[R.O. 2011 §5.04.010; Prior Code §18-12; Ord. No. 3921 §1]
It is unlawful for any person to engage in any business, occupation,
pursuit, profession or trade, or in keeping or maintaining any institution,
establishment, article, utility or commodity, without first procuring
and paying for a license to do so as required by this Chapter.
[R.O. 2011 §5.04.020; Prior Code §18-3; Ord. No. 3921 §1]
A license may be issued to any corporation, association or partnership,
or to two (2) or more persons engaged in any joint enterprise, the
same as to a single person and for the same fee, except where otherwise
specially provided.
[R.O. 2011 §5.04.030; Prior Code §18-4; Ord. No. 3921 §1]
A separate license shall be obtained for each place of business
conducted, operated, maintained or carried on by every person engaged
in any occupation, calling, trade or enterprise for which a license
is required by the provisions of this Code or other ordinances of
the City. The Director of Finance shall be notified of any change
of address of such place of business within one (1) week of any such
change.
[R.O. 2011 §5.04.040; Prior Code §18-5; Ord. No. 3921 §1]
A.
Whenever
any applicant for a license is engaged in more than one (1) occupation
or business at the same address, such applicant may, at the applicant's
option, in lieu of making application and paying for a separate occupation
or business license for each such occupation or business, make application
and pay for the occupation or business license for only the major
or principal business or occupation of the applicant at such address.
B.
The
license fee for all such occupations or businesses shall be computed
on the basis of the total annual gross receipts of the applicant derived
from all of the occupations or businesses in which the applicant is
engaged at such address, and the only minimum license fee required
to be paid shall be the one for the occupation or business license
for which application is made; provided however, that this Section
shall apply only to those occupations or businesses where the license
fee in each case would be computed on the basis of the annual gross
receipts of such occupations or businesses if a separate license were
issued for each such occupation or business.
[R.O. 2011 §5.04.050; Prior Code §18-16; Ord. No. 3921 §1]
For the purposes of this Chapter, "annual gross receipts" shall, subject to the provisions of Section 605.060, mean the total amount of the selling price for all sales of materials, goods, wares or merchandise, and the total amount of commission or other remuneration charged or received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in annual gross receipts shall be receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, receipts of agents, brokers or trustees received as commissions or fees earned or charges of any nature made or compensation of any nature received for the performance of any services as agent, broker or trustee, or profits received when such agent, broker or trustee participates as a principal in any transaction.
[R.O. 2011 §5.04.060; Prior Code §18-17.1; Ord. No. 5571 §1, 10-20-1986]
A.
The following shall be excluded from annual gross receipts as defined by Section 605.050; provided that the books of account segregate the amounts so as to reflect these exclusions:
1.
Cash and trade stamp discounts allowed and taken on sales;
2.
Value of property accepted as part of the purchase price for subsequent
resale;
3.
Any sales and excise taxes collected which are separately stated
and collected for and paid to a governmental agency;
4.
Such part of the sale price of property returned by the purchaser
as is refunded either in cash or by credit;
5.
Receipts of refundable deposits, except that refundable deposits
forfeited and taken into income of the business shall not be excluded;
6.
Collection for others where the business is acting as an agent or
trustee to the extent that payments are made to those for whom collected;
7.
Sales of real estate or insurance policies by an agent or broker;
or sales of commodities by a commission broker, except that portion
of the sale which represents commissions or other income to the agent;
8.
That portion of the receipts of a general contractor which represents
payments to subcontractors; provided however, that payment by the
general contractor to the subcontractor must be produced as a condition
precedent to the allowance of this exclusion;
9.
Liquor sales in an amount which, if taxed at the rate of one dollar
sixteen cents ($1.16) per one thousand dollars ($1,000.00) of sales,
would yield a revenue equal to the annual license fee, or the actual
receipts from liquor sales, whichever is the lesser;
10.
From the receipts of vending machine companies, the sum of ten thousand
dollars ($10,000.00) for each automatic vending machine licensed in
the City;
11.
Gasoline sales.
[R.O. 2011 §5.04.070; Prior Code §18-1; Ord. No. 3921 §1]
The Director of Finance shall prescribe the form of all licenses
and applications therefor. Except as otherwise provided by this Code
or other ordinance, all licenses shall be signed by the City Manager
and City Clerk and shall be invalid for all purposes unless so signed.
[R.O. 2011 §5.04.080; Prior Code §18-9; Ord. No. 3921 §1]
The Director of Finance shall keep a complete and perfect record
of all licenses issued showing the nature of the license, its date,
expiration and to whom issued.
[R.O. 2011 §5.04.090; Prior Code §18-2; Ord. No. 3921 §1; Ord. No. 4559 §1]
A.
No
license or permit, provided for or required under any provision of
this Code or other ordinance of the City, shall be issued by any department
of the City Government to any person until all personal taxes, merchants'
and manufacturers' taxes, or other license fees, permit fees, inspection
fees or any other financial obligations which are delinquent and owing
to the City have been paid. No license application or renewal application
shall be approved by the Director of Finance until an occupancy permit
has been issued by the City.
B.
Each
applicant for a business license under this Chapter shall submit a
statement from the Missouri Department of Revenue pursuant to Section
144.083.4, RSMo., stating no tax is due, which statement is a prerequisite
to the issuance or renewal of a City business license. The statement
required by this Section shall be dated within ninety (90) days of
submission of the business license application or renewal application.
C.
Dog
licenses are excepted from the provisions of this Section.
[R.O. 2011 §5.04.100; Prior Code §18-6; Ord. No. 3921 §1; Ord. No. 5355 §1, 2-28-1983]
Except as otherwise specifically provided by ordinance, the
license year for all occupational, business or other licenses shall
begin May first (1st) and end April thirtieth (30th). All such licenses
shall be due and payable on or before April thirtieth (30th) of each
year.
[R.O. 2011 §5.04.110; Prior Code §18-18; Ord. No. 3921 §1]
Every person for whom a license fee is required by this Chapter,
and said fee is to be computed upon the annual gross receipts of such
business shall furnish the City with a correct statement in writing
showing the amount of such annual gross receipts, which statement
shall not be made public or used by the City except for the purpose
of establishing a correct basis for fixing and collecting the amount
of his/her license herein provided. The issuance of any such license
may be withheld until all the requirements thereof have been fulfilled.
[R.O. 2011 §5.04.120; Prior Code §18-17.2; Ord. No. 5571 §1, 10-20-1986]
There shall be allowed as a credit to the license fee based
on the annual gross receipts fee the following: Any business license
fee paid to Cities other than University City.
[R.O. 2011 §5.04.130; Prior Code §18-7; Ord. No. 3921 §1]
An occupation or business whose license fee is computed on the
basis of annual gross receipts may elect to report on a fiscal year
basis; provided that the accounting statements and Federal Government
reports are made according to the fiscal year; provided further, that
the application to the City for a license shall indicate the fiscal
period for which annual gross receipts are reported. An occupation
or business electing to report on a fiscal year basis must secure
the consent of the Director of Finance before changing the reporting
method.
[R.O. 2011 §5.04.140; Prior Code §18-11; Ord. No. 3921 §1; Ord. No. 4470 §1; Ord.
No. 5264 §1, 11-3-1980]
Every person conducting any business, industry or enterprise
for which no license is specified in this Chapter or in any other
Section of this Code shall procure a license therefor from the City
and pay a license fee of thirty dollars ($30.00) per year for the
same.
[R.O. 2011 §5.04.150; Prior Code §18-8; Ord. No. 3921 §1]
All licenses or occupational taxes required to be paid by any
provision of this Code or other ordinance of the City shall be deemed
delinquent if not paid on the date such payment is due; and all persons
so delinquent in the payment of such taxes shall be required to pay
an additional five percent (5%) of the tax found to be due for the
first (1st) month or part thereof and five percent (5%) per month
for each month or part thereof thereafter such delinquency shall continue,
not exceeding twenty-five percent (25%) in the aggregate.
[R.O. 2011 §5.04.160; Prior Code §18-10; Ord. No. 3921 §1; Ord. No. 4672 §1]
[R.O. 2011 §5.04.170; Prior Code §18-15; Ord. No. 3921 §1; Ord. No. 4427 §1]
The Director of Finance, or any designated deputy or designated
agent or designated certified public accountant employed by the Director
of Finance, shall have the right to subpoena business records and
books of any license holder or applicant for any license; and the
Director of Finance shall further have the right at all reasonable
times during regular business hours to audit or examine the books
and records of any license holder or any applicant for any license
for the purpose of determining the truthfulness and accuracy of any
statements made by a license holder in the license holder's application
for license or the payment of the license holder's license tax.
[R.O. 2011 §5.04.180; Prior Code §18-13; Ord. No. 3921 §1]
It is unlawful for any person to knowingly make a false statement
in his/her application for license as to his/her annual gross receipts,
or as to other conditions or factors upon which the license fee is
or shall be based.
[R.O. 2011 §5.04.190; Prior Code §18-14; Ord. No. 3921 §1]
Any person found making a statement showing annual gross receipts
in an amount less than the true amount thereof in his/her application
for a license, or knowingly making a false statement as to any other
condition or factor upon which the license fee is or shall be based,
the effect of which would be to reduce the amount of such fee, shall,
in addition to all other penalties now provided by law, pay to the
Director of Finance, upon demand therefor, the additional amount of
license fee found to be due, plus a penalty of twenty-five percent
(25%) of such additional amount, with interest on the additional license
fee of one percent (1%) per month for each month or major fraction
thereof after the date when the original license fee was due and payable
to the Director of Finance; and any license theretofore issued to
any such person shall be subject to revocation if so determined by
the Council.
[R.O. 2011 §5.04.200; Prior Code §18-14.1; Ord. No. 4441 §1]
In addition to the penalties provided in Section 605.190, if the City Council revokes the license under the terms of such Section, then the City Council may further, in its discretion, revoke the occupancy permit of the premises occupied by such person, firm or corporation.
[R.O. 2011 §5.04.220; Prior Code §18-19; Ord. No. 4376 §1; Ord. No. 4471 §1; Ord.
No. 4531 §1; Ord. No. 4621 §1; Ord. No. 4749 §1; Ord.
No. 5007 §1; Ord. No. 5224 §1, 5-12-1980; Ord. No. 5251 §1, 11-30-1980; Ord. No. 5338 §1, 7-12-1982; Ord. No. 5356 §1, 2-28-1983; Ord. No. 5467 §3, 1-28-1985; Ord. No. 6192, 1999; Ord. No. 6722 §3, 2008; Ord. No. 6756 §3, 2008]
Every person engaged in any business, occupation, pursuit, profession
or trade or in the keeping or maintaining of any institution, establishment,
article, utility or commodity specified in this Section shall procure
and pay for a license therefor from the City; and such license fees
shall be in the respective amounts set out in this Section except
as otherwise provided by this Code or by ordinance:
|
Ambulance company, whether operated independently or in connection
with some institution, for each vehicle, per year
|
$17.50
|
|
Amusement centers
|
$100.00
|
|
Automatic coin-operated amusement machines, including, but not
limited to, pinball machines, shuffleboard tables or courts and hobby
horse machines, per machine, per year
|
$35.00
|
|
Automatic vending machine companies, per year
|
$1,167.00
|
|
Auction sales, per day
|
$58.00
|
|
Billiard halls
|
$500.00
|
|
Billiard and pool tables, per table, per year
|
$17.50
|
|
Bowling and tenpin alleys, per alley, per year
|
$17.50
|
|
Carnivals and circuses, and accompanying sideshows, per day
|
$58.00
|
|
Employment agencies, per year
|
$87.50
|
|
Itinerant vendor as defined in Section 150.380, RSMo., per day
|
$30.00
|
|
Jukeboxes, per box, per year
|
$17.50
|
|
Open-air parks and gardens, where admission is charged, per
year
|
$58.00
|
|
Penny arcades, per year
|
$17.50
|
|
Ping-pong tables, per table, per year
|
$17.50
|
|
Restaurants and soft drink establishments:
|
$35.00
|
|
Any person licensed as a restaurant or soft drink establishment
for the first time prior to the first day of July of any year shall
be subject to the minimum charge of
|
$35.00
|
|
For any such business license for the first time on July 1st
or thereafter, minimum charge
|
$17.50
|
|
Skating rink, roller or ice, per year
|
$58.00
|
|
Taxicab company, per year
|
$350.00
|
|
Vending machines, food and merchandise, per year:
| |
|
Machines operating with a nickel
|
$16.00
|
|
Machines operating with a dime
|
$12.00
|
|
Machines operating for an amount in excess of $0.10, including
cigarette machines
|
$35.00
|
[R.O. 2011 §5.04.230; Prior Code §18-19.1; Ord. No. 4557 §1; Ord. No. 5357 §1, 2-28-1993]
A.
The Director of Finance or any of the director's duly authorized representatives are authorized to seize and impound any coin-operated vending and dispensing machines or any devices for the sale of goods, wares or merchandise, cigarettes, cigars, candy, food, gum and beverages; any automatic coin-operated amusement machine; or any coin-operated machine or slot or slug device for the purpose of showing a person's weight, providing storage for articles, lockers, and in taking photographs of persons, found within the City, which is being operated or exposed for operation in violation of the provisions of Section 605.210. The Director of Finance or any of the director's duly authorized representatives shall leave a receipt with the person in possession of the premises from where such machine or device is seized; such receipt shall describe any and all machines or devices seized and such receipt shall bear the signature of the person seizing the machine or device, along with the address and telephone number of the Director of Finance. In the event a machine or device is seized on the street, alley or other public way, the Director of Finance or any of the director's duly authorized representatives shall post, within ten (10) feet of where the machine or device is seized, a notice that the machine or device has been seized, signed by the person seizing the machine or device, along with the address and telephone number of the office of the Director of Finance.
Such automatic vending machines or slot or slug device so seized
may be held by the Director of Finance for a period of thirty (30)
days; and if not claimed by the owner or person in whose possession
or custody such machine or device was found within that time, the
same shall be sold thereafter at a public auction, notice of such
sale to be published in the St. Louis Countian or The Watchman Advocate,
newspapers of general circulation within this City, at least ten (10)
days prior to the date of sale, and from the proceeds of such sale
shall collect the tax due thereon plus a sum of twenty-five dollars
($25.00) as a penalty in lieu of the sum assessed in this Section,
together with the cost of seizing, sorting and advertising the sale.
The balance from the sale shall be held by the Director of Finance
and kept in a special account and be paid over to the owner or person
in whose possession or custody such machine or device was found if
the person makes a claim within twelve (12) months from the date the
machine was seized by the Director of Finance; all money not claimed
after twelve (12) months is to be paid into the General Revenue Fund
of the City.
B.
Such seizure and sale shall not be deemed to relieve any person from any other penalty for violation of Section 605.210.
C.
No
seized automatic coin-operated amusement machine, coin-operated service
device, or slot or slug device shall be released until the owner or
the person in whose possession or custody such machine or device was
found has paid to the Director of Finance the costs provided herein.
[R.O. 2011 §5.04.240; Prior Code §18-20.1; Ord. No. 4119 §1]
Every person engaged in any business, occupation, pursuit, profession
or trade or in the keeping or maintaining of any institution, establishment,
article, utility or commodity specified in this Article shall procure
and pay for a license therefor from the City, and such license fees
shall be in the respective amounts set forth herein.
[R.O. 2011 §5.04.270; Prior Code §18-20.6; Ord. No. 4119 §1]
The definition of "employee", as used in this
Article, shall be construed as having the same meaning as the definition
of "insured work" as set forth in Chapter 288, Section
288.030, RSMo., relating to employment security.
[R.O. 2011 §5.04.280; Prior Code §18-20.5; Ord. No. 4119 §1]
The license fee of a business or occupation shall be based on
the number of its employees during the preceding license year. The
fee for a new business shall be based upon the estimate of regular
employees in such business during the license year.
[R.O. 2011 §5.04.290; Prior Code §18-20.3; Ord. No. 4119 §1; Ord. No. 4473 §1; Ord.
No. 5252 §1, 11-3-1980]
The businesses and occupations described in Section 605.270 shall pay an annual license fee of the amount of six dollars ($6.00) per employee per year, with a minimum of thirty dollars ($30.00) per year.
[R.O. 2011 §5.04.260; Prior Code §18-20.2; Ord. No. 6054 §1(part), 1996; Ord. No. 6192, 1999]
The following businesses and occupations shall be licensed:
Adjusters and collectors
Advertising agents
Agents or solicitors for any surety companies
Amusement ticket brokers
Building companies
Claim agents
Cooperative insurance agents
Insurance agents maintaining an office in the City
Insurance brokers maintaining an office in the City
Insurance solicitors
Intelligence and employment agents and office keepers thereof
Lumber agents
Lumber brokers
Manufacturers' agents
Merchandise brokers
Newspaper advertising sales
Nurseries and nurserymen
Produce brokers
Produce dealers
Real estate agents maintaining an office in the City
Real estate brokers maintaining an office in the City
Rental agents.
[R.O. 2011 §5.04.300; Prior Code §18-20.4; Ord. No. 4119 §1; Ord. No. 4474 §1; Ord.
No. 5253 §1, 11-3-1980]
Any person, firm or corporation listed in this Section shall
pay an annual license fee in the amount of six dollars ($6.00) per
employee per year, with a minimum of two hundred thirty-three dollars
($233.00) per year and a maximum of one thousand one hundred sixty-seven
dollars ($1,167.00) per year:
Bankers
Banking corporations
Bonding companies
Brokerage companies
Financial agents
Insurance companies of whatever class or character
Investment companies
Lenders of money or chattels and chattel mortgages
Loan agents
Loan companies
Surety companies
Trust companies.
[Ord. No. 6981 §1, 3-9-2015]
A.
Permit Required. Any food and beverage establishment
that intends to provide outdoor dining on public or private property
shall be required to obtain an annual outdoor dining permit.
B.
Application and Permit Fee. Every business providing
an outdoor dining area for patrons on public or private property must
obtain a valid outdoor dining permit. Said permit shall be renewed
on an annual basis. Businesses must obtain an outdoor dining permit
by the beginning of the outdoor dining season, or prior to providing
outdoor dining. If a business applies for an outdoor dining permit
during the middle of the outdoor dining season, the permit fee will
be pro-rated. An annual fee of one-hundred dollars ($100.00) is due
with the permit application. Department of Community Development staff
will inspect all outdoor dining area to ensure businesses have obtained
a valid outdoor dining permit.
C.
Outdoor Dining Season. Outdoor dining is allowed
between March 1 and December 31 of each year, or any day that the
temperature is at least fifty degrees Fahrenheit (50° F.). During
the off-season, all outdoor dining furniture and barriers shall be
stored indoors.
D.
Outdoor Dining Hours and Location. Outdoor dining
is allowed during any hours that the business is open and operating
within the outdoor dining season. Outdoor dining can only be located
directly adjacent to the business storefront for which the outdoor
dining permit has been issued and may not encroach or spill over in
front of neighboring businesses or properties. Outdoor dining shall
only be located between the front building wall of the establishment
and the curb. The following guidelines must be adhered to in order
to obtain an outdoor dining permit:
1.
All outdoor dining furniture must be located so that a minimum
four-foot wide clear zone for pedestrians is maintained at all times,
in compliance with the Americans with Disabilities Act (ADA) requirements;
2.
Within the pedestrian clear zone there shall not be any obstructions
including, but not limited to trees, bike racks, newspaper stands,
parking meters, trash receptacles, and light poles;
3.
No outdoor dining furniture shall obstruct the pedestrian clear
zone at any time;
4.
No element of outdoor furniture may block any ingress/egress
to the business establishment or any Fire Department connections;
5.
Outdoor dining furniture shall located at least five (5) feet
from any curb ramps at intersections;
6.
Temporary barriers or planters are allowed so long as they do
not interfere with the pedestrian clear zone.
E.
Outdoor Dining Standards.
1.
Furniture. The City does not regulate the material
for tables and chairs. However, furniture should be made of a durable
material and maintained in appearance and kept clean. Tables and chairs
are allowed to be secured outside overnight during outdoor dining
season, but must be removed and stored indoors during the off-season.
2.
Umbrellas. Umbrellas must be located completely
out of the pedestrian clear zone, unless they are at least six and
one-half (6.5) feet above the sidewalk when opened.
3.
Fencing, Barriers, and Planters. Outdoor dining
may be separated from the right-of-way by the use of a temporary railing,
fence, or planters. Such barriers must be durable and removable when
not in use. Planters must be maintained with live plants. All barriers
must adhere to the following guidelines:
a.
No portion of a barrier shall be located in the four-foot wide
pedestrian clear zone.
b.
Any fencing must be at least thirty (30) inches in height but
no taller than forty-two (42) inches.
c.
Barriers shall not be anchored to the public sidewalk at any
time.
d.
Barriers located on public property must be removed during the
off-season.
4.
Trash. Businesses are required to maintain
the outdoor dining area and adjacent public places free from all refuse
of any kind. Trash shall not overflow onto the ground and the sidewalk
shall be kept clean from food and beverage materials. Any food, beverage,
or other items spilled must be cleaned and removed for the safety
of pedestrians.
F.
Outdoor Dining Permit Revocation. Department of
Community Development staff will conduct inspections to ensure compliance
with these regulations and require corrections to any violations in
a timely manner. Any business that does not adhere to the outdoor
dining regulations shall be subject to permit revocation at any time
during the outdoor dining season, or subject to non-renewal of the
outdoor dining permit.
