[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.