[R.O. 2007 § 605.001; CC 1979 §§ 4-11;
4-49, 4-102, 14-85, 15-1, 22-1, 22-1(3, 5, 6, 12, 13), 22-1(8); 26-16,
26-83; Ord. No. 684 § 1, 10-8-1981; Ord. No. 760 § 2(A), § 3(A), § 5(A), § 6(A),
§ 7(A), § 8(A), § 9(A), 12-9-1982; Ord. No. 802 § 2, 5-26-1983; Ord. No. 810 § 1, 6-23-1983; Ord. No. 863 § 1(11.3(A)), § 1(11.4(A)),
§ 1(22-1), 2-23-1984; Ord. No. 1315 § 1, 9-27-1987; Ord. No. 1866 § 2, 4-23-1992; Ord. No. 2495 § 1, 6-27-1996; Ord. No. 2688 § 25.8-1, 5-27-1997; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3397 § 22, 2-22-2001; Ord. No. 3488 § 1, 7-26-2001; Ord. No. 3896 § 2, 9-25-2003; Ord. No. 5280 § 1, 10-8-2009; Ord. No. 5402 § 1, 5-27-2010; Ord. No. 5920 § 1, 5-9-2013; Ord. No. 6120 § 11, 4-24-2014]
As used in any ordinance regulating
business or requiring a license for the operation of a business, the
following terms shall have the following meanings, except where the
context clearly indicates that a different meaning is intended and
except where an ordinance concerning a particular business contains
a specific provision to the contrary with the specific provision controlling:
Any establishment either having nine (9) or more mechanical
or electronic amusement devices for use or operation by the public
or any establishment deriving over one-half (1/2) its gross income
from the utilization of mechanical or electronic amusement devices
shall be deemed to constitute an "amusement center or arcade area."
Any person who applies for a license as required by any ordinance
of the City of St. Peters.
Any dwelling other than a hotel where meals or lodging and
meals, for compensation, are provided for three (3) or more persons.
Shall have the same meaning as set forth in Section 615.010 of this Code, as amended.
[Ord. No. 7372, 10-22-2020]
Shall have the same meaning as set forth in Section 615.010 of this Code, as amended.
[Ord. No. 7372, 10-22-2020]
Shall have the same meaning as set forth in Section 615.010 of this Code, as amended.
[Ord. No. 7372, 10-22-2020]
Any collection or group of stands, shows or entertainment
devices in the City, commonly included within the term "fair" or "carnival,"
which are attended by the public upon payment of a charge.
Any dog, pony, wild animal or variety show exhibits/performances
in the City in a tent or group of tents, upon collection of a charge.
The City Clerk for the City of St. Peters or his/her designee.
Most recently published Code of the City of St. Peters as
amended from time to time.
A piece of metal or rarely some other materials (leather
or porcelain) certified by a mark or marks upon it as being of a specific
intrinsic or essential value. Specific: such as past issuance by a
governmental authority to circulate as money.
Speech associated with expression related solely to the non-gratuitous
economic interest of the speaker and its audience.
[Ord. No. 7860, 9-28-2023]
The City Clerk or his/her designee.
Operating a tow truck on a public highway at a slow rate
of speed or in any other fashion for the purpose of soliciting business
along said highway.
Any person, firm, proprietorship, partnership, corporation
or other entity who shall engage at any location in the City in the
purchase, sale or exchange of any secondhand or antique jewelry, coins,
watches, diamonds, or other precious stones, gold, silver, platinum
or other precious metals, or any other secondhand manufactured articles
composed wholly or in part of gold, silver, platinum or other precious
metals is hereby declared to be a dealer in precious metals, coins
and gems.
Any conduct defined in the City Code as disorderly conduct.
Any person driving a taxicab.
Includes every corporation, company, association, joint-stock
company or association, partnership and person, their lessees, trustees
or receivers appointed by any court whatsoever, other than a railroad,
light rail or street railroad corporation generating electricity solely
for railroad, light rail or street railroad purposes or for the use
of its tenants and not for sale to others, owning, operating, controlling
or managing any electric plant except where electricity is generated
or distributed by the producer solely on or through private property
for railroad, light rail or street railroad purposes or for its own
use or the use of its tenants and not for sale to others.
Any person, other than a masseur or masseuse, who renders
any service to the licensee or customer and who receives compensation
or any consideration, and who has no physical contact with the licensee's
customers or clients.
Oral stimulation of the penis.
Includes every corporation, company, association, joint-stock
company or association, partnership and person, their lessees, trustees
or receivers appointed by any court whatsoever, owning, operating,
controlling or managing any gas plant operating for public use under
privilege, license or franchise now or hereafter granted by the State
or the City of St. Peters.
Any item containing or having as part of its composition
any precious or semi-precious stones customarily used in jewelry or
ornamentation.
Honesty, fairness, and respect for
the rights of others and for the laws of the State and nation. The
following factors shall be considered when making a determination
of whether an applicant or licensee under this Chapter has good moral
character:
If a person has been convicted of
violating a crime of this State or country, or of any crime of any
other state or country that would have been a crime under the laws
of the State of Missouri, or an offense of this City, the Commissioner
shall also weigh the following factors in determining if the person
has good moral character:
The type of crime(s) or offense(s)
for which a person has been convicted;
The circumstances surrounding the
crime(s) or offense(s) for which a person has been convicted;
The proximity in time of the conviction(s)
to the application for a license;
The conduct of the person since the
date of conviction; and
Whether the crime the person is convicted
of is reasonably related to the competency of the person to exercise
the licensed business.
Notwithstanding the foregoing, a
conviction cannot be the sole grounds on which a person is determined
to lack good moral character. If a person is pardoned from a conviction,
the underlying guilt for the crime or offense may still be evidence
of such person's good moral character.
The aggregate amount of all sales and charges of the commodities
described in the definition of "public utility" contained in this
Section made by a public utility in the City during any period, less
discounts, credits, refunds, sales taxes and uncollectible accounts
actually charged off during the periods.
The group manager of environmental and leisure services,
his/her designee, or any person or agent employed as Health Officer
by the City.
Includes every corporation, company, association, joint-stock
company or association, partnership and person, their lessees, trustees
or receivers, appointed by any court whatsoever, owning, operating,
managing or controlling any plant or property for manufacturing and
distributing and selling, for distribution, or distributing hot or
cold water, steam or currents of hot or cold air for motive power,
heating, cooking, or for any public use or service, in the City of
St. Peters.
Any highway, road, street or alley open to the use of the
public for the purpose of vehicular traffic.
Any building or group of contiguous buildings under the same
management occupied as the abiding place of persons who are lodged
with or without meals, in which, as a rule, the rooms are occupied
singly for hire, and in which there are more than ten (10) sleeping
rooms.
Any indoor gathering or assembly of persons within the City
where there will be presented live or recorded music and where two
hundred fifty (250) or more persons are present or where the person
organizing such a gathering or assembly has reason to believe two
hundred fifty (250) or more persons will be present at any one (1)
time, except where live entertainment is being conducted within a
premises licensed with the City as a live entertainment venue.
[Ord. No. 7729, 11-10-2022]
Any person, whether as owner, agent, consignee or employee,
who engages in a temporary business for any period of time and who,
for the purpose of conducting such business, occupies or uses any
parcel of land, building, tent, room, apartment, shop, store, structure,
or uses a vehicle parked on premises where said person does not have
the exclusive right of possession under ownership, lease or rental
agreement, or any other non-permanent location or other place within
the City for the purpose of offering to purchase or sell such goods,
wares, and merchandise, either privately, publicly or at public auction.
[Ord. No. 6475 § 1, 1-21-2016]
Exclusions. The aforesaid definition
shall not apply to:
Itinerant vendors shall be classified
into one (1) of the following three (3) categories:
Charitable: includes any one (1)
or more of the following activities:
Seeking to obtain gifts or contributions
of money, clothing or any other valuable thing for the support or
benefit of any individual, firm, corporation, organization, association
or group which is organized as or sponsored by an entity organized
as a non-profit entity under laws of any state in the United States
or of the Federal government or recognized as such by the tax of any
state of the United States or of the Federal government.
Seeking to obtain money, clothing
or any other valuable thing in return for literature, artifacts or
goods of any individual, firm, corporation, organization, association
or group which is registered as a non-profit organization under laws
of any state in the United States or of the Federal government.
Commercial: Includes any one (1)
or more of the following activities:
Seeking to sell or to obtain orders
for the purchase of goods, wares, merchandise, foodstuffs or other
services, goods or contracts of any kind, character or description
whatever, for any kind of consideration whatever, or dissemination
thereof without consideration;
Requesting information on the background,
occupation, economic status, social status, political status, attitudes,
viewpoints, occupants of a residence, telephone number, address, furnishings
or the like of any person for the actual or alleged purpose of compiling
such information as raw data or refined data into a document, record,
book or directory to be sold, or to be used wholly or in part for
commercial purposes, excepting persons conducting a census under the
laws of the State of Missouri and the United States;
Seeking to obtain subscriptions to
books, magazines, periodicals, newspapers or any other type or kind
of publications; or
Seeking to obtain gifts or contributions
of money, clothing or any other valuable thing for the support or
benefit of any individual, firm, corporation, organization, association
or group not falling within the definition of "charitable soliciting"
as set forth above.
Operations selling their excess homegrown
produce at their property shall not be considered itinerant vendors
and shall not be required to be licensed. Itinerant vendors may not
be licensed for operation in residentially zoned areas.
Any person engaged in the business of dealing in buying,
selling and trading old iron, lead, zinc, brass, steel, copper or
other metals whatsoever, tags, bottles or other things of like nature
or other used or old articles no longer useful for the purpose for
which they were made or manufactured is hereby declared to be a junk
dealer. Scrap metal purchases by a foundry for melting shall not cause
such foundry to be a junk dealer under this Article.
Includes any person who has complied with the requirements
for licensing as herein provided for as a peddler/solicitor.
Any person, business or other legal entity receiving a license
to operate a business, trade, profession, vocation or occupation as
mandated by the City Code.
Dramatic, musical or other live performances before a live
audience via amplification.
[Ord. No. 7729, 11-10-2022]
Exclusions. The aforesaid definition shall not apply to:
Live or recorded music provided and conducted outdoors and licensed under Article XI of this Chapter;
Live or recorded music presented indoors at a location within the City of St. Peters not licensed as a live entertainment venue and permitted under Section 605.817 of this City Code; or
Recorded music or other performances provided by televisions,
jukebox, or karaoke.
Any indoor gathering or assembly of persons within a live
entertainment venue in the City where there will be presented live
entertainment and where two hundred fifty (250) or more persons are
present or where the person organizing such a gathering or assembly
has reason to believe two hundred fifty (250) or more persons will
be present at any one (1) time.
[Ord. No. 7729, 11-10-2022]
Any property or premises, whether licensed or not, public
or private, temporary or permanent where live entertainment is provided.
[Ord. No. 7729, 11-10-2022]
A dwelling other than a hotel where lodging for compensation
is provided for three (3) or more persons.
Any method or pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external parts of the body for medical or hygienic purposes, with
the hands or with the aid of any mechanical or electrical apparatus
or appliances, with or without such supplementary aids as rubbing
alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment,
unguents or other similar preparations commonly used in this practice.
Any establishment having a fixed placed of business wherein
massage is given, engaged in or carried on for any form of consideration.
"Massage establishment" shall not include any fixed place of business
operated or administered by an individual, firm, partnership, corporation,
company or association licensed or authorized pursuant to Sections
197.040, 198.015, 330.020, 331.030, 334.010, 334.510, 334.704, 354.055
and 354.405, RSMo.
A massage practitioner who administers massage therapy or
massage procedures for any form of consideration in a licensed massage
establishment. The title "massage practitioner" may be applied only
to an individual, not to a group, association, partnership or corporation.
Whenever the terms "masseur and/or masseuse," singularly or collectively,
shall appear throughout this Section and all other Sections of this
Article of the City Code and in other City ordinances and City documentation,
it shall be deemed to mean "massage practitioner."
A scientific health care, health maintenance, and rehabilitation
technique carried out by a trained professional which involves the
skillful massaging and kneading of human skin, muscles and tissues
thereby causing relaxation, stimulation, easing of mental and physical
tension, alleviation of aches and pains, the breaking up of fatty
tissues and muscle spasms, the improvement of circulation through
the body, the reduction of strain on the heart, or the reduction of
body fluids in the legs and arms, to help cause the body to restore
itself to more comfortable feeling or to rehabilitate itself from
any disease or malfunction, provided that the practice of massage
therapy shall not include: the diagnosis or prescribing of treatments
for disease or injury; the adjustment of the articulations of the
osseous structures of the body or spine; the providing of any service
or procedure for which a license to practice medicine or chiropractic
or physical therapy or nursing is otherwise requiring by law.
Stimulation of the genital organs achieved by manual or other
bodily contact exclusive of sexual intercourse.
Any machine which, upon the insertion of a coin, slug, token,
plat, disc or any other insertion device, may be operated by the public
for use as a game, contest of skill, video or other entertainment
or amusement, of any kind or description whatever, with the exception
of jukeboxes and machines or devices used solely for the vending of
food and confections or dispensing merchandise which shall not be
considered mechanical or electronic amusement devices under this Section.
Any person who engages in a temporary or permanent business
for any period of time and who occupies or uses any parcel of land
or any building, structure or tent thereon, or uses a vehicle parked
on any land where said person may or may not have the exclusive right
of possession thereof, who organizes and arranges vendors under a
single operation, shall be responsible for licensing all such vendors
and advising them regarding State and local sales tax obligations,
and who shall provide a register of said vendors on a regular basis
to the City. Food vendors shall be licensed individually in accordance
with Section 230.060.
The book value of the current assets of a person or pawnbroker
less its applicable liabilities as stated in this definition. Current
assets include the investment made in cash, bank deposits, merchandise
inventory, and loans due from customers, excluding the pawn service
charge. Current assets do not include the investments made in fixed
assets of real estate, furniture, fixtures, or equipment; investments
made in stocks, bonds, or other securities; or investments made in
prepaid expenses or other general intangibles. Applicable liabilities
include trade or other accounts payable; accrued sales, income, or
other taxes; accrued expenses; and notes or other payables that are
unsecured or secured in whole or part by current assets. Applicable
liabilities do not include liabilities secured by assets other than
current assets. Net assets must be represented by a capital investment
unencumbered by any liens or other encumbrances to be subject to the
claims of general creditors.
Includes all actions and functions incident to the movement
of a tow truck from place to place; as well as all actions involved
in the undertaking of a tow, whether for hire or for personal or business
use by the owner of the tow truck and the conducting of a business
engaged in the operation of a tow truck.
Any business not licensed as a massage establishment under
the provisions of this Section wherein massage is given, engaged in
or carried on, or permitted to be given, engaged in or carried on,
for any form of consideration not at a fixed location but at a location
designated by the masseur or masseuse, customer or client and within
the City limits.
Any outdoor entertainment, exhibition, activity, amusement
or gathering or assembly of persons within the City, including public
dances or dance exhibitions, where there will be presented as the
primary source of entertainment live or recorded musical entertainment,
and which the promoter thereof has reason to believe will attract
one hundred (100) or more persons at any one (1) time.
When used in connection with motor vehicles, any person or
legal entity who holds legal title to a vehicle or one who has the
legal right to possession thereof; when applied to a building or land,
includes any part owner, joint owner, tenant in common, joint tenant
or tenant by the entirety of the whole or part of such building or
land.
Any child over three (3) years of age or any other person
in a self-mobile condition; provided that self-mobile shall include,
but not be limited to, the use of a wheelchair or other assistance,
whether mechanical or human.
Any person engaged in the business of lending money on the
security of pledged goods or engaged in the business of purchasing
tangible personal property on condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period
of time.
The location at which or premises in which a pawnbroker regularly
conducts business.
Any person engaged in the act of soliciting.
[Ord. No. 6475 § 1, 1-21-2016; Ord.
No. 7860, 9-28-2023]
Any individual, copartnership, firm, association, company
or combination of individuals, of whatever form or character.
Any individual licensed under the laws of this State with
the State Board of Registration for the Healing Arts in the State
of Missouri.
Any item containing as part of its composition, in any degree,
gold, silver, platinum or pewter.
Any dwelling or structure where lodging or board and lodging
is furnished to its own members.
Any person, persons, landowner, tenant or lessee engaged
in or connected with the presentation of an outdoor musical festival.
The act or practice or promise of indulging in or solicitation
of promiscuous sexual relations for money.
Includes every pipeline corporation, gas corporation, electrical
corporation, water corporation, heat or refrigerating corporation,
and sewer corporation, as these terms are defined in this Section,
and each thereof is hereby declared to be a public utility.
"Purchase or purchasing" shall mean the obtaining by payment
of money or its equivalent. It shall not mean or include purchases
made directly from manufacturers or wholesalers of precious metals
or gems.
Any school or institution of learning which provides the
teaching of the theory, method, profession or work of therapeutic
massage, which course of study contains the underlying principles
of anatomy, physiology and other subjects as regularly included in
the curriculum, which requires a resident course of study of not less
than one hundred (100) hours to be completed in not more than three
(3) calendar months before the student shall be furnished with a diploma
or certificate of graduation from such school or institution of learning
following the successful completion of such course of study or learning
and which school has been recognized and approved by a governmental
agency or by a nationally recognized association of professionals.
Includes every separate living unit occupied for residential
purposes by one (1) or more persons, contained within any type of
building or structure.
Includes every corporation, company, association, joint-stock
company or association, partnership or person, their lessees, trustees
or receivers appointed by any court, owning, operating, controlling
or managing any sewer system, plant or property, for the collection,
carriage, treatment, or disposal of sewage anywhere within the State
for gain, except that the term shall not include sewer systems with
fewer than twenty-five (25) outlets.
A radio receiver which is capable of operating on a frequency
assigned by the Federal Communications Commission for fire, police,
municipal or other governmental uses.
The act of traveling door-to-door to residential dwelling
units within the City engaging in commercial speech.
[Ord. No. 6475 § 1, 1-21-2016; Ord.
No. 7860, 9-28-2023]
Shall have the same meaning as set forth in Section 615.010 of this Code, as amended.
[Ord. No. 7372, 10-22-2020]
Any place or facility where the art of tattoo is performed.
Shall have the same meaning as set forth in Section 615.010 of this Code, as amended.
[Ord. No. 7372, 10-22-2020]
Any motor vehicle performing a bona fide for hire taxicab
service having a capacity of not more than five (5) passengers, exclusive
of the driver, and not operated on a regular route or between fixed
termini.
The license issued by the City permitting the holder to engage
in the business of operating taxicabs in the City.
A mechanically propelled vehicle equipped with a device used
to hoist and tow, transport, convey or move other vehicles from place
to place upon authorization of the owner, his/her lawful agent or
representative.
Every device, whether mechanically propelled or drawn, in
or by which any person or property is or may be moved upon a public
highway, except devices moved only by human or animal power or a device
which works exclusively upon stationary rails or tracks, and shall
include trailers and semitractors.
Includes every corporation, company, association, joint-stock
company or association, partnership and person, their lessees, trustees,
or receivers appointed by any court whatsoever, owning, operating,
controlling or managing any plant or property, dam or water supply,
canal, or power station, distributing or selling for distribution,
or selling or supplying for gain any water.
[R.O. 2007 § 605.005; CC 1979 § 14-11(a); Ord. No. 760 § 1(A), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
No person shall be engaged in, prosecute
or carry on any business, trade, profession, vocation or occupation,
either in whole or in part, in the City by maintaining an office in
the City or by soliciting orders through such office, or by any other
manner whatsoever, without having first paid a license fee where applicable
or agreeing to pay a license tax (i.e., public utilities) and having
been issued a license/certificate when applicable as provided for
in this Chapter under the power of Section 94.270, RSMo., and as provided
in other applicable City ordinances. Provided: the provisions of this
Chapter with regard to the general business licensee fee shall not
apply to professions as set forth in Sections 71.620 and 71.630, RSMo.,
nor to any business, trade, profession, vocation or occupation which
is exempt by State law from license taxes nor to not-for-profit organizations;
and provided that a business license shall not be required for business
or occupations which are conducted from a person's own residence provided
the business or occupation is conducted seven (7) days or less per
calendar year; nor to agencies for which a contribution is provided
in the City budget; nor to political and government agencies.
[R.O. 2007 § 605.006; Ord. No. 3359 § 5, 12-14-2000]
Whenever in this Code a license is
required for the maintenance, operation or conduct of any business,
trade, professional, vocation or occupation, or for doing business
or engaging in any activity or occupation, any person or corporation
shall be subject to the requirement if by himself or through an agent,
employee or partner he/she holds himself forth as being engaged in
the business, trade, professional, vocation or occupation; or solicits
patronage therefor, actively or passively; or performs or attempts
to perform any part of such business or occupation in the City.
[R.O. 2007 § 605.007; CC 1979 § 14-13; Ord. No. 760 § 1(D), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5718 § 1, 2-23-2012; Ord. No. 6120 § 12, 4-24-2014]
A.
Applications.
1.
Except as otherwise provided in this
Title VI, applications for all licenses and permits required by ordinance
shall be made in writing on forms provided by the City and submitted
to the City Clerk. Each application shall state the name of the applicant,
the permit or license desired, the location to be used, if any, the
time covered and the fee to be paid; and each application shall contain
such additional information as may be needed for the proper guidance
of the City Clerk in the issuing of the permit or license applied
for. The completed application shall be submitted to the City Clerk's
office along with the appropriate fees. It shall be unlawful for any
person to supply false or fraudulent information on the application
filed with the City. An application shall be completed for each type
of business, whether at the same or different locations, provided
that the provisions of the peddler/hawker/huckster business license
shall prevail for that type of license.
2.
All holders of licenses or permits
shall be responsible for reporting changes in initial application
data immediately as the same occur. The form of licenses shall be
prescribed and furnished by the City Clerk or his or her designee.
B.
Issuance. All licenses shall be granted and signed consistent with the requirements of Section 605.095 of this Code upon proof of compliance with the provisions of this Article and upon proof of a certificate of insurance for workers' compensation coverage if said applicant for license is required to cover his or her liability under Chapter 287.061, RSMo., as amended.
C.
Denial. The City may refuse to grant or
renew any license for any of the following reasons:
1.
Failure to have or to provide proof of workers' compensation coverage as required under Subsection (B) of this Section;
2.
Providing fraudulent information
regarding workers' compensation coverage on an application for business
license;
3.
The business or activity sought to
be licensed would be conducted in violation of any law of the United
States or of the State or ordinance of the City;
4.
Failure to comply with the requirements of this Title VI, including, but not necessarily limited to, Section 605.075 of this Code;
5.
Evidence that the applicant is not
of good moral character; or
6.
Any other basis for revocation as
set out in this Title VI.
D.
Except as otherwise provided herein, in
the event of a denial, the license fee shall be nonrefundable.
E.
Liability. Nothing in this Section shall
be construed to create or constitute a liability to or a cause of
action against the City to the issuance of any license pursuant to
this Section.
[R.O. 2007 § 605.013; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 3725 § 1, 10-10-2002; Ord. No. 3729 § 2, 10-24-2002; Ord. No. 3792 § 1, 2-27-2003; Ord. No. 4065 § 5, 5-27-2004; Ord. No. 5049 § 1, 8-14-2008; Ord. No. 5280 § 1, 10-8-2009; Ord. No. 5402 § 2, 5-27-2010; Ord. No. 5520 § 1, 1-13-2011; Ord. No. 5717 § 1, 2-23-2012; Ord. No. 6120 § 13, 4-24-2014]
A.
The purpose of this Section is to provide
a document covering all license fees, administrative fees and investigation
fees or processing fees connected with the issuance or renewal of
licenses for any business licensed by the City. The fees provided
herein shall apply in place of any earlier provision in any other
ordinance. In the absence of provision to the contrary, all fees and
charges for licenses or permits shall be paid in advance at the time
application therefor is made to the City Clerk. The fees and charges
for businesses, trades, professions, vocations or occupations not
listed in this Chapter, if any, shall be as stated in the specific
ordinances or parts of ordinances relating to those businesses or
operations.
1.
Type Of Fees. The following are the
types of fees that are covered by this Section:
a.
A license fee paid by the operator
of the business for the issuance of the license.
2.
Fees Established. Until otherwise
provided by ordinance, the following annual fees shall be charged
for the businesses and operations specified.
[Ord. No. 6482 § 1, 2-11-2016; Ord. No. 6898 § 1, 1-25-2018; Ord. No. 6985, 7-26-2018; Ord. No. 7372, 10-22-2020; Ord. No. 7729, 11-10-2022]
|
License Type
|
License Fee
| |
|---|---|---|
|
Amusement/arcade center (605.220)
|
$200 plus $30 per mechanical or electronic
amusement device fee
| |
|
Body art establishment (615.010)
|
$75 annual
| |
|
Body artist
|
$25 annual
| |
|
Circus/carnival (605.728)
|
$10 per concession per week plus
surety bond; $1,000 to $5,000 to be determined by the Building Commissioner
| |
|
General business (605.030)
|
$50
| |
|
Itinerant vendor (605.185)
| ||
|
General:
|
General:
| |
|
First 1 to 4 consecutive days
|
$50
| |
|
Each additional 4-day period thereafter
during the calendar year
|
$200
| |
|
C-4 License:
|
C-4 License:
| |
|
1 to 4 consecutive days
|
$50
| |
|
5 to 30 consecutive days or more
consecutive days in a calendar year but less than 181 consecutive
days
|
$100
| |
|
Live entertainment venue (605.630)
|
$200
| |
|
Multi-vendor operator (605.186)
| ||
|
Temporary event: 1 to 4 consecutive
days
|
$10 per vendor for each event
| |
|
Temporary event: 1 to 7 consecutive days in "C-4" Zoning District
|
$10 per vendor for each event
| |
|
Annual
|
$2,000 per month/$24,000 annually
for up to 200 vendor stalls per month
Each additional 100 vendor stalls
thereafter per month shall cost an additional $1,000 per month
| |
|
Mechanical or electronic amusement
device (605.105)
|
$20 per each device on premises
| |
|
Massage operator/practitioner
|
$25 practitioner
| |
|
Massage business (605.330)
|
$100 annual
| |
|
Outdoor advertising signs and billboards
(605.920)
|
2% of annual gross income/outdoor
sign and billboard
| |
|
Outdoor music festival (605.770)
|
$200 plus $500 surety bond
| |
|
Pawnbroker/general business (605.820)
|
$500
| |
|
Investigation fee for a new applicant
|
$500
| |
|
Investigation fee for a repeat applicant
|
$250
| |
|
Peddler/solicitor (605.145)
| ||
|
First 1 to 4 consecutive days
|
$50
| |
|
Each additional 4-day period thereafter
during the calendar year
|
$200
| |
|
Taxicab operator (605.400)
|
$100 plus $15 per vehicle
| |
|
Tow truck operator (605.565)
|
$50 plus $25 per vehicle
| |
[R.O. 2007 § 605.015; CC 1979 § 14-12; Ord. No. 760 § 1(C), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
The license fees are imposed for
the privilege of carrying on the business or doing the act named in
the City for the year from January 1 to December 31, inclusive, unless
otherwise herein provided. The fees shall be due and payable on or
before the first day of December of the year preceding the license
year, unless otherwise herein provided. With respect to a new business,
the license fee thereon shall be due and payable prior to the day
such business is opened to the public, unless otherwise herein provided.
License fees (application fees and other associated costs) during
such one-year period shall not be prorated.
[R.O. 2007 § 605.018; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 14, 4-24-2014]
A.
Whenever inspections of the premises used
for or in connection with the operation of a licensed business, profession
or occupation are provided for or required by ordinance or are reasonably
necessary to secure compliance with any ordinance provision or to
detect violations thereof, it shall be the duty of the licensee or
the person in charge of the premises to be inspected to admit thereto
for the purpose of making the inspection any officer or employee of
the City who is authorized or directed to make such inspection at
any reasonable time that admission is requested.
B.
Whenever an analysis of any commodity or
material is reasonably necessary to secure conformance with any ordinance
provision or to detect violations thereof, it shall be the duty of
the licensee of the municipality whose business is governed by such
provision to give to any authorized officer or employee of the City
requesting the same sufficient samples of such material or commodity
for such analysis upon request.
C.
In addition to any other penalty which
may be provided, the City Administrator may revoke the license of
any licensee in the City who refuses to permit any officer or employee
of the City who is authorized to make such inspection or take such
sample to make the inspection, or take an adequate sample of said
commodity, or who interferes with such officer or employee while in
the performance of his/her duty in making such inspection, provided
that no license shall be revoked for such cause unless written demand
is made upon the licensee or person in charge of the premises, in
the name of the City, stating that such inspection or sample is desired
at the time it is sought to make the inspection or obtain the sample.
[R.O. 2007 § 605.020; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5718 § 2, 2-23-2012]
A.
Any license may be revoked by the City
Clerk, or his or her designee, at any time for conditions or considerations
which, had they existed at the time of issuance, would have been valid
grounds for its denial; for any misrepresentation of a material fact
in the application discovered after issuance of the license; or for
violation of any provision of this Title VI, a Statute of the State,
or the license relating to the business, occupation or activity for
which such license was issued. Such revocation shall become effective
upon notice to such licensee. Such notice shall specify the reasons
for revocation and may provide the conditions under which reinstatement
of the license may be obtained. Upon compliance with such conditions
within the time specified, such license may be restored.
B.
Except as provided in Subsection (C) hereof, no licenses shall be suspended or revoked until notice has been given to the licensee as hereinafter provided, until a reasonable time, not to exceed seven (7) days, has elapsed to enable the licensee to comply with the provisions of this Article and applicable State Statutes and until the licensee has been given an opportunity to appear at a hearing as provided in this Section. Such suspension or revocation of a license may be in addition to any fine imposed by this Article. No licensee whose license has been revoked, as provided in this Section, shall be eligible for a new license during the period for which the revoked license was originally issued.
C.
Notwithstanding any other provision of
this Article to the contrary, the City Clerk, or his or her designee,
may suspend, for a period not exceeding thirty (30) days, without
prior warning, notice or hearing, any license issued under this Article
during the term of such license, for the failure of any licensee to
comply with any provision of this Title VI, a Statute of the State
or the license relating to the business, occupation or activity for
which such license was issued if, in the judgment of the City Clerk,
such failure constitutes a clear and present danger to the public
safety.
D.
A license holder whose license is suspended
or revoked shall immediately discontinue the business, occupation
or activity for which the license was issued. A separate offense shall
be deemed committed each day the license holder continues to do business
after a license suspension or revocation.
E.
A licensee whose license is suspended or revoked may, at any time, petition, in writing, the City Administrator for a hearing or make a written application to the City Administrator for reinspection for the purpose of reinstatement of the license. Any such hearing shall be held consistent with the procedures as set forth in Section 605.025 of this Code.
[R.O. 2007 § 605.025; CC 1979 § 4-37; Ord. No. 760 § 5(J), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5718 § 3, 2-23-2012; Ord. No. 6120 § 15, 4-24-2014]
A.
Appeal. Any license applicant, licensee
or permittee aggrieved by the decision of the City Clerk to deny,
suspend or revoke any license or permit pursuant to the provisions
of this Article shall have the right to appeal such action to the
City Administrator.
1.
Application For Appeal.
a.
Revocation Or Suspension. Within
ten (10) days of the affected licensee or permittee's receipt of the
notice of such suspension or revocation, such person may file a written
request for a hearing before the City Administrator contesting such
suspension or revocation. Such request shall state with specificity
which part of the order is contested, the basis for the contest, and
the relief sought.
b.
License Denial. Within ten (10) days
of the denial of a business license, the person who was denied a license
may file a written request for hearing before the City Administrator
contesting the license denial.
2.
Hearing Procedure. Where a hearing
has been requested pursuant to this Section, the City Administrator
shall set the matter for hearing within a reasonable time.
a.
Notice Of Hearing.
(1)
The City Administrator
shall cause a copy of the request for hearing and a notice of the
date, time and place of the hearing to be served upon the affected
person.
(2)
The City Administrator
shall serve a copy of the affected person's request for hearing and
a notice of the date, time and place of the hearing upon the City
Clerk.
b.
Evidence; Witnesses.
(1)
Each party shall have
the right to call and examine witnesses, introduce exhibits, cross-examine
opposing witnesses and impeach any witness.
(2)
Oral evidence shall
be taken only on oath or affirmation.
(3)
All evidence shall be
suitably recorded and preserved.
(4)
The technical rules
of evidence shall not apply, except the City Administrator may exclude
evidence which is irrelevant or repetitious.
(5)
Each party shall be
entitled to present oral arguments or written briefs at or after the
hearing.
B.
Stay. An appeal stays all proceedings in
furtherance of the action appealed from, unless the officer from whom
the appeal is taken certifies to the City Administrator after the
notice of appeal shall have been filed with him or her that by reason
of facts stated in the certificate a stay would, in his or her opinion,
cause immediate peril to life or property. In such case proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by a court of record on application or notice to the officer
from whom the appeal is taken and on due cause shown.
C.
Final Order. After a hearing, the City
Administrator shall issue a final order based upon his/her findings
of fact and conclusions of law.
1.
The City Administrator shall have
the authority to suspend or revoke licenses; he/she may extend the
time for compliance with an order; or he/she may modify or rescind
any recommendation or order.
2.
Upon revocation or suspension, no
refund of any portion of the license fee shall be paid to the licensee,
and he/she shall immediately cease all business at the licensed premises.
D.
Findings. The City Administrator shall
make written findings of fact and conclusions of law within ten (10)
working days of the hearing. Such findings shall be based upon competent
and substantial evidence found in the record as a whole. A copy of
the City Administrator's order, his/her findings of fact and conclusions
of law shall be delivered to the City Clerk and to the affected person.
E.
Right Of Appeal. Any person aggrieved by
the decision of the City Administrator shall have the right to appeal
to the Circuit Court pursuant to Chapter 536, RSMo.
F.
Collateral Actions To Enforce.
[R.O. 2007 § 605.030; CC 1979 § 14-24; Ord. No. 760 § 1(O), 12-9-1982; Ord. No. 791 § 1, 4-28-1983; Ord. No. 2203 § 2, 10-10-1994; Ord. No. 3359 § 5, 12-14-2000]
Every person conducting any business, trade, profession, vocation or occupation which requires a business license pursuant to this Code and for which no special business license is available under the provisions of the Code shall procure a general business license. The annual general business license fee shall be as set forth in the fee schedule at Section 605.013. In addition, an annual license fee shall be charged for each mechanical or electronic amusement device situated in the business establishment and such additional fee shall be described as mechanical or electronic amusement device on the fee schedule at Section 605.013.
[1]
Editor's Note: Ord. No. 5718 § 4, adopted February 23, 2012, repealed § 605.035, Suspension Or Revocation And Hearing Provisions — General, in its entirety. The information contained in this Section may now be found in § 605.025, Appeal And Hearings. Former § 605.030 derived from R.O. 2007 § 605.035; CC 1979 § 14-16; Ord. No. 760 § 1(G), 12-9-1982. This Section has been reserved for the City's future use.
[Ord. No. 6120 § 16, 4-24-2014]
Any person issued a license pursuant
to this Chapter shall cause any such license or licenses to be displayed
in an open and conspicuous location on the premises or in the principal
place of business.
[1]
Editor's Note: Ord. No. 5718 § 5,
adopted February 23, 2012, repealed § 605.040, License Application
Rejected Or Revoked — Fee Returned, in its entirety. Former
§ 605.040 derived from R.O. 2007 § 605.040; CC
1979 § 14-18; Ord. No. 760 § 1(I), 12-9-1982;
Ord. No. 3359 § 5, 12-14-2000.
[R.O. 2007 § 605.045; CC 1979 § 14-19; Ord. No. 760 § 1(J), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
Licenses issued pursuant to any provision
of this City Code shall not authorize any person to exercise or carry
on the business, trade, profession, vocation or occupation specified
in the license in any other place than that provided by the license.
[R.O. 2007 § 605.050; CC 1979 § 14-20; Ord. No. 760 § 1(K), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
A separate license shall be issued
and a separate license fee paid (where applicable) for each place
of business and every class of business for which a license is required
by ordinance.
[R.O. 2007 § 605.055; CC 1979 § 4-36; Ord. No. 760 § 5(I), 12-9-1982; Ord. No. 805 § 5, 6-2-1983; Ord. No. 3359 § 5, 12-14-2000]
A.
License renewals shall be as follows:
1.
Anyone wishing to continue conducting
his/her business, trade, profession, vocation or occupation which
requires a business license pursuant to any provision of the City
Code shall apply to the City Clerk for license renewal thereof, on
such application form as shall be provided by the City Clerk, no later
than December 1 of each year.
2.
Renewal application shall contain
the name, address and license number of the licensee's operation,
and the licensee shall indicate any changes from the information furnished
to the Commissioner at the time of the original or previous application.
3.
An application for renewal shall be accompanied by the annual application fee and any necessary additional fees all of which shall be set forth on the fee schedule at Section 605.013.
4.
The City Clerk shall renew such license
if he/she shall find that such operation has been conducted in accordance
with all applicable laws and ordinances.
[R.O. 2007 § 605.060; CC 1979 § 14-21; Ord. No. 760 § 1(L), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5863 § 1, 1-24-2013]
A.
Any person, including any employer of any person, who fails to comply with, or commits any violation of, any provision of Chapters 605, 610, 615, 620, 625, 630 or 635 shall be guilty of an ordinance violation, and shall be punishable, upon conviction thereof, for an amount not to exceed five hundred dollars ($500.00). This fine shall be in addition to any other penalties prescribed in this Code or ordinance of the City or the laws of the State; and each day such failure to comply or such violation continues shall be deemed a separate offense.
B.
In addition to the enforcement provisions
contained elsewhere in the City Code, any person carrying on or pursuing
any business, trade, profession, vocation or occupation which requires
either a general business license or a special business license without
first having obtained the appropriate license therefor shall be liable
for the following penalty:
1.
Initial Licensing. If any person
shall commence a business, profession or occupation within the City
without first having received the appropriate business license from
the City pursuant to this Chapter, and if the license fee (where applicable)
is not paid within thirty (30) days after opening, a penalty equal
to five percent (5%) of the amount of the license fee will be added
to the license fee for each successive thirty-day period of operation
without the appropriate business license. In no event shall the amount
of the penalty authorized pursuant to this Subsection exceed twenty-five
percent (25%) of the amount of the license fee.
2.
Renewal Licensing. If any person
shall continue to operate a business, profession or occupation within
the City without first renewing the appropriate business license pursuant
to this Chapter, and if the appropriate license fee (where applicable)
is not paid to the City pursuant to the requirements of this Chapter,
a penalty equal to five percent (5%) of the amount of the license
fee will be added to such license fee for each successive thirty-day
period such license fee remains delinquent. In no event shall the
amount of the penalty authorized pursuant to this Subsection exceed
twenty-five percent (25%) of the amount of the license fee.
3.
Notwithstanding any other provision
of this Section to the contrary, if any person shall be delinquent
in the payment of any license tax, such person shall pay to the City
such penalties and interest payments as set forth in Section 71.625.2,
RSMo., as amended.
[1]
Editor's Note: Former § 605.070,
Settlement of Controversial Matters, as adopted and amended R.O. 2007
§ 605.070; CC 1979 § 14-23; Ord. No. 760 § 1(N),
12-9-1982 and Ord. No. 3359 § 5, 12-14-2000, was repealed
4-24-2014 by § 17 of Ord. No. 6120.
[R.O. 2007 § 605.075; CC 1979 § 14-15; Ord. No. 760 § 1(F), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 4338 §§ 1 — 2, 9-13-2005]
A.
It shall be unlawful for any person to operate a business or manufacture, engage in a trade, vocation, profession or occupation unless and until all personal taxes, merchant taxes, manufacturer taxes, sales taxes, special assessment taxes, other license fees, inspections fees, or any other financial obligations that are delinquent and owing to the City have been paid. No license provided for or required under this Chapter, or any other ordinance of the City nor any permit provided for or required under Chapter 235 of this Code, shall be issued by any department until compliance with this Section shall have been fulfilled.
B.
Nothing contained in this Chapter shall
be construed to relieve any person from the payment of the ad valorem
tax on property. Any payment of any particular imposed fee under this
Chapter shall not relieve the party paying such fee from liability
for any tax specifically imposed for any business he/she may carry
on.
C.
This Section shall be in full force and
take effect from and after the first day of December, 2005.
D.
In addition to the provisions of this Section,
beginning January 1, 2009, the possession of a statement from the
Department of Revenue stating no tax is due under Sections 143.191
to 143.265, RSMo., or Sections 144.010 to 144.510, RSMo., shall also
be a prerequisite to the issuance or renewal of any City or County
occupation license or any State license required for conducting any
business where goods are sold at retail. The statement of no tax due
shall be dated no longer than ninety (90) days before the date of
submission for application or renewal of the City or County license.
[R.O. 2007 § 605.080; CC 1979 § 14-25; Ord. No. 760 § 1(P), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
Unless otherwise herein provided,
business licenses are non-transferable.
[R.O. 2007 § 605.085; CC 1979 § 14-26; Ord. No. 760 § 1(Q), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
A.
No business license as herein provided
shall be issued to anyone to carry on any business, trade, professional,
vocation or occupation, either in whole or in part, on a vacant lot
or parking lot unless the following requirements are met; provided
that no business shall be permitted to operate not to exceed four
(4) times per calendar year and seven (7) consecutive days or less;
or not to exceed two (2) times per calendar year and fourteen (14)
consecutive days or less, whether on the same or different vacant
lots or parking lot, and provided that a separate business license
and occupancy permit shall be required for each period of consecutive
days.
1.
Occupancy approval from both the
St. Peters Building Department and the appropriate Fire Protection
District ensuring adequate parking, adequate restroom facilities,
and any other requirements that the Building Department and Fire Protection
District may deem necessary. Parking is to be on site or on an adjacent
lot; if on an adjacent lot, written permission must be received from
that property owner; parking area must be graveled or paved, including
ingress and egress. Upon determination by the City Traffic Engineer,
no parking zones may be established on City or State right-of-way.
2.
Written permission from the property
owner for the use of his/her property.
3.
If restroom facilities are to be
utilized off-site, written permission must be obtained from the owner
of those facilities.
[1]
Editor's Note: Former Section 605.090, Rights-Of-Way, Street,
Highway, Alley Or Thoroughfare, was repealed 9-28-2023 by Ord. No.
7860. Prior history includes R.O. 2007, CC 1979, Ord. No. 760, Ord.
No. 816, Ord. No. 1145, Ord. No. 1761, Ord. No. 3359, and Ord. No.
5920.
[R.O. 2007 § 605.095; CC 1979 § 14-28; Ord. No. 760 § 1(S), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
All business licenses issued by the
City shall be signed by the City Clerk, City Collector and Mayor as
required by Section 94.230, RSMo.
[R.O. 2007 § 605.098; Ord. No. 3728 § 1, 10-24-2002; Ord. No. 5696 § 2, 11-17-2011]
A.
No business license, as herein provided, shall be issued to any person to carry on any business, trade, profession, vocation or occupation, either in whole or in part, which utilizes or employs underground storage tanks, as that term is defined in Section 230.290 of this Code, unless the applicant for such business license shall submit the following at the time of original and each renewal application for such business license:
1.
Evidence of financial responsibility
in compliance with the requirements of Sections 319.100 to 319.137,
RSMo., as amended, or any rules or regulations promulgated by any
agency of this State pursuant thereto; and
2.
A copy of the document(s) issued
by the Missouri Department of Natural Resources, or any other agency
of this State, which evidence that the applicant has registered any
and all underground storage tanks with that department, the requirements
of Sections 319.100 to 319.137, RSMo., as amended, or any rules or
regulations promulgated by any agency of this State pursuant thereto,
and which further indicates the number of tanks per address.
[R.O. 2007 § 605.100; CC 1979 § 14-30; Ord. No. 760 § 1(U), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
Definition of "structure" shall be
considered something having a roof (includes a tent) or an area designated
as an open-air market by the Building Commissioner.
[R.O. 2007 § 605.105; CC 1979 § 14-31; Ord. No. 791 § 2, 4-28-1983; Ord. No. 3359 § 5, 12-14-2000]
Any business establishment, whether or not herein specifically identified, which has mechanical or electronic amusement device(s) shall be required to pay, in addition to their regular license fee, an annual license fee as set forth in the fee schedule at Section 605.013 for each mechanical or electronic amusement device situated in their establishment.
[R.O. 2007 § 605.110; Ord. No. 2756 § 1(14-33), 9-25-1997; Ord. No. 3359 § 5, 12-14-2000]
Nothing contained in this Article
shall be construed to relieve any person from the payment of sales
tax which is administered by the State Department of Revenue. Any
person applying for an initial or renewal business license shall possess
a retail sales license and a statement from the Department of Revenue
that the applicant owes no tax due in order to be issued a business
license for the conduct of any business where goods are sold at retail.
All business are to be current in the payment of all sales tax to
the Director of Revenue before renewing their business license. All
delinquent taxpayers will be required to present a statement of no
tax due in order to renew their business license. The statement of
no tax due shall be dated no longer than ninety (90) days before the
date of submission for application or renewal of the City license.
