[R.O. 2008 § 605.010; R.O. 2007
§ 605.010; CC 1978 § 605.010; Ord. No. 709 § 3, 7-9-1979; Ord.
No. 7102, 4-25-2024[1]]
The following words, terms and phrases,
when used in this Chapter, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
Unless otherwise provided, shall mean the period beginning
July 1 and ending on the following June 30. In the case of businesses
newly established, the license year will start at the beginning of
doing business and ending on the June 30 following the year of establishment.
Any person engaged in the production of some article, thing
or object by skill or labor out of raw materials or from matter that
has already been subject to artificial forces or to which something
has been added to change its natural condition.
A person, business or other legal entity doing business within the City of O'Fallon, except those exempted in Section 605.015, below.
A structure used to temporarily store goods, materials or
merchandise for sale or distribution.
[1]
Editor's Note: Ord. No. 7102 also changed the title of this
Section from "Merchant Defined" to "Definitions."
[R.O. 2008 § 605.015; Ord. No. 7102, 4-25-2024]
A.
No person following for a livelihood the
profession or calling of minister of the gospel, duly accredited Christian
Science practitioner, teacher, professor in a college, priest, lawyer,
certified public accountant, dentist, chiropractor, optometrist, chiropodist,
or physician or surgeon in this City shall be taxed or made liable
to pay any municipal or other corporation tax or license fee of any
description whatever for the privilege of following or carrying on
such profession or calling, and after December 31, 2003, no investment
funds service corporation as defined in Section 143.451, RSMo., may
be required to pay any such license fee in excess of twenty-five thousand
dollars ($25,000.00) annually, any law, ordinance or Charter to the
contrary notwithstanding.
B.
No person following for a livelihood the
profession of insurance agent or broker, veterinarian, architect,
professional engineer, land surveyor, auctioneer, or real estate broker
or salesman in this City shall be taxed or made liable to pay any
municipal or other corporation tax or license fee for the privilege
of following or carrying on his/her profession unless that person
maintains a business office within the City of O'Fallon.
[R.O. 2008 § 605.020; R.O. 2007
§ 605.020; CC 1978 § 605.020; Ord. No. 709 § 2, 7-9-1979; Ord.
No. 7102, 4-25-2024[1]]
All merchants doing business within
the City of O'Fallon shall be required to purchase and keep on display
at their usual place of business a City of O'Fallon business license.
[1]
Editor's Note: Ord. No. 7102 also changed the title of this
Section from "Merchant's License Required" to "Business License Required."
[R.O. 2008 § 605.030; R.O. 2007
§ 605.030; CC 1978 § 605.030; Ord. No. 1178 §§ 3
– 4, 12-10-1984; Ord. No. 3631 §§ 1
– 4, 12-29-1997; Ord. No. 5038 § 1, 7-18-2006[R.O. 2008 § 605.020; R.O.
2007 § 605.020; CC 1978 § 605.020; Ord. No. 709 § 2, 7-9-1979; Ord.
No. 6007 § 1, 6-12-2014; Ord. No. 7102, 4-25-2024[1]]
A.
The following fee schedule shall apply to all merchants, businesses and occupations, manufacturers and warehouses except those exempted in Section 605.015, above, and any organization which has been designated as a 501(c)(3) organization by the Internal Revenue Service:
1.
Merchants (excluding warehouse and manufacturing).
a.
For the license year 2024-2025, the annual license fee per location for businesses defined as merchants in Section 605.010, above, shall be fifty dollars ($50.00) for businesses occupying up to ten thousand (10,000) square feet at the location to be licensed and an additional three cents ($0.03) per square foot for each additional square foot occupied by the licensee at the licensed location; provided, however that no license fee shall exceed five hundred dollars ($500.00) per year per licensed location.
b.
For the license year 2025-2026 and subsequent license years, the annual license fee per location for businesses defined as merchants in Section 605.010, above, shall be fifty dollars ($50.00) for businesses occupying up to five thousand (5,000) square feet at the location to be licensed and an additional three cents ($0.03) per square foot for each additional square foot occupied by the licensee at the licensed location; provided, however that no license fee shall exceed one thousand dollars ($1,000.00) per year per licensed location.
2.
Manufacturer/Warehouse.
a.
For the license year 2024-2025, the annual license fee per location for merchants engaged in manufacturing and/or warehousing as defined in Section 605.010, above, shall be fifty dollars ($50.00) for businesses occupying up to ten thousand (10,000) square feet at the location to be licensed and an additional two cents ($0.02) per square foot for each additional square foot occupied by the licensee at the licensed location; provided, however, that no license fee shall exceed five hundred dollars ($500.00) per year per licensed location.
b.
For the license year 2025-2026 and subsequent license years, the annual license fee per location for merchants engaged in manufacturing and/or warehousing as defined in Section 605.010, above, shall be fifty dollars ($50.00) for businesses occupying up to five thousand (5,000) square feet at the location to be licensed and an additional two cents ($0.02) per square foot for each additional square foot occupied by the licensee at the licensed location; provided, however, that no license fee shall exceed one thousand dollars ($1,000.00) per year per licensed location.
B.
All
licenses will be calculated based on a single use. The category assignment
will be made based on the use with the largest percentage of space.
C.
For
purposes of the license fee, the square footage computation will include
all square footage that is used in whole or in part to the benefit
of the business operation, including, but not limited to, all levels
of buildings, outdoor structures, outdoor storage of materials, goods,
or equipment and areas used for parking of business vehicles, but
excluding areas used for customer or employee vehicle parking.
D.
Whenever
an applicant is engaged in more than one (1) business at a single
location, the applicant may at his/her option, in lieu of making application
and paying for a separate license for each such occupation or business,
make application and pay for the occupation or business license for
the primary or principal business of the applicant at such address.
The applicant shall report the description of each business use to
the City and the square footage of each business separately if requested.
E.
License
information must be supplemented and updated if ownership or location
of the business within the City of O'Fallon is changed. No additional
fee will be charged to transfer a license to a new owner. If a license
is transferred to a new location in the City of O'Fallon and the business
occupies more space than at the previous location the license fee
will be recalculated and assessed based on the additional square footage
at the new location. No license fees will be refunded, prorated or
reduced if the licensee reduces the licensed area or ceases to engage
in business at the licensed premises during the licensed period. No
merchant shall engage in business at a new location until the notice
of such change has been provided to the City and a new business license
indicating the new location has been approved.
F.
The
following fee schedule will apply for late penalties if a merchant
engaged in business has not obtained or renewed their business license
in a timely manner.
1.
July 1 to July 31: Zero dollars ($0.00) license fees grace period.
2.
August 1 to August 31: Fifteen dollars ($15.00) or five percent (5%)
of annual fee, whichever is higher.
3.
September 1 to September 30: Twenty dollars ($20.00) or ten percent
(10%) of annual fee, whichever is higher.
4.
October 1 to October 31: Twenty-five dollars ($25.00) or fifteen
percent (15%) of annual fee, whichever is higher.
G.
The
benefits of a business license are as follows:
1.
Review prospective businesses for proper zoning.
2.
Ensure businesses obtain sales tax I.D. and workers' compensation
insurance, if necessary.
3.
Ensure emergency contact information is on file with Police Department.
4.
Allow measure of recourse if businesses are out of compliance with
ordinances.
5.
Provide complete database listing of all businesses operating within
City limits.
[1]
Editor's Note: Ord. No. 7102 also changed the title of this
Section from "Purchase Procedure" to "License Fees; Procedure."
[R.O. 2008 § 605.040; R.O. 2007
§ 605.040; CC 1978 § 605.040; Ord. No. 709 § 7, 7-9-1979; Ord.
No. 7102, 4-25-2024]
A.
No
license or permit provided for or required under any ordinance of
the City of O'Fallon, Missouri, shall hereafter be issued by the City
to any person, firm or corporation until the current municipal taxes
of the applicant for such license or permit shall have first been
paid.
B.
Each
applicant for a business license under this Chapter shall submit a
statement from the Missouri Department of Revenue pursuant to Section
144.083.4, RSMo., stating no tax is due, which statement is a prerequisite
for the issuance or renewal of a City business license. The statement
required by this Section shall be dated within ninety (90) days of
submission of the business license application or renewal application.
[R.O. 2008 § 605.050; R.O. 2007
§ 605.050; CC 1978 § 605.050; Ord. No. 709 § 8, 7-9-1979; Ord.
No. 7102, 4-25-2024]
It shall be the duty of the Director
of Finance to establish and promulgate rules and regulations relative
to an orderly method of checking whether all municipal taxes are paid
by such applicant.
A.
Any license issued by the City under this
Chapter may be suspended, revoked or otherwise disciplined or sanctioned
for good cause. Suspension, revocation or other form of discipline
or sanction shall be in addition to any other penalty or penalties
prescribed in this Chapter or available to the City by law. Good cause,
shall include, but not be limited to, any of the following reasons:
1.
Any failure to comply or any violation
of any provision of this Chapter or the regulations promulgated under
the authority of this Chapter by the licensee;
2.
Violation of the terms and conditions
upon which the license was issued;
3.
Violation of any ordinance of the
City regulating the licensee;
4.
Violation of any other Federal, State
or local law or regulation pertaining to the licensee or the activities
associated with the business subject to the license or occurring upon
the property where the establishment is located or the business is
conducted;
5.
Failure of the licensee to pay any
tax, fee, fine or other governmental charge required by law, including
the payment of municipal taxes and the remission of sales taxes;
6.
Illegal or improper issuance of the
license;
7.
Any misrepresentation, misleading
statement of fact, or false statement in the application for such
license;
8.
Causing, maintaining, or failing
to address any condition constituting a nuisance, whether public or
private;
9.
Failure to obtain or maintain any
license from the State or other regulatory authority which is required
for the operation of the business subject to the license.
B.
Procedure.
1.
In any case in which there is reason
to believe a license issued pursuant to this Chapter may be subject
to suspension, revocation or other discipline, the notice of violation
shall be issued to the business or establishment of the violations
or other grounds warranting suspension, revocation or other discipline.
The notice shall order the licensee or owner or operator of the business
(if different than the licensee) to appear before the Director of
Finance, or his or her designee, at such time and place as determined
by the Director of Finance, to show cause, if any, why the business
license or other permit should not be suspended, revoked or otherwise
disciplined or sanctioned. Every person required to appear shall have
at least ten (10) days' notice thereof.
2.
Such notice shall be signed by the
Director of Finance, or his or her designee. The notice shall be served
upon that person by delivering a copy thereof to the person, or by
leaving a copy at his/her residence with some member of the family
or household over fifteen (15) years of age, or upon any corporation
by delivering the copy thereof to the registered agent or to any other
officer at any business office of the corporation within the City.
If the notice cannot be given for the reason that the person named
in the notice or his/her agent cannot be found in the City, of which
fact the return upon such notice of the officer serving the same shall
be conclusive evidence, such notice shall be mailed to such person
and posted at the property which is the site of the business or mailed
to such person and published in a newspaper within the City once at
least seven (7) days before the time fixed for the parties to appear.
The cost of the mailing and publication shall be assessed against
the licensee.
3.
During the period the hearing is
pending before the Director of Finance, the licensee shall be permitted
to continue the operation of the business; provided, however, that
the pending nature of such hearing shall not preclude prosecution
for violation of the ordinances of the City occurring during such
period.
4.
If, after hearing all the evidence,
it is determined that there are grounds for suspension, revocation
or other discipline of the business license, the Director of Finance,
or his or her designee, shall make such order as he or she deems reasonable.
The order shall be served in the manner provided in this Section for
service of the notice of violation.
5.
The decision of the Director of Finance
may be appealed by filing an appeal, on such forms as prescribed by
the City, with the City Administrator within seven (7) days from the
Director's decision. The appeal form shall set forth, at a minimum,
the detailed grounds for such appeal and such further information
as requested on the appeal form. The filing of a request for review
by the City Administrator shall not stay the outcome of the Director's
determination unless the Administrator shall suspend the effect of
the determination upon request of the aggrieved party.
6.
The City Administrator shall review
the decision of the Director of Finance either, within the Administrator's
sole discretion, upon the record previously made or upon a new hearing
and shall issue a written decision to all parties.
7.
The Administrator's decision may
be subject to judicial review in the Circuit Court of St. Charles
County if an aggrieved party files an appropriate petition for judicial
review within fifteen (15) days of the Administrator's decision.
8.
Upon suspension or revocation of
a business license, the owner and/or operator of the business shall
immediately cease operation of the business at the location set forth
in the order.
9.
In the event that a licensee whose
license has been revoked pursuant to this Section, or a related entity
of a licensee whose license has been revoked pursuant to this Section,
shall thereafter apply for a substantially similar license, the licensing
official may take into account the act(s) and circumstances which
led to the revocation in considering the new application.
[R.O. 2008 § 605.070; R.O. 2007
§ 605.070; CC 1978 § 605.070; Ord. No. 709 § 5, 7-9-1979; Ord.
No. 7102, 4-25-2024]
Any merchant doing business in the
City of O'Fallon who does not obtain and/or display an O'Fallon business
license shall be liable in the Municipal Court of the City of O'Fallon
for a fine of not less than ten dollars ($10.00) nor more than five
hundred dollars ($500.00) plus the cost of the license and Court costs.
Each day such violation continues shall be a separate offense and
the violator shall be liable for separate fines therefor.
[R.O. 2008 § 605.080; Ord. No. 5159 § 1, 3-22-2007; Ord.
No. 5879 § 1, 5-9-2013; Ord. No. 7102, 4-25-2024]
A.
CANVASSER
1.
2.
ISSUING OFFICER
PEDDLER
SOLICITOR
1.
2.
Definitions. As used in this Section, the
following words have the meaning indicated:
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of:
Attempting to enlist support for
or against a particular religion, philosophy, ideology, political
party, issue or candidate, even if incidental to such purpose the
canvasser accepts the donation of money for or against such cause;
or
Distributing a handbill or flyer
advertising a non-commercial event or service.
The Finance Officer for the City of O'Fallon, Missouri, or
his/her designee.
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of attempting to sell a
good or service. A "peddler" does not include a person who distributes
handbills or flyers for a commercial purpose, advertising an event,
activity, good or service that is offered to the resident for purchase
at a location away from the residence or at a time different from
the time of visit. Such a person is a "solicitor."
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of:
Attempting to obtain a donation to
a particular patriotic, philanthropic, social service, welfare, benevolent,
educational, civic, fraternal, charitable, political or religious
purpose, even if incidental to such purpose there is the sale of some
good or service; or
Distributing a handbill or flyer
advertising a commercial event or service.
B.
Exception. Section 605.080 shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his/her duty for his/her employer.
C.
Identification Card Required For Peddlers And Solicitors, Available For Canvassers. No person shall act as a peddler or as a solicitor within the City without first obtaining an identification card in accordance with Section 605.080. A canvasser is not required to have an identification card but any canvasser wanting an identification card for the purpose of reassuring City residents of the canvasser's good faith shall be issued one upon request.
D.
Fee. The fee for the issuance of each identification
card shall be:
1.
For a peddler or solicitor: Ten dollars
($10.00) per day per person.
2.
For an organization or business on whose behalf the peddler(s) or solicitor(s) are acting: Two hundred dollars ($200.00) for all or any part of a license year (as defined in Section 605.010, above).
3.
For a canvasser requesting an identification
card: No fee.
|
Provided, however, that any merchant as defined in Section 605.010 above:
|
a.
Having a place of business in the
City of O'Fallon; and
b.
Paying property, sales or gross receipts
taxes to the City of O'Fallon; and
c.
Having a current, valid business license in accord with Section 605.020 above, or exempt from the obligation to have a City license by reason of Section 605.015 above,
|
shall be entitled to the issuance of peddler or solicitor identification cards valid for up to twenty (20) solicitation days (i.e., the combined total of the number of cards and the number of days for which they are valid) per calendar year without paying the per-day fee set forth above, if all other requirements for the issuance of such cards are satisfied. The partial waiver of per-day fees provided herein shall not be applicable to licensees operating under Chapters 607, 610, 615, 625, 630, or 635, below.
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E.
Application For Identification Card. Any
person or organization (formal or informal) may apply for one (1)
or more identification cards by completing an application form at
the office of the issuing officer during regular office hours.
F.
Contents Of Application. The applicant
(person or organization) shall provide the following information:
1.
Name of applicant.
2.
Number of identification cards required.
3.
The name, physical description and
photograph of each person for whom a card is requested. In lieu of
this information, a driver's license, State identification card, passport,
or other government-issued identification card (issued by a government
within the United States) containing this information may be provided,
and a photocopy taken. If a photograph is not supplied, the City will
take a photograph of each person for which a card is requested at
the application site. The actual cost of the photograph will be paid
by the applicant.
4.
The permanent and (if any) local
address of the applicant.
5.
The permanent and (if any) local
address of each person for whom a card is requested.
6.
A brief description of the proposed
activity related to this identification card. (Copies of literature
to be distributed may be substituted for this description at the option
of the applicant.)
7.
Date and place of birth for each
person for whom a card is requested and (if available) the Social
Security number of such person.
8.
A list of all infraction, offense,
misdemeanor and felony convictions of each person for whom a card
is requested for the seven (7) years immediately prior to the application,
the application shall also be accompanied by a "criminal history records"
name search report from the Missouri Highway Patrol issued not more
than one (1) year prior to the date of application, and, if the applicant
has not been a Missouri resident throughout the preceding seven (7)
years, documentation showing that the Missouri Highway Patrol report
encompassed criminal history record data for each State in which the
applicant was a resident during that period, or by a substantially
similar report from each State in which the applicant was a resident
within the preceding seven (7) years.
9.
The motor vehicle make, model, year,
color and State license plate number of any vehicle which will be
used by each person for whom a card is requested.
10.
If a card is requested for a peddler:
a.
The name and permanent address of
the business offering the event, activity, good or service (i.e.,
the peddler's principal).
b.
A copy of the principal's current
and valid sales tax license as issued by the State of Missouri, provided
that no copy of a license shall be required of any business which
appears on the City's annual report of sales tax payees as provided
by the Missouri Department of Revenue. The principal must also be
current in any obligations to the City, including, but not limited
to, any necessary business license or other fees or permits, if the
principal has any such obligations.
c.
The location where books and records
are kept of sales which occur within the City and which are available
for City inspection to determine that all City sales taxes have been
paid.
11.
If a card is requested for a solicitor:
12.
Any other information the applicant
wishes to provide, perhaps including copies of literature to be distributed,
references to other municipalities where similar activities have occurred,
etc.
G.
Issuance Of Identification Card. The identification
card(s) shall be issued promptly after application but in all cases
within sixteen (16) business hours of completion of an application,
unless it is determined within that time that:
1.
The applicant has been convicted
of a felony or a misdemeanor involving moral turpitude within the
past seven (7) years; or
2.
With respect to a particular card,
the individual for whom a card is requested has been convicted of
any felony or a misdemeanor involving moral turpitude within the past
seven (7) years; or
3.
Any statement upon the application
is false, unless the applicant can demonstrate that the falsehood
was the result of excusable neglect.
H.
Investigation.
1.
During the period of time following the application for one (1) or more identification cards and its issuance, the City shall investigate as to the truth and accuracy of the information contained in the application. If the City has not completed this investigation within the sixteen (16) business hours provided in Section 605.080(G), the identification card will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation.
2.
If a canvasser requests an identification
card, the investigation will proceed as described above, but if the
City refuses to issue the identification card (or revokes it after
issuance), the canvasser will be advised that the failure to procure
an identification card does not prevent him/her from canvassing the
residents of the City.
I.
Denial — Administrative Revocation.
If the issuing officer denies (or upon completion of an investigation
revokes) the identification card to one (1) or more persons, he/she
shall immediately convey the decision to the applicant orally and
shall within sixteen (16) working hours after the denial prepare a
written report of the reason for the denial which shall be immediately
made available to the applicant. Upon receipt of the oral notification,
and even before the preparation of the written report, the applicant
shall have at his/her option an appeal of the denial of his/her application
before the City Administrator.
J.
Hearing On Appeal. If the applicant requests a hearing under Section 605.080(I), review from the decision (on the record of the hearing) shall be had to the Circuit Court of St. Charles County if the applicant files a petition for judicial review pursuant to Chapter 536, RSMo., within five (5) days of the City Administrator's decision.
K.
Display Of Identification Card. Each identification
card shall (when the individual for whom it was issued is acting as
a peddler or solicitor) be worn on the outer clothing of the individual,
as so to be reasonably visible to any person who might be approached
by said person.
L.
Validity Of Identification Card. An identification card shall be valid within the meaning of Section 605.080 for the length of the license period requested, up to a maximum period of two (2) months, from its date of issuance.
M.
Revocation Of Card. In addition to the
administrative revocation of an identification card, a card may be
revoked for any of the following reasons:
1.
Any violation of this Section 605.080 by the applicant or by the person for whom the particular card was issued.
2.
Fraud, misrepresentation or incorrect
statement made in the course of carrying on the activity.
3.
Conviction of any felony or a misdemeanor
involving moral turpitude within the last seven (7) years.
4.
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.
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The revocation procedure shall be initiated by the filing of a complaint by the issuing officer and a hearing before the City Administrator in accord with Section 605.080(I) above.
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N.
Distribution Of Handbills And Commercial Flyers. In addition to the other regulations contained in Section 605.080 and this Code of Ordinances, a solicitor or canvasser leaving handbills or commercial flyers about the community shall observe the following regulations:
1.
No handbill or flyer shall be left
at, or attached to any sign, utility pole, transit shelter or other
structure within the public right-of-way. The Police are authorized
to remove any handbill or flyer found within the right-of-way.
2.
No handbill or flyer shall be left
at, or attached to any privately owned property in a manner that causes
damage to such privately owned property.
3.
No handbill or flyer shall be left at, or attached to, any of the property having a "no solicitor" sign of the type described in Section 605.080(O)(1) or (2).
4.
No person shall throw, deposit or
distribute any handbill or flyer upon private premises which are inhabited
except by handing or transmitting same directly to some person then
present upon such private premises. Provided, however, that in the
case of inhabited private premises which are not posted against solicitors
or solicitors and canvassers, a solicitor or canvasser, unless requested
not to do so by someone on such premises, may place or deposit any
such handbill or flyer in or upon such premises if such handbill or
flyer is so placed or deposited as to secure or prevent such handbill
or flyer from being blown away or drifting about such premises or
sidewalks, streets or other public places; and further, provided,
that mailboxes may not be used for handbills or flyers unless specifically
allowed by Federal law.
5.
Any person observed distributing
handbills or flyers shall be required to identify himself/herself
to the Police (either by producing an identification card or other
form of identification). This is for the purpose of knowing the likely
identity of the perpetrator if the City receives a complaint of damage
caused to private property during the distribution of handbills or
flyers.
O.
General Prohibitions. No peddler, solicitor
or canvasser shall:
1.
Enter upon any private property where
the property has clearly posted in the front yard a sign visible from
the right-of-way (public or private) indicating a prohibition against
peddling, soliciting and/or canvassing as the case may be. Such sign
need not exceed one (1) square foot in size and may contain the words
"no soliciting" or "no solicitors," "no peddling" or "no peddlers,"
or "no canvassing" or "no canvassers," or any combination thereof,
in letters of at least two (2) inches in height.
2.
Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or dwelling at which guests would normally enter, which sign contains the words similar to that specified in Subsection (O)(1) above, and which is clearly visible to the peddler, solicitor or canvasser.
3.
Use or attempt to use any entrance
other than the front or main entrance to the dwelling or step from
the sidewalk or indicated walkway (where one exists) leading from
the right-of-way to the front or main entrance, except by express
invitation of the resident or occupant of the property.
4.
Remove any yard sign, door or entrance
sign that gives notice to such person that the resident or occupant
does not invite visitors.
5.
Use or attempt to use any entrance
other than the front or main entrance to the dwelling or step from
the sidewalk or indicated walkway (where one exists) leading from
the right-of-way to the front or main entrance, except by express
invitation of the resident or occupant of the property.
6.
Enter upon the property of another
except between the hours of 9:00 A.M. and 8:00 P.M. in the hours of
Central Standard Time and 9:00 A.M. and 9:00 P.M. in the hours of
Central Daylight Time.
|
Except that the above prohibitions
shall not apply when the peddler, solicitor or canvasser has an express
invitation from the resident or occupant of a dwelling allowing him/her
to enter upon any posted property.
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[R.O. 2008 § 605.090; R.O. 2007
§ 605.090; CC 1978 § 605.090; Ord. No. 301 § 1, 11-2-1967; Ord.
No. 4205 §§ 1 – 2, 6-14-2001]
A.
Purpose. The purpose of these regulations
is to regulate the location, placement and duration of temporary tents
in commercial areas.
B.
Exceptions. The following regulations shall
not apply to construction trailers or any other sort of temporary
shelter as otherwise regulated within the Municipal Code of the City
of O'Fallon.
C.
COMMERCIAL USE
TENT
Definitions. For the purposes of this Section,
the following definitions apply:
Areas zoned "C-O," "C-1," "C-2," C-3," "I-1," I-2" and "HTCD"
occupied by an existing non-residential land use.
A temporary shelter of any kind, typically without a foundation
and/or able to be removed by means of, but not limited to, transportation
and/or disassembly.
D.
Permits. No person or persons, company
or corporation shall construct a tent of any type material within
the corporate limits of the City of O'Fallon for commercial use without
first obtaining a permit from the City of O'Fallon. No tents shall
be erected prior to the issuance of an approved permit.
1.
Permit Length. Thirty (30) days.
Additional time may only be granted through the approval of a conditional
use permit.
2.
Frequency. One (1) permit per calendar
year shall be issued per commercial business. In the case of multiple-tenant
buildings, only one (1) permit shall be allowed at a time.
3.
Cost Of Permit. Two hundred dollars
($200.00). One hundred dollars ($100.00) of the permit fee is to be
held as a refundable deposit, payable to the applicant if all the
conditions of the permit are met to the satisfaction of the City of
O'Fallon.
F.
Uses For Tents. Tents may be only used
as an accessory use to an existing primary use permitted within the
applicable zoning district.
G.
Conditions For Tent Approval. The following
conditions, at a minimum, are to be considered by staff for approval
of a tent permit:
1.
May not be located within any required
yards or bufferyards;
2.
May not be located within the sight
triangles for any intersections, public or private;
3.
May not reduce the available parking spaces below what is required for the site through Chapter 400, Zoning Code, of the Code of the City of O'Fallon;
4.
Shall be located upon a hard surfaced
area;
5.
Are subject to any applicable building
or Fire Department codes or regulations;
6.
All signage must be compliant with Chapter 410, Signage Regulations, of the Code of the City of O'Fallon; and
7.
May be subject to additional conditions
as deemed necessary to protect the public health, safety and welfare
by the applicable fire district, the O'Fallon Police Department and/or
the City of O'Fallon.
H.
Removal. Tents must be dismantled and removed
within twenty-four (24) hours from the expiration date of the permit.
Failure to comply with the removal provisions will result in an automatic
forfeiture of the refundable deposit. Failure to comply with the removal
provisions within seventy-two (72) hours from the expiration date
of the permit may result in citation from the City of O'Fallon, subject
to a fine of not more than five hundred dollars ($500.00) for each
subsequent day of non-compliance.
[R.O. 2008 § 605.100; R.O. 2007
§ 605.100; Ord. No. 4507 § 1, 4-21-2003]
It shall be unlawful for any person
or organization to conduct or be engaged directly or indirectly in
peddling, hawking, huckstering, selling, soliciting or offering to
sell by direct solicitation any service or merchandise of any kind
or nature in any right-of-way, City streets, highways, alleys or thoroughfares
within the City, or by their conduct to invite any person or persons
to come into the right-of-way for such purpose. No provision of this
Section shall pertain to the sale of newspapers and news periodicals
as provided by law from racks.
[R.O. 2008 § 605.110]
A.
In addition to any requirements imposed
by zoning or other ordinances of the City, businesses operating within
the City limits of O'Fallon and which are involved in the sale of
new and used automobiles and other motor vehicles shall be subject
to the following licensing and regulatory requirements:
1.
Obtain a merchant's license for such
use of the business premises which shall be subject to renewal requirements.
2.
Submit a plat to the City Planner
delineating the location on the business premises where the vehicles
will be located.
3.
Not display in open view any used
cars or trucks in a dismantled or inoperable condition.
4.
Not obstruct traffic or endanger
ingress or egress from the business premises or from adjoining streets.
5.
Not obstruct or encroach upon sidewalk
or walkway areas of the business premises or road right-of-way.
6.
Obtain and display on the business
premises a current State license to sell motor vehicles.
7.
Display only such signs or advertisements
on or about the vehicles for which permits have been obtained from
the City.
8.
Maintain a list of the owners of
the used vehicles for sale together with their vehicle inspection
numbers and permit the inspection thereof by O'Fallon Police Officers.
9.
Not park any used vehicles for sale
off of a paved or concrete surface.
10.
Display Missouri dealer tags if more
than two (2) vehicles are sold from the premises during any calendar
year.
11.
Have a background check conducted
by the Police Department of the City of O'Fallon with results being
submitted to the City Council for consideration of status as conditional
use.
12.
Any person placing, or allowing to
be placed, on the property of another any vehicle marked advertised
for sale, without the real property owner's permission, shall be subject
to prosecution under this Chapter.
[R.O. 2008 § 605.120; Ord. No. 5545 § 1, 1-14-2010; Ord.
No. 5584 § 2, 4-20-2010; Ord. No. 5706 § 1, 6-9-2011]
A business license fee of three dollars
($3.00) is hereby levied on those engaged in the business of collecting
or hauling trash or waste materials from commercial or industrial
facilities in the City per year for each cubic yard or portion thereof
of rated capacity for each container located in the City.
