[R.O. 2009 §14-15; Ord. No. 2111 §2(Art. II §1), 3-14-1990]
Except as otherwise provided in this Chapter, every individual,
corporation, partnership, firm or other person desiring to operate
a rooming house or a boarding house, as herein defined, within the
City is required to make written application for a license. No person
shall be permitted to operate a rooming house or boarding house within
this City unless that person has been issued a license. Such license
shall be kept on file at all times on the premises of the rooming
house or boarding house.
[R.O. 2009 §14-16; Ord. No. 2111 §2(Art. II §2), 3-14-1990]
A. Any person
desiring to engage in operating a rooming house or boarding house
in this City shall file, on a form to be supplied by the City Clerk,
an application with the City Clerk stating the following and shall
pay a non-refundable filing fee:
2. Address
of the applicant;
3. Name
and address of the individual(s), firm, corporation, organization,
association or group represented, if other than self;
4. Zoning
category and address of the structure where the boarding house or
rooming house is to be located, accompanied by written permission
of the property owner for use of the property, if other than the applicant;
5. The
number of housekeeping units intended to be rented or used as sleeping
rooms by paying guests;
6. The
maximum number of paying guests proposed to occupy each room;
7. Date
on which applicant desires to commence operating business;
8. Period
of time for which a license is requested;
9. Place
or places of residence of the applicant for the preceding three (3)
years;
10. Names
of other communities in Missouri or other States in which the applicant
has operated a boarding house or rooming house in the past two (2)
years;
11. Names
of other communities in Missouri or other States in which the individual(s),
firm, corporation, organization, association or group for which the
applicant is working has operated a boarding house or rooming house
in the past two (2) years;
12. Whether
or not the applicant has ever been convicted of a felony under the
laws of the State of Missouri or any other State or of the United
States;
13. Birth
date, Social Security number and telephone number of the applicant;
14. Said
application shall also be accompanied by a letter or other written
statement from the individual(s), firm, corporation, organization,
association or group for which the applicant will be operating a boarding
house or rooming house certifying that the applicant is authorized
to act as a representative of said individual(s), firm, corporation,
organization, association or group;
15. All
statements made by the applicant upon the application or in connection
therewith shall be under oath;
16. A
waiver must be signed and submitted with the application by the applicant,
giving permission and authorization to the Police Department to run
the necessary checks.
[R.O. 2009 §14-17; Ord. No. 2111 §2(Art. II §3), 3-14-1990]
The City Clerk shall cause to be kept in his/her office an accurate
record of every application received, together with all other information
and data pertaining thereto and all licenses issued under the provisions
of this Section and of the denial of applications. Applications for
licenses shall be numbered in consecutive order as filed and every
license issued and any renewal thereof shall be identified with a
duplicate number of the application upon which it was issued. Within
two (2) working days of receipt of the application by the City Clerk,
the original of such application shall be referred to the Chief of
Police for investigation.
[R.O. 2009 §14-18; Ord. No. 2111 §2(Art. II §4), 3-14-1990]
A. The Chief
of Police shall cause such investigation to be made of the applicant's
business and moral character and the business and moral character
of the individual(s), firm, corporation, organization, association
or group for which the applicant will be operating a boarding house
or rooming house as he/she deems necessary for the protection of the
public good. The Chief of Police shall endorse on such application
his/her approval and return the application to the City Clerk within
ten (10) working days from the date of receipt of the application
by the Chief of Police, unless:
1. The
individual requesting the license has, within ten (10) years of the
date of the application:
a. Been
convicted of the commission of a felony under the laws of Missouri
or any other State or of the United States involving violence, fraud,
arson, moral turpitude or patient or resident abuse;
b. Been
convicted of a violation of any of the provisions of this Chapter;
c. Lost
his/her license by revocation as herein provided;
d. Been
convicted of a crime, misdemeanor, offense or ordinance violation
of any ordinance concerning operation of a rooming house or boarding
house; or
e. Falsified
any information required by this Chapter as a part of the application
process.
2. The individual(s), firm, corporation, association, organization or group for which the applicant will be operating a rooming house or boarding house has, within ten (10) years of the date of the application, engaged in any of the activities or suffered any of the penalties specified in Subsection
(1) above.
3. The
applicant refuses to consent to an investigation by the Chief of Police.
[R.O. 2009 §14-19; Ord. No. 2111 §2(Art. II §5), 3-14-1990]
If, as a result of such investigation, the applicant is not entitled to receive a license under this Chapter for any of the reasons set forth in Section
625.080, the Chief of Police shall endorse on such application his/her disapproval and his/her reasons for the same and return the application to the City Clerk who shall notify the applicant that his/her application is disapproved, the reasons therefor and that no license will be issued. Notification shall be hand delivered by the Chief of Police or his/her designee or sent by certified mail within three (3) days of the return of application to the City Clerk. Any person aggrieved by the decision of the City Clerk to deny a license shall have the right to appeal to the City Council under Section
625.130 below. The appeal shall be heard at the next regularly scheduled City Council meeting or at such other time agreeable to both parties, but in any event not later than thirty (30) days.
[R.O. 2009 §14-20; Ord. No. 2111 §2(Art. II §6), 3-14-1990]
A. By Clerk. If, after such investigation, the applicant is
found to be entitled to receive a license under this Chapter, the
Chief of Police shall endorse on the application his/her approval
and return the application to the City Clerk who shall, upon payment
of all fees required by this Chapter, deliver to the applicant his/her
license.
B. Contents Of License. Such license shall contain the signature
and seal of the Mayor and City Clerk and shall be countersigned by
the City Finance Officer and shall show the name and address of the
individual(s), firm, corporation, organization, association or group
the licensee is representing, the date of issuance of the license
and the length of time the same shall be operative, as well as the
license number and the address of the rooming house or boarding house.
The Clerk shall keep a permanent record of all licenses issued and
shall notify the Police Department of all licenses issued.
C. Site Specific. An operator's license shall not authorize
any person to operate a boarding house or rooming house in any other
place than that provided for by the license.
[R.O. 2009 §14-22; Ord. No. 2111 §2(Art. II §8), 3-14-1990]
The license fees are imposed for the privilege of carrying on
the activities authorized for the term specified in the license. Each
license shall expire at the end of the term specified unless otherwise
renewed upon payment of an additional license fee.
[R.O. 2009 §14-23; Ord. No. 2111 §2(Art. II §9), 3-14-1990]
A. Any license
issued pursuant to this Chapter may be suspended or revoked by written
order of the City Clerk because of any violation by the licensee of
this Chapter; or if the premises cease to be fit for human habitation
or constitute a structural, health or fire hazard; or whenever the
licensee shall cease to possess the qualifications and character required
in this Chapter for the original licensing. Notification shall be
promptly hand delivered by the Chief of Police or his/her designee
or sent by certified mail. The order of suspension or revocation shall
be effective ten (10) days after the licensee receives notice thereof,
unless appealed as provided below; in which case, the order shall
be stayed until it becomes final pursuant to law.
B. Any person aggrieved by the decision of the City Clerk to suspend or revoke a license shall have the right to appeal to the City Council under Article
III hereof. The appeal shall be heard at the next regularly scheduled City Council meeting or at such other time agreeable to both parties, but in any event not later than thirty (30) days.
[R.O. 2009 §14-24; Ord. No. 2111 §2(Art. III §§1 — 2), 3-14-1990]
A. Hearing Provisions. If a license is denied, revoked or suspended
by the City Clerk, the applicant or licensee may send a written appeal
within ten (10) days of receipt of the notice of denial, revocation
or suspension to the City Clerk for a hearing before the City Council.
At least ten (10) days' notice of a hearing shall be mailed to the
applicant's or licensee's last known address, which notice shall state
the time and place for a hearing on the denial, suspension or revocation
and shall set forth the grounds in a general manner. The applicant
or licensee shall have the right during any such hearing to be represented
by an attorney and present witnesses or other competent evidence.
If the applicant or licensee requests a hearing, the hearing shall
be held in accordance with the Administrative Procedure Act of the
State of Missouri and review from the decision may be had to the Circuit
Court of Jefferson County, Missouri.
B. License Suspended Or Revoked — Fee Returned. Any license
may be suspended or revoked in cases where it has been previously
issued upon the determination:
1. That
false or inaccurate statements or representations were contained in
the application or made to a City Official at the time of application;
2. That
the licensee has violated any provision of this Chapter;
3. That
the licensee has engaged in any behavior or suffered any penalties
which would have originally disqualified the licensee for a license;
or
4. That
the licensee fails or refuses to pay the applicable annual license
fee.
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In the event of the revocation of a license, license fees shall
be refunded on a pro rata basis.
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[R.O. 2009 §14-25; Ord. No. 2111 §2(Art. IV §5), 3-14-1990]
No license issued hereunder may be assigned or transferred.