[R.O. 2011 § 605.010; R.O. 2009
§ 110.001; CC 1981 § 16-1; Ord. No. 80-37, 3-25-1980; Ord. No. 83-115, 12-21-1983; Ord.
No. 19-198, 10-1-2019; Ord. No. 23-145, 12-5-2023]
A. As
used in any ordinance/Code Section regulating business or requiring
a license for the operation of a business, the following terms shall
have the following meanings, except where the context clearly indicates
that a different meaning is intended and except where an ordinance/Code
Section concerning a particular business contains a specific provision
to the contrary with the specific provision controlling:
APPLICANT
Any person who applies for a license as required by any ordinance/Code
Section of the City of St. Charles.
CODE
Most recently published Code of the City of St. Charles as
amended from time to time.
GROSS RECEIPTS
The aggregate amount of all sales and charges of the commodities
described in the definition of "public utility" contained in this
Section made by a public utility in the City during any period, less
discounts, credits, refunds, sales taxes and uncollectible accounts
actually charged off during the periods.
HOTEL, MOTEL OR TOURIST COURT
Any structure or building. under one (1) management, which
contains rooms furnished for the accommodation or lodging of guests,
with or without meals being so provided, and kept, used, maintained,
advertised or held out to the public as a place where sleeping accommodations
are sought for pay or compensation to transient guests or permanent
guests and having more than eight (8) bedrooms furnished for the accommodations
of such guests.
ITINERANT MERCHANT
Any person, whether as owner, agent, consignee or employee,
who engages in a temporary business for any period of time and who,
for the purpose of conducting such business, occupies or uses any
parcel of land, building, tent, room, apartment, shop, store, structure,
or uses a vehicle parked on premises where said person does not have
the exclusive right of possession under ownership, lease or rental
agreement, or any other non-permanent location or other place within
the City for the purpose of offering to purchase or sell such goods,
wares. and merchandise, either privately, publicly or at public auction.
MERCHANT
A person, business or other legal entity doing business within
the City of St. Charles, except for a 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.
PEDDLER/SOLICITOR
A person or group who conducts a business, profession, or
occupation other than a business, profession or occupation specifically
identified in this or other City ordinances and which business, profession
or occupation is conducted by traveling to individual residential
units in a door-to-door manner. The definition shall specifically
include but not be limited to the selling of services, goods, wares
and merchandise and the act of soliciting as defined herein. Operations
selling their excess homegrown produce at their property shall not
be considered peddlers/solicitors and shall not be required to be
licensed.
PROMOTER/SPONSOR
Any person, persons, landowner, tenant or lessee engaged
in or connected with the presentation of an outdoor musical festival.
PUBLIC UTILITY
Includes every pipeline corporation, gas corporation, electrical
corporation, water corporation, heat or refrigerating corporation,
and sewer corporation. as these terms are defined in the Code, and
each thereof is hereby declared to be a public utility.
SOLICITING
A person engages in soliciting when:
1.
Collecting or attempting to collect from any person, money,
donations, property, services, merchandise or financial assistance
of any kind, including for charitable purposes:
2.
Obtaining or seeking to obtain, from any person, rides in a
vehicle, business, or employment; or
3.
Gifting, selling or offering to sell to any person any article,
service, publication, advertisement, ticket or subscription of any
kind for any purpose.
TAXICAB
Any motor vehicle performing a bona fide for hire taxicab
service having a capacity of not more than five (5) passengers, exclusive
of the driver, and not operated on a regular route or between fixed
termini.
TOW TRUCK
A mechanically propelled vehicle equipped with a device used
to hoist and tow, transport, convey or move other vehicles from place
to place upon authorization of the owner, his/her lawful agent or
representative.
B. The following occupations, trades, businesses,
subjects, callings, vocations and professions shall be required to
procure a license to do business in the City:
Bill poster/billboards;
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Bed and breakfast establishments;
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General merchants;
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Hotels and motels;
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Itinerant merchants and promoters;
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Junk dealers, pawnbrokers and short-term loan establishments;
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Manufacturing/corporations;
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Massage technicians;
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Precious metals and gems;
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Retail merchants;
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Vehicles for hire/transportation related.
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C. 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.
D. 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 St. Charles.
E. A home-based
business shall be subject to and defined as in Section 71.990, RSMo.
[R.O. 2011 § 605.020; R.O. 2009
§ 110.002; CC 1981 § 16-2; Ord. No. 80-37, 3-25-1980; Ord. No. 83-115, 12-21-1983; Ord. No. 96-54, 2-21-1996]
No person shall engage in any occupation, trade, business, subject, calling, vocation or profession expressly named in Section
605.010 or impliedly encompassed within Section
605.010 by reason of engaging in a trade, business, subject, calling, vocation, profession or like occupation as those expressed in Section
605.010 without first obtaining from the Director of Finance a license upon the payment of a license fee as provided in this Title.
[R.O. 2011 § 605.030; R.O. 2009
§ 110.003; CC 1981 § 16-12; Ord. No. 83-115, 12-21-1983; Ord. No. 16-170 § 1, 9-6-2016; Ord.
No. 23-145, 12-5-2023]
It shall be unlawful for any person, either as principal or agent, to pursue, conduct, carry on or operate within the City any calling, trade, business, vocation, occupation or profession mentioned in Section
605.010 without paying the license fee fixed in Section
150.030 and obtaining the license as required and prescribed by this Chapter, subject to regulations hereinafter provided. A separate offense shall be deemed committed each day any person conducts business without a license.
[R.O. 2011 § 605.040; R.O. 2009
§ 110.004; CC 1981 § 16-13; Ord. No. 83-115, 12-21-1983; Ord. No. 23-145, 12-5-2023]
No license provided for in this Chapter shall be issued until the amount prescribed as fee therefor shall have been paid to the Director of Finance as provided in Section
150.030.
[R.O. 2011 § 605.050; R.O. 2009
§ 110.005; CC 1981 § 16-14; Ord. No. 83-115, 12-21-1983]
A. No license provided for or required under
the provisions of this Code of Ordinances or any other ordinance of
the City shall be issued by the City to any person until the personal
tax and merchants ad valorem tax for the year next preceding the year
for which such license is issued shall first have been paid.
B. It shall be the duty of the Director of
Finance to establish and promulgate rules and regulations relative
to an orderly method of checking unpaid City personal taxes and merchants'
ad valorem taxes in order to determine the amounts thereof due and
owing to the City by such applicant.
C. In addition to the provisions of Section 144.083(2), RSMo., beginning
January 1, 2009, the possession of a statement from the Department
of Revenue stating no tax is due under Sections 143.191 to 143.265,
RSMo., or Sections 144.010 to 144.510, RSMo., shall also be a prerequisite
to the issuance or renewal of any City or county occupation license
or any State license required for conducting any business where goods
are sold at retail. The statement of no tax due shall be dated no
longer than ninety (90) days before the date of submission for application
or renewal of the City or county license.
[R.O. 2011 § 605.060; R.O. 2009
§ 110.006; CC 1981 § 16-15; Ord. No. 78-24, 4-5-1978; Ord. No. 83-115, 12-21-1983]
All licenses issued under the provision
of this Chapter shall be issued only upon an application form supplied
by the Director of Finance and prepared by the applicant or his/her
duly authorized agent.
[R.O. 2011 § 605.070; R.O. 2009
§ 110.007; CC 1981 § 16-16; Ord. No. 80-37, 3-25-1980; Ord. No. 83-115, 12-21-1983; Ord. No. 92-40, 3-18-1992; Ord. No. 23-145, 12-5-2023]
A. The
license required by this Chapter shall be effective from January 1
through December 31 in a given calendar year. Renewal applications
and fees shall be filed on or before January 1 for: general merchants,
manufacturing/corporations, bill poster/billboards, bed and breakfast
establishments, hotels and motels, junk dealers, pawnbrokers and short-term
loan establishments. precious metals and gems, itinerant merchants
and promoters, vehicles for hire/transportation related, and massage
technicians.
B. The
license required by this Chapter shall be effective from April 1 through
March 31 in a given calendar year. Renewal applications and fees shall
be filed on or before April 1 for retail merchants.
[R.O. 2011 § 605.080; R.O. 2009
§ 110.008; CC 1981 § 16-17; Ord. No. 83-115, 12-20-1983; Ord. No. 99-380, 11-4-1999]
No license provided for in this Chapter
shall be assigned or transferred, except by permission of the Finance
Director in case the licensee sells his/her stock of goods to a person
continuing the business at the same place, nor shall any such license
authorize the holder thereof to do business thereunder at more than
one (1) place at the same time.
[R.O. 2011 § 605.090; R.O. 2009
§ 110.009; CC 1981 § 16-18; Ord. No. 83-115, 12-21-1983; Ord. No. 13-127§ 2, 7-2-2013]
Upon payment of the license fee,
the Director of Finance shall issue a license designating the year
for which the license is issued and a number identical with the number
of the application and such other information as may be required.
It shall be the duty of the licensee to display such certificate conspicuously
in the place of business or within the vehicle or machine for which
the same was issued, and the certificate shall not be used for any
other place of business, vehicle or machine.
[R.O. 2011 § 605.100; R.O. 2009
§ 110.010; CC 1981 § 16-19; Ord. No. 83-115, 12-21-1983]
Except as otherwise specially provided
in this Chapter, when two (2) or more businesses are operated together
at the same place or stand by the same person, such person shall pay
but one (1) license fee under the provisions of this Chapter, which
shall be the license fee that is paid upon the branch of the business
for which the highest license fee is imposed.
[R.O. 2011 § 605.110; R.O. 2009
§ 110.011; CC 1981 § 16-20; Ord. No. 83-115, 12-21-1983]
Where any person is prohibited from
carrying on any business, trade, calling, vocation or profession without
paying for and obtaining a license therefor as provided in this Chapter,
it shall be unlawful for any servant, agent, officer or employee of
such person to conduct or carry on or aid in conducting or carrying
on such business, trade, calling, vocation or profession or any part
thereof for which the required license has not first been obtained
as required.
[R.O. 2011 § 605.120; R.O. 2009
§ 110.012; CC 1981 § 16-21; Ord. No. 80-37, 3-25-1980; Ord. No. 83-115, 12-21-1983; Ord. No. 92-58, 4-14-1992; Ord. No. 93-166, 7-21-1993]
A. No free licenses shall be granted or rebates
allowed for any cause or any sum accepted less than the amount specified
in this Chapter or any license issued for a shorter period of time
than provided in this Chapter. Upon petition to and action by the
City Council, the City may allow exceptions to this Section and authorize
free licenses or rebates hereunder by applicants upon satisfactory
evidence of unavoidable misfortune or poverty on the part of the applicant.
B. No license fee under this Chapter shall
be charged to schools or to fraternal, civic, service, veteran, religious
or charitable organizations.
[R.O. 2011 § 605.130; R.O. 2009
§ 110.013; CC 1981 § 16-22; Ord. No. 83-115, 12-21-1983]
License fees will be reduced by one-half
(1/2) after one-half (1/2) of license period is past. This does not
apply to retail merchants whose fees are based on gross sales.
[R.O. 2011 § 605.140; R.O. 2009
§ 110.014; CC 1981 § 16-23; Ord. No. 83-115, 12-21-1983; Ord. No. 90-253, 9-21-1990; Ord. No. 95-46, 2-16-1995]
A. It shall be the duty of the Director of
Finance to collect all monies for licenses issued under the provisions
of this Chapter and to keep an accurate register of all such licenses
issued by him/her in such form as will clearly show what licenses
are in force, to whom issued, the occupation, business, object or
subject for which issued, the term for which issued and the amount
paid.
B. The Director of Finance and/or the Chief
of Police may enter every place of business subject to license under
this Chapter within the City, during normal business hours, to ascertain
whether such place of business is operating in conformity with the
terms specified in this Chapter.
C. The Director of Finance and/or the Chief
of Police may inspect the operations of any person found pursuing,
carrying on or operating any calling, trade, business, vocation, occupation
or profession mentioned in this Chapter.
D. Whenever, in accordance with Section 144.083(1),
RSMo., the State retail sales license of a business has been revoked
by the Missouri Director of Revenue and pursuant to Section 144.083(2),
RSMo., the business license issued by authority of this Chapter is
rendered null and void, the Director of Finance may order the business
to cease further sales in the City. It shall be a violation of this
Chapter for a business to continue retail sales after an order to
cease further sales in the City has been issued by the Director of
Finance. If a business continues retail sales after an order to cease
has been issued by the Director of Finance, the City Attorney is authorized
to seek an injunction, in addition to other remedies, from the Circuit
Court of the County to prohibit the business from making further retail
sales.
E. When a business receives three (3) or more
citations for violations of the zoning code, building code, or property
maintenance code and the violations are not abated or corrected after
thirty (30) days, the Director of Finance shall revoke the business
license. An application for reinstatement of the business license
shall not be accepted by the Department of Finance unless and until
the Director of Community Development certifies to the Director of
Finance, in writing, that the code violations have been abated or
corrected and the business is in compliance with the specified codes.
[Ord. No. 20-032, 3-3-2020]
[R.O. 2011 § 605.150; R.O. 2009
§ 110.015; CC 1981 § 16-24; Ord. No. 83-115, 12-21-1983; Ord. No. 96-252, 9-11-1996; Ord. No. 23-145, 12-5-2023]
A. Any person delinquent in the payment of
the required business license shall pay a late payment penalty as
follows:
1.
Twenty-five percent (25%) of the
license fee for the first month delinquent and twenty-five percent
(25%) of the license fee for each month thereafter. A maximum of fifty
percent (50%) of the license fee may be charged.
[R.O. 2011 § 605.170; R.O. 2009
§ 110.017; CC 1981 § 16-26; Ord. No. 80-37, 3-25-1980; Ord. No. 83-9, 2-2-1983; Ord. No. 83-115, 12-21-1983; Ord. No. 96-252, 9-11-1996]
A. Every manufacturing and other corporation
or institution shall pay an annual license fee based upon the amount
of square footage of business premises occupied by said manufacturing
business.
B. For purposes of computation of the license
fee provided for herein, the term "square footage" shall include the
actual square footage as determined by the Mayor and City Council
or their designee from building permits, plans and the like on record
or other credible evidence of each building, structure establishment
or facility used for the manufacturing, selling, showing or storage
of merchandise or the transaction or conduct of any business or commercial
pursuit whatsoever. However, the term "square footage" shall not include
any area used exclusively for customer or employee parking of vehicles.
Further, any area not under roof that is used for business purposes
shall be included within the meaning of the term "square footage"
as defined herein; but for purposes of computation of aggregate square
footage for application of the license fee promoted herein, such area
shall be taxed at one-half (1/2) the normal rate provided below, based
upon the reduced amount of inspection, regulation and protection required
for such areas.
C. The license fee provided for herein shall be computed as set forth in Section
150.030.
[Ord. No. 22-168, 12-20-2022]
D. Nothing in this Section shall be construed
to require any manufacturing corporation or institution paying the
license fee required in this Section to pay any additional business
license fee under this Chapter, except such vehicle license fee as
may be prescribed by this Chapter or any other ordinance of the City
and excepting such ad valorem tax as may be assessed and levied by
ordinance.
[R.O. 2011 § 605.180; R.O. 2009
§ 110.018; CC 1981 § 16-3]
As used in this Chapter, the word
"billboard" shall mean any structure at least sixty (60) square feet
in area or portion thereof upon which an advertisement is placed,
painted or printed, advertising a person, thing or product not located
or sold on the lot upon which the billboard is located.
[R.O. 2011 § 605.190; R.O. 2009
§ 110.019; Ord. No. 96-119, 4-22-1996]
A. Definition. For the purposes of this Section,
the following word shall have the following meaning:
BED-AND-BREAKFAST ESTABLISHMENT
A building having not more than six (6) guest rooms where
travelers for compensation are lodged for sleeping purposes and are
provided a morning meal.
B. License. Any person engaging in the business of a bed-and-breakfast establishment shall obtain a license. The annual fee for the business license shall be either the amount stated in Section
150.030 for two (2) rooms or less or the amount stated for more than two (2) rooms.
[Ord. No. 22-168, 12-20-2022]
C. Qualifications.
1.
The applicant for the license shall
be, and shall remain through the term of the license, in fact actively
engaged in the actual control and management of the particular bed-and-breakfast
establishment for which the license is sought.
2.
No license shall be granted to any
individual who owes any delinquent taxes or fees to the City, unless
the taxes or fees have been challenged or contested in a court proceeding
or in a manner prescribed by law.
D. Licensing Procedure.
1.
License application shall be filed
with the Director of Finance.
2.
The licensee shall file with the
Director of Finance the name, address and telephone number of one
(1) or more persons authorized to act for the licensee in emergencies.
Failure to file and to maintain throughout the term of the license
accurate information as required by this Section may result in suspension
or termination of the license.
3.
A guest register shall be maintained.
4.
The grant of the license may be conditioned
upon the completion of construction of the premises upon which sale
is to be made within a time period prescribed and upon compliance
with all fire and building codes and regulations.
5.
The grant of the license shall be
conditioned upon the provision of a telephone for emergency use in
each guest room or in a common area. Emergency telephone numbers shall
be available at all times next to each such telephone. The list of
emergency telephone numbers shall include at least the contact number
of the licensee or representative and the emergency numbers for the
Police and Fire Department.
E. Safety Inspections. The bed-and-breakfast
establishment shall be inspected annually by the Fire Department and
may be inspected annually by the Department of City Development to
determine compliance with the safety requirements of the City Code.
Failure to comply with the safety requirements within thirty (30)
days of written notification may result in termination of the license.