Charter Reference — Authority to regulate and levy tax, §3.06(23).
Cross Reference — Emergency alarms systems, Ch. 225; permit to obstruct sidewalks by merchants, §505.020, sidewalk contractors, §540.040; taxicabs, Ch. 665; trailer coach parks, Ch. 670.
State Law Reference — Authority to levy tax, RSMo. §§94.110, 94.270.
[Ord. No. 120 §42, 2-25-1932; Ord. No. 98-16 §1(a), 1-21-1998]
Before any person shall transact any business or occupation within the City, such person shall obtain a license to conduct such business or occupation when such license is required by any ordinance.
No person shall be eligible to obtain a license to conduct a business or occupation within the City unless such person shall have obtained all licenses and permits necessary for the person to conduct the business or occupation in, on, at or from the premises where the business is to be conducted and all licenses and permits necessary for any structures or facilities on such premises.
It shall be unlawful for any person to carry on or transact any business or occupation without a license therefor, when one is required by any ordinance. Every day that such business or occupation is carried on without a license shall constitute a separate offense.
[Ord. No. 260 §§1,2, 10-7-1956]
No vendor of newspapers, magazines or any other commodity shall give away, sell, or offer for sale, any of such commodities from any portion of public streets used for vehicular travel within the City.
Nothing in this Section shall prevent a vendor from selling and delivering his commodities to a regular subscriber or purchaser of such, providing he does not hinder or delay vehicular traffic upon the streets.
[Ord. No. 00-03 §1, 1-19-2000]
For purposes of this Chapter, the following terms shall be defined as follows:
- One (1) side of a street between two (2) consecutive interacting streets.
- The person responsible for placing and maintaining news rack in a public right-of-way.
- NEWS RACK
- Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, distribution or sale of newspapers or other news periodicals.
- Material which depicts or describes sexual conduct objectionable or offensive to accepted standards of decency which the average person applying contemporary community standards would find, taken as a whole, appeals to prurient interests; or material which depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable State law and, taken as a whole, lacks serious literary, artistic, political or scientific value.
- The area between the sidewalk and the curb of any street, and where there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway that is not open to vehicular travel.
- Any person or persons or entity including, but not limited to, a corporation, partnership, unincorporated association or joint venture.
- A strip of land reserved or acquired by dedication, prescription, condemnation, gift, eminent domain or any other legal means occupied or intended to be occupied by any public street, highway, sidewalk, roadway, parkway or alley.
- Any surface provided for the exclusive use of pedestrians.
- All the area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
No person shall install, use or maintain any news rack which projects onto, into or over, or which rests, wholly or in part, upon the roadway of any public street.
No person shall install, use or maintain any news rack which in whole or in part rests upon, in, or over any public sidewalk or parkway:
When such installation, use or maintenance endangers the safety of persons or property;
When such site or location is used for public utility purposes, public transportation purposes, or other governmental use;
When such news rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including parked or stopped vehicles; the ingress in or egress from any residence or place of business; the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted or at/near said location;
When such news rack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery; or
In any other manner inconsistent with or in violation of the provisions of this Chapter.
No person shall install, use or maintain any news rack without first obtaining a permit from the office of the City Clerk.
No person shall install, use or maintain any news rack which is chained, bolted, or otherwise attached to any stoplight, stop sign, or other road sign, fire hydrant, fire or Police call box or parking meter. No person shall install, use or maintain any news rack which is chained, bolted, or otherwise attached to any other fixture not enumerated above (including but not limited to lampposts, utility poles, buildings) located in the public right-of-way and the owner of the fixture. News racks may be chained or otherwise attached to other news racks.
No person shall install, use or maintain any news rack which is otherwise in violation with the location requirements, placement requirements, number limitations, or maintenance and installation standards contained within this Chapter.
Permit required. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street or sidewalk, or in any other public way or place, in the City of Bridgeton any news rack without first having obtained a permit from the office of the City Clerk specifying the exact location of such news rack. One (1) permit may be issued to include any number of news racks and shall be signed by the applicant.
Application. Application for such permit shall be made, in writing, to the office of the City Clerk upon such form as shall be provided by it and shall contain the name and address of the applicant, the proposed specific location(s) of said news rack(s), and shall be signed by the applicant. From the application information, the City Clerk, or the City's designee, shall approve the location(s). It shall be guided therein solely by the standards and criteria set forth in this Chapter. In any case where the City Clerk, or the City's designee, disapproves of a particular location, the applicant may designate a different location or locations.
Conditions. Permits shall be issued for the installation of a news rack or news racks conditioned upon observance of the provisions of this Chapter.
Issuance. Permits shall be issued within five (5) working days after the application has been filed. A permit fee of five dollars ($5.00) per location shall be required. Such permits shall be valid for two (2) years and shall be renewable pursuant to the procedure for original applications referred to in this Section and upon payment of a three dollar ($3.00) per location permit renewal fee.
News Rack Identification Required. Every person who places or maintains a news rack on any public right-of-way in the City of Bridgeton shall have his/her permit number, name, address, and telephone number affixed to the news rack in a place where such information may be easily seen.
Location, Placement And Number Of News Racks. No news rack shall be placed on any public land except in a right-of-way and shall in each instance comply with the following standards:
No news rack shall be used or maintained which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street.
No person shall install, use or maintain any news rack which is chained, bolted, or otherwise attached to any stoplight, stop sign or other road sign, fire hydrant, fire or Police call box or parking meter. No person shall install, use or maintain any news rack which is chained, bolted or otherwise attached to any other fixture not enumerated above (including but not limited to lampposts, utility poles, buildings) located in the public right-of-way unless written permission is obtained from both the entity having control of the public right-of-way and the owner of the fixture. News racks may be chained or otherwise attached to other news racks.
News racks may be placed next to each other, provided that no group of news racks shall extend for a distance of more than eight (8) feet along a curb, and a space of not less than three (3) feet shall separate each group of news racks.
No news rack shall be placed, installed, used or maintained:
Within three (3) feet of any marked crosswalk.
Within three (3) feet of the curb return of any unmarked crosswalk.
Within five (5) feet of any fire hydrant, fire call box, Police call box or other emergency facility.
Within three (3) feet of any driveway.
Within three (3) feet ahead or twenty-five (25) feet to the rear of any sign marking a designated bus stop.
Within three (3) feet of the end of any bus bench or park and plaza benches.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than three (3) feet.
Within three (3) feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping.
Within three (3) feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes, unless the proprietor of the business containing such display window gives written permission to place the news rack closer to the display window.
Within three (3) feet of a building entrance.
Within one hundred (100) feet of any other news rack on the side of the street in the same block containing the same issue or edition of the same publication.
On any access ramp for disabled persons.
Within three (3) feet of any stop sign or stoplight and within two (2) feet of all other signs, parking meters, lampposts or utility poles.
No more than six (6) news racks shall be located on any public right-of-way within a space of two hundred (200) feet in any direction within the same block of the same street; provided however, that no more than twelve (12) news racks shall be allowed on any one (1) block. In determining which news racks shall be permitted to be located or to remain if already in place, the office of City Clerk, or the City's designee, shall be guided solely by the following criteria:
First (1st) priority shall be given to news racks used for the sale of publications which are newspapers of general circulation for the City of Bridgeton.
Second (2nd) priority shall be given to news racks used for the sale of daily publications (those published on five (5) or more days in a calendar week) which are not newspapers of general circulation for the City of Bridgeton.
Third (3rd) priority shall be given to news racks used for the sale of weekly publications (those published on at least one (1) but less than five (5) days in a calendar week) which are not newspapers of general circulation for the City of Bridgeton.
As between newspapers included within any single category of priority above, the office of the City Clerk shall also be guided by the following criteria of priorities whenever more than six (6) news racks are proposed for any one (1) location (two hundred (200) foot space) or more than twelve (12) news racks are proposed for any one (1) block:
Standards For Maintenance And Installation. Any news rack which in whole or in part rests upon, in or over any public right-of-way shall comply with the following standards:
No news rack shall exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in thickness.
Each news rack shall be mounted so that it will remain stationary and immobile either by use of weighted objects inside the news rack or by bolting the news rack through all four (4) corners to a concrete pedestal base with at least a four (4) inch minimum depth.
No news rack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.
Each news rack shall have affixed to it in a readily visible place so as to be seen by anyone using the news rack, a notice setting forth the name of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this Chapter.
Each news rack shall be maintained in a neat and clean condition and in good repair at all times.
Specifically, but without limiting the generality of the foregoing, each news rack shall be serviced and maintained so that:
It is reasonably free of dirt and grease;
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;
The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading; and
The structural parts thereof are not broken or unduly misshapen.
Display Of Certain Matter Prohibited. Publications offered for sale or distribution from news racks placed or maintained on or projecting over public rights-of-way shall not be displayed or exhibited in a manner which exposes to public view from the street or sidewalk any of the following:
Any publication or material which exposes to public view any pictorial material that is obscene;
Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront;
Any picture or illustration of a person's genitals, pubic hair, perineum, anus or anal region where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront; or
Any picture or illustration depicting explicit sexual acts as defined in this Chapter where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.
Hold Harmless. Every owner of a news rack who places or maintains a news rack on a public right-of-way in the City of Bridgeton shall file a written statement with the office of the City Clerk whereby such owner agrees to indemnify and hold harmless the City of Bridgeton, its officers and employees from any loss, liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use and/or maintenance of a news rack within the City of Bridgeton.
Abandonment. In the event that a news rack remains empty for a period of thirty (30) continuous days, the same shall be deemed abandoned and may be treated in the manner as provided in this Chapter for news racks in violation of the provisions of this Chapter.
Violations. Upon determination by the City of Bridgeton and its agents that a news rack has been installed, used or maintained in violation of the provisions of this Chapter, an order to correct the offending condition shall be issued by the Police Department to the distributor of the news rack. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to properly correct the offending condition within five (5) working days after the mailing date of the order shall result in the offending news rack being summarily removed and processed as unclaimed property. If the offending news rack is not properly identified as to owner under the provisions of this Chapter, it shall be removed immediately and processed as unclaimed property. An impound fee, which shall be measured by the City's cost and expense of impounding, shall be assessed against each news rack summarily removed. The Police Department shall cause inspection to be made of the corrected condition or of a news rack reinstalled after removal under this Section. The distributor of said news rack shall be charged a fifty dollar ($50.00) inspection fee for each news rack so inspected. This charge shall be in addition to all other fees and charges required under this Chapter.
[Ord. No. 84-8 §2, 3-7-1984; Ord. No. 87-45 §§1,2, 5-20-1987; Ord. No. 11-72 §1, 12-21-2011]
Refund Authorized. The amount of any license fee paid to the City of Bridgeton pursuant to Chapter 615 and 625 of this Title by a person engaged in the business of selling, supplying or distributing water service, electric service, and gas service on account of sales of such person to an exempt consumer as herein defined for utility services rendered to such consumer's residence shall be refunded by the City of Bridgeton directly to such exempt consumer.
[Ord. No. 14-07 §1, 3-19-2014]
Definition. For the purpose of this Section "exempt consumer" shall mean any consumer who owns or leases residential property located within the City of Bridgeton, who occupies the same as his/her customary place of residence and who, on the first (1st) day of any calendar month, is sixty-five (65) years of age or older or certified as totally disabled by the Social Security Administration on said date. When any such residential property is owned or leased by two (2) or more persons jointly, requirements for exemption shall be deemed satisfied if any one (1) such owner or lessee is sixty-five (65) years of age or older on the first (1st) day of such calendar quarter or certified as totally disabled under Social Security.
Procedure. From January 1 to February 28 of each year, any person claiming to be entitled to a refund pursuant to this Section for taxes paid during the prior year shall submit a request for such refund to the Administrative Assistant or his delegate, together with such proof of claim as may be required by the Administrative Assistant. Such proof of claim may, at the discretion of the Administrative Assistant, include proof of age, copies of utility bills and proof of payment of such bills.
Computation. The amount of refund owing to each exempt consumer shall be the amount of the license tax imposed by the Bridgeton Code of Ordinances as a result of such consumer's payments during the preceding calendar year for utility services rendered to his residence.
Benefit. Nothing contained herein shall in any way alter or diminish the obligations of any person licensed pursuant to Chapter 615 or Chapter 625 of this Title, to pay a license tax computed on the full amount of his gross sales to consumers within the City, or otherwise to comply with the provisions of said Code. The exemption herein provided shall inure to the benefit of exempt consumer only, and shall be administered by the City of Bridgeton for their benefit.
Funds. Refunds herein required to be made shall be paid from budgeted general revenue monies. Payment of this refund is subject to availability of funds being budgeted in the current year for this purpose.
All exempt consumers qualifying for this refund prior to April 1, 1984, will continue to receive the refund and are not subject to the above age requirement.
[Ord. No. 97-32 §1, 5-21-1997; Ord. No. 98-16 §1(b), 1-21-1998]
Grounds For Revocation Or Non-Renewal. The following conduct shall constitute grounds for revocation or non-renewal of the business license of a licensee:
Failure of the licensee to appear to answer a charge in the Bridgeton Municipal Court and thereafter being charged with failure to appear pursuant to Section 205.110 of the Bridgeton Code of Ordinances.
Failure of the licensee to pay any fine imposed on the licensee by the Bridgeton Municipal Court within thirty (30) days after the judgment imposing such fine shall become final.
Making or providing any false statement or information in the application for the licensee's license.
Conduct of business by the licensee without holding all licenses and permits required for the conduct of the licensee's business in, on, at or from the premises on which such business is being conducted and all licenses and permits necessary for any structures or facilities on such premises.
Becoming ineligible to obtain the license held by the licensee.
Failure of the licensee to pay within the time provided by law the full and proper amount of tax due under the provisions of the Bridgeton City Code or any ordinance relating to the licensee's license or failure of the licensee to promptly pay any deficiency, including any penalty or interest, determined to be due for any of the preceding five (5) years.
Failure to remit to the State of Missouri the applicable local sales tax provided by the City, County and State law as it now exists or may be amended in the future; provided however, if the Licensee Collector is satisfied that the failure to remit to the State of Missouri the proper sales tax was the result of inadvertence and was not intentional the License Collector may waive the penalty for such failure and may issue a renewal license or allow the licensee to maintain his/her license upon the licensee's payment of the proper Bridgeton sales tax to the State of Missouri.
Violation by the licensee or the licensee's employees of any provision of any ordinance relating to the license or permit.
Conviction by the licensee or its employees of any Federal. State or municipal law for conduct involving moral turpitude in connection with the operation of the licensee's business.
Conduct by the licensee or its employees in the conduct of the licensee's business which may be injurious to the health, safety, morals or welfare of the residents of the City of Bridgeton.
Employment by the licensee of a person who does not hold any license that may be required for such employee to engage in the business or activity conducted by such employee for the licensee.
Conviction of the holder of any tow truck license or any officer, director or managing agent of the licensee or of any driver or dispatcher of a tow truck while employed by the licensee, of any Statutes or ordinances pertaining to theft, possession of stolen property, or interstate transportation of stolen vehicles or property.
Revocation Or Non-Renewal Procedures.
Non-Renewal. The License Collector shall refuse to renew the business license for any license holder upon receipt by the License Collector of facts establishing the existence of any of the grounds specified herein for non-renewal of the license of the licensee.
Revocation. Upon receipt of information showing that grounds for revocation of a license may exist, the City Council may by motion set a hearing to consider revocation of the licensee's license. The City Council shall give the licensee at least ten (10) days notice of such hearing. Said notice shall specify the grounds on which the Council is considering revocation of the license. At such hearing the licensee may be represented by counsel, and shall be provided an opportunity to respond to the charges upon which revocation of the license is urged, an opportunity to present witnesses under oath, an opportunity to confront and cross-examine opposing witnesses under oath, an opportunity to have a verbatim transcript made at the licensee or permittee's own initiative and expense. The City Council may revoke the license of the licensee upon proof at such hearing of facts constituting grounds for revocation of the license.
[Ord. No. 98-16 §1(i), 1-21-1998]
All portions of the Bridgeton City Code relating to occupational and business licenses are hereby declared to be severable. If any part, sentence, paragraph, Subsection or clause is adjudged invalid, the remainder of the Bridgeton City Code relating to occupational and business licenses shall not be affected thereby and shall remain in full force and effect.