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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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]
A.
BLOCK
DISTRIBUTOR
NEWS RACK
OBSCENE
PARKWAY
PERSON
RIGHT-OF-WAY
SIDEWALK
STREET
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.
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.
B.
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.
C.
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:
1.
When
such installation, use or maintenance endangers the safety of persons
or property;
2.
When
such site or location is used for public utility purposes, public
transportation purposes, or other governmental use;
3.
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;
4.
When
such news rack interferes with the cleaning of any sidewalk by the
use of mechanical sidewalk cleaning machinery; or
5.
In any
other manner inconsistent with or in violation of the provisions of
this Chapter.
D.
No person
shall install, use or maintain any news rack without first obtaining
a permit from the office of the City Clerk.
E.
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.
F.
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.
G.
Permits.
1.
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.
2.
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.
3.
Conditions. Permits shall be issued for the installation
of a news rack or news racks conditioned upon observance of the provisions
of this Chapter.
4.
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.
H.
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.
I.
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:
1.
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.
2.
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.
3.
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.
4.
No news
rack shall be placed, installed, used or maintained:
a.
Within
three (3) feet of any marked crosswalk.
b.
Within
three (3) feet of the curb return of any unmarked crosswalk.
c.
Within
five (5) feet of any fire hydrant, fire call box, Police call box
or other emergency facility.
d.
Within
three (3) feet of any driveway.
e.
Within
three (3) feet ahead or twenty-five (25) feet to the rear of any sign
marking a designated bus stop.
f.
Within
three (3) feet of the end of any bus bench or park and plaza benches.
g.
At
any location whereby the clear space for the passageway of pedestrians
is reduced to less than three (3) feet.
h.
Within
three (3) feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping.
i.
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.
j.
Within
three (3) feet of a building entrance.
k.
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.
l.
On
any access ramp for disabled persons.
m.
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.
5.
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:
a.
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.
b.
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.
c.
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.
d.
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:
J.
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:
1.
No news
rack shall exceed five (5) feet in height, thirty (30) inches in width,
or two (2) feet in thickness.
2.
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.
3.
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.
4.
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.
5.
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:
a.
It
is reasonably free of dirt and grease;
b.
It
is reasonably free of chipped, faded, peeling and cracked paint in
the visible painted areas thereof;
c.
It
is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon;
d.
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;
e.
The
paper or cardboard parts or inserts thereof are reasonably free of
tears, peeling or fading; and
f.
The
structural parts thereof are not broken or unduly misshapen.
K.
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:
1.
Any
publication or material which exposes to public view any pictorial
material that is obscene;
2.
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;
3.
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
4.
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.
L.
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.
M.
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.
N.
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]
A.
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]
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
A.
Grounds For Revocation Or Non-Renewal. The following conduct
shall constitute grounds for revocation or non-renewal of the business
license of a licensee:
1.
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.
2.
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.
3.
Making
or providing any false statement or information in the application
for the licensee's license.
4.
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.
5.
Becoming
ineligible to obtain the license held by the licensee.
6.
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.
7.
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.
8.
Violation
by the licensee or the licensee's employees of any provision of any
ordinance relating to the license or permit.
9.
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.
10.
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.
12.
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.
13.
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.
B.
Revocation Or Non-Renewal Procedures.
1.
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.
2.
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.
