[CC 1990 §14-815]
As used in this Article, the following terms shall have these
prescribed meanings:
An individual over the age of eighteen (18).
A program of organized therapeutic, rehabilitative and social
activities provided outside the home for a period of less than twenty-four
(24) hours to persons with functional impairments of at least an intermediate
care facility (ICF) level of care.
A group program designed to provide care and supervision
to meet the needs of functionally impaired adults for periods of less
than twenty-four (24) hours but more than two (2) hours per day in
a place other than the adult's own home but such facilities shall
not be allowed in a "Shopping Center."
[Ord. No. 8518, 6-24-2019]
A person, corporation, partnership, association or organization
legally responsible for the overall operation of the adult day care
program.
An adult who by reason of age or infirmity requires care
and supervision.
A functionally impaired adult who is enrolled in an adult
day care program.
Any individual, firm, corporation, partnership, association,
agency, or an incorporated or unincorporated organization regardless
of the name used.
Any of the following relationships by marriage, blood or
adoption between the provider and the adult in care: parent, child,
grandchild, brother, sister, stepparent, uncle, aunt, niece, nephew
or first cousin.
[CC 1990 §14-816]
A.
It
shall be unlawful for any person to establish, maintain or operate
an adult day care program or adult day health care program or to advertise
or hold themselves out as being able to perform such services without
having in full force and effect a written license therefore granted
by both the Division of Aging (State license) and the City of Florissant,
provided that nothing herein shall apply to:
1.
Any person who cares solely for persons related to the provider or
who has been designated as guardian of that person;
2.
Any adult day care program operated by a person in which care is
offered for no more than two (2) hours per day;
3.
Any adult day care program which cares for no more than four (4)
persons unrelated to the provider;
4.
Any person who receives free of charge and not as a business, for
periods not exceeding a period of ninety (90) days as bonified, occasional
and personal guests, an unrelated adult of personal friends of such
person and who receives custody of no other unrelated adults;
5.
Any adult day care program maintained or operated by the Federal
Government except where care is provided through a managed contract;
6.
Any institution or agency maintained or operated by the State, City
or County;
7.
Any adult day care program licensed by the Department of Mental Health
under Chapter 630, RSMo., which provides care, treatment and rehabilitation
exclusively to adults who have a primary diagnosis of mental disorder,
mental illness, mental retardation or developmental disability as
defined in Section 630.005, RSMo.
8.
Any adult day care program administered or maintained by a religious
not-for-profit organization serving a social or religious function
if the adult day care program does not hold itself out as providing
the prescription or usage of physical or therapeutic activities or
as providing or administering medicine or drugs.
[CC 1990 §14-817]
A.
Annual Applications. Annual applications for an adult day
care program or adult day health care program shall be made to the
Director of Finance.
B.
Application Forms. Application forms may be obtained from
the Director of Finance. The application shall contain the names,
addresses, Social Security numbers of the applicant and all persons
who are performing services for an adult day care program or adult
day health care program as an employee, agent, independent contractor
or otherwise. Each such person shall execute an authorization for
the Chief of Police of Florissant and the Missouri State Highway Patrol
to conduct a complete record check of each such person through the
Florissant Police Department and/or the Missouri State Highway Patrol
prior to the commencement of any services for the adult day care program
or adult day health care program.
C.
License Renewal Application. Annual renewal applications
shall be submitted on forms provided by the Director of Finance or
facsimiles thereof along with a copy of the original license application
and shall state the information on the original application is still
correct or shall state in what manner the application must be changed
to reflect the current conditions. Sections of the applications shall
reflect any changes as required.
D.
Review Of Application. The application or renewal application
shall be investigated by the Director of Finance or designee to verify
and determine the truth, accuracy and correctness of the application.
E.
Standards For Issuance Of License. No license shall be issued
where:
F.
Limitations Pertaining To Fitness Of Applicant. No application
shall be approved nor any license shall be issued where the operator,
an employee or any person regularly present on the premises has committed
an act demonstrating a lack of fitness to care for adults, including
molestation or abuse, theft, fraud or any other act of moral turpitude.
G.
Application Fee. The application together with an application
fee of one hundred dollars ($100.00) shall be submitted to the Director
of Finance, provided however, that persons with multiple adult day
care programs or adult day health care programs within the City shall
not pay more than five hundred dollars ($500.00) in application fees.
[CC 1990 §14-818]
No person operating an adult day care program or an adult day
health care program shall fail to show upon request, during normal
business hours, a copy of the operator's program license issued by
the State of Missouri or the City.
[CC 1990 §14-819]
No adult day care or adult day health care program which has
been issued a license under conditions shall operate in violation
of those conditions.
[CC 1990 §14-820]
If the Director of Public Works finds that the adult day care
center or adult day care health center is being operated in violation
of any City ordinance or conditions imposed as a condition of the
license or finds that all utilities are not being maintained without
any interruption in service for non-payment, he/she shall notify the
operator that the license will be suspended within five (5) days following
delivery of such notice and shall remain suspended until there is
a finding that the conditions giving rise to the violation has been
abated. If the violations are not promptly remedied, the license may
be revoked.
[CC 1990 §14-821; Ord. No. 6350, 12-13-1999]
Any person found to be in violation of any of the provisions contained herein shall be subject to the penalties prescribed under Section 100.080 of the Florissant Code of Ordinances.
