise, juke boxes, or coin-operated radio or television devices in a private room of a hotel or motel. Section 6. Title VI, Business and Occupation, Chapter 610: Public Amusement, Article II. Coin-Operated Amusement Devices, Section 610.070 of the Municipal Code of the City of Riverside, Missouri is hereby repealed in its entirety and replaced to read as follows: SECTION 610.070: GAMBLING DEVICES OR GAMBLING NOT PERMITTED A. No license shall be issued for any coin-operated amusement device which is so constructed as to make possible either directly or by use of an adjustment the return of cash, tickets, discs or other tokens or certificates of any kind, to a player operating the same, whether or not such tokens or certificates have value of any kind. Only machines operated exclusively for the amusement provided by the operation thereof shall be licensed and no machine shall return or no exhibitor shall offer or give any reward or thing of value as reward for the making of any score or accomplishing any result in the playing of the machine, except that, as a reward for his/her skill, the player may be given free plays. The provisions of this subsection shall not apply to holders of a gaming license issued by the Missouri Gaming Commission B. Slot Machines, Similar Devices. Unless licensed by the Missouri Gaming Commission, machines commonly known as "slot machines, claw machines" and other B:\Ordinances\2008\2008-80 Amending Chapter 620 610 and 600.doc 2 similar machines shall not be licensed nor shall their use be permitted in any place for which a license is issued. C. No exhibitor, arcade operator or agent thereof shall knowingly allow gambling among customers or other persons on the premises for which a license has been issued. Section 8. The provisions of the Municipal Code of the City of Riverside, Missouri revised herein shall not be construed to revive any former ordinance, clause or provision of the Municipal Code of the City of Riverside, Missouri. Section 9. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in full force and effect. Section 10. This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 11. This ordinance shall take effect immediately. ND Passed this day o , 2008. M or Kathleen L. 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