[CC 1990 §14-815]
As used in this Article, the following terms shall have these prescribed meanings:
ADULT
An individual over the age of eighteen (18).
ADULT DAY CARE HEALTH PROGRAM
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.
ADULT DAY CARE PROGRAM
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]
ADULT DAY CARE PROVIDER
A person, corporation, partnership, association or organization legally responsible for the overall operation of the adult day care program.
FUNCTIONALLY IMPAIRED ADULT
An adult who by reason of age or infirmity requires care and supervision.
PARTICIPANT
A functionally impaired adult who is enrolled in an adult day care program.
PERSON
Any individual, firm, corporation, partnership, association, agency, or an incorporated or unincorporated organization regardless of the name used.
RELATED
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:
1. 
The Director of Finance believes any statement in the application is false;
2. 
The application is not complete;
3. 
The operation of the adult day care program or adult day health care program will not satisfy the requirement of the ordinance;
4. 
Fees have not been paid.
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 §14-820]
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.