[R.O. 2012 §605.010; CC 1988 §605.010; Ord. No. 803, 5-29-1990; Ord. No. 1049 §1, 6-21-1994; Ord. No. 1222 §1, 7-18-2000; Ord. No. 1227 §1, 8-28-2000]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section
as follows:
Gross receipts during the last completed calendar year of
the licensee preceding each license year.
A savings and loan association or building and loan association
organized under the laws of the State of Missouri, any other State
or under the laws of the United States and having an office in the
City of Warson Woods.
Every bank and every trust company organized under any general
or special law of the State of Missouri and every national banking
association located in the City of Warson Woods.
All callings, businesses, dealers, trades, avocations, pursuits, professions not exempt by law, occupations and enterprises with the exception of merchants, manufacturers and those specifically exempted from local licensing by Statutes of the State and shall be construed to include also the selling of goods, wares and merchandise other than from a store, stand or place of business in the City, persons dealing in or rendering services of any and all kinds to persons or property, and persons renting or hiring property or facilities to others, and those who conduct activities for which an admission is charged or consideration is received for attendance at performances, shows, spectacles or other events, or for participation in contests or games or for use of facilities or accommodations operated or maintained by such persons. The term business, occupation or trade shall include the business of operating or maintaining one (1) or more telecommunications antenna (as defined in Chapter 417 of the Warson Woods Code) in the City.
Every person, firm, partnership, or corporation engaged principally
in the consumer credit or loan business in the making of loans of
money, credit, goods, or things in action, or in the buying, selling
or discounting of, or investing in negotiable or non-negotiable instruments
given as security for or in payment of the purchase price of consumer
goods. Without limiting the generality of the foregoing, the term "credit institution" shall include persons, firms, partnerships
and corporations, operating or licensed under the small loan laws
of the State of Missouri, or under the laws of the State of Missouri
relating to loan and investment companies, and pawnbrokers, but shall
not include banks, trust companies, credit unions, insurance companies,
mutual savings and loan associations, savings and loan associations,
or real estate mortgage loan companies.
A credit union organized under Section 370.010, RSMo., of
the laws of the State of Missouri or the United States and located
within the City of Warson Woods, the principal business of which,
during the taxable year, consisted of receiving the savings of members
and making loans to members.
The sum of lawful money of the United States of America required
to be paid to the City by any business, occupation or trade for license
before commencing business as such.
The aggregate amount of all sales, transactions, fees, commissions,
rental and leasing fees, and shall include the receipt of cash (or
accrual basis), credits and property of any kind or nature without
any deductions therefrom on account of the cost of any items, sold,
the cost of any materials used, or of any labor, service costs, interest
paid or payable, or any losses or any other expenses whatsoever; provided
that, the following shall be excluded from any computations of gross
receipts if the books of accounts segregate the amount so as to reflect
such exclusions:
Receipt of taxes levied by State and Federal Governments collected
by the seller.
Receipts of traded merchandise recorded as cash receipts and
placed in inventory to be a sale upon such resale.
Cash and trade stamp discounts allowed and taken on sales.
Transfer for resale of like items not for profit to other independent
dealers.
International sales within the organization of the seller.
Such part of the sales price of goods, wares, merchandise or
personal property returned by the purchaser as if refunded either
in cash or by credit.
Receipts of refundable deposits, except that portion of refundable
deposits forfeited and taken in the gross receipts of the seller.
Receipts for sale of gasoline for highway use.[1]
A period of twelve (12) calendar months beginning on the
first (1st) day of January in each year, or in the case of those businesses
established subsequent to the first (1st) day of January at the beginning
of doing business, and ending on the following thirty-first (31st)
day of December.
Every person required to have a current license as well as
one holding a license.
Every person engaged in treating, processing, refining, improving,
combining, fabricating, assembling or otherwise adding to the utility
value, or appearance of commodities and other personal property, whether
done on order or for sale upon expected or anticipated demand or orders
for the manufactured goods.
Every person who shall make or cause to be made any wholesale
or retail sales or sales as a jobber of goods, wares and merchandise
to any person, or who renders any services in connection with any
such sale, at any store, stand or place in the City shall be deemed
to be a merchant; whether such sales shall be accommodating sales,
sales on consignment or whether made from stock on hand or ordering
goods from another source, or whether the subject of such sales is
a different type of goods than those regularly manufactured, processed
or sold by such dealer.
Total square feet occupied by a business including, but not
limited to offices, interior storage, warehouses, garages, cafeterias,
restrooms, parking lot for which a fee is charged, show room and basement
areas and exterior storage areas.
Any natural individual, partnership, firm, corporation or
association. As applied to partnerships, firms or association, the
term includes the individual partners or members thereof, and the
singular includes the plural.
As used with respect to gross receipts of service occupations
and the license of one dollar ($1.00) of sales of merchants, manufacturers,
and service occupations, means all of the considerations in money,
property, services, or other monies worth, charged, or received for
the sale of goods or wares, merchandise and other products and commodities.
Any antenna as defined in Section 417.030 of the Municipal Code of the City of Warson Woods, Missouri.
[R.O. 2012 §605.020; CC 1988 §605.020; Ord. No. 803, 5-29-1990; Ord. No. 1049 §2, 6-21-1994; Ord. No. 1673, 1-17-2023]
A.
It
is the intention of the Board of Aldermen to license and tax, under
this Chapter, all corporations and institutions, merchants, manufacturers,
commercial enterprises, businesses, dealers, trades, occupations,
pursuits, and avocations which are subject to taxation by the City
under the law, with the exception of those businesses or designated
activities of businesses which are subject to licensing under other
provisions of this Code taxing specifically named and described businesses
or designated activities of businesses. Persons subject to taxing
and licensing under this Chapter, some portion of whose business is
subject to licensing under other provisions of this Code are required
to have such licenses in addition to those required by this Chapter;
but in such case the respective portions of the businesses shall be
treated for taxing and licensing under each applicable provision as
though they were separate and distinct businesses or business activities,
except as hereinafter provided.
B.
The
City License Officer shall make determination whether any particular
business, activity, occupation, vocation or service shall be covered
within the provisions of this Chapter. Such determination shall be
reasonably made, based upon the generally accepted concept of each
such activity, occupation, vocation or service, and with regard for
the intention of the legislature in enactment of Section 94.270, RSMo.,
and other applicable Sections of the Revised Statutes of Missouri.
Such determination by the City License Officer shall be final and
binding on persons affected thereby, unless appealed to the Board
of Aldermen and determination by the Board of Aldermen shall be final
and binding on persons affected thereby, unless and until such determination
is held unreasonable or invalid by a court of competent jurisdiction.
A.
All
applications for the licenses required herein shall be made to the
City Clerk on appropriate forms provided for that purpose by the City.
All licenses issued by the City Clerk shall be in such form as is
provided by the Board of Aldermen; provided however, that such license
shall bear the signature of the Mayor of the Board of Aldermen and
the City Clerk, the date of issuance thereof and the date of expiration,
as well as any additional information that may be required by the
Board of Aldermen.
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.
[R.O. 2012 §605.030; CC 1988 §605.030; Ord. No. 803, 5-29-1990; Ord. No. 1222 §2, 7-18-2000]
A.
No
person coming within the foregoing definitions of a merchant, manufacturer,
business, occupation or trade, nor any person otherwise required to
obtain a license under this Chapter shall do or offer to do business
in the City without first having made application for, procured, and
paid for a license to do so as required by this Chapter.
B.
The
license tax provided for in this Chapter is assessed and payable for
the privilege of engaging in and doing business in the City, and under
this Chapter a business shall be classified as that of a merchant,
manufacturer, business, occupation or trade according to the principal
activity of business.
[R.O. 2012 §605.035; CC 1988 §605.035; Ord. No. 803, 5-29-1990]
No license or permit provided for or required under any ordinance
of the City of Warson Woods may be issued to any person if it appears
to the City License Officer that the thing or conduct to be licensed
or permitted would violate, or would bring about a violation of, the
Zoning Code, the Building Code, or any other ordinance of the City;
or any violation of the Statutes of the State of Missouri. Whenever
a license is refused pursuant to this Section, the applicant may have
the refusal reviewed by the Mayor, who shall direct the issuance of
the license if he/she is advised by the City Attorney that the thing
or conduct to be licensed or permitted would not violate, and would
not bring about a violation of, any ordinance of the City, or the
Statutes of the State of Missouri.
[R.O. 2012 §605.040; CC 1988 §605.040; Ord. No. 803, 5-29-1990; Ord. No. 1227 §2, 8-28-2000]
A.
Merchants. The license fee of merchants shall be calculated
on the gross receipts as defined herein, where applicable, of goods,
wares and merchandise sold in the City arising out of a business wholly
or partly conducted at or in any store, stand, or place, or vehicle
(fixed or movable) in the City.
B.
Manufacturers. The license fee of manufacturers shall be
calculated on the gross receipts as defined herein, when applicable,
of goods manufactured by them in the City, regardless of where the
sales of such manufactured goods may take place or terminate.
[R.O. 2012 §605.050; CC 1988 §605.050; Ord. No. 803, 5-29-1990; Ord. No. 991, 1-19-1993; Ord. No. 1070 §1, 3-21-1995; Ord. No. 1222 §3, 7-18-2000]
A.
When Due. Every merchant, manufacturer, business, occupation
or trade in the City, shall pay a license fee computed in accordance
with this Section not later than the last day of February of each
license year. Such fees shall be due and payable at the time of commencing
of operations or business in the City by any business or occupation
and thereafter not later than the last day of February after the beginning
of each license year.
The Collector shall have the discretion, upon good cause shown,
to extend the time for filing a Business License Application, and
paying said license fee, for a period not to exceed, in each case,
sixty (60) calendar days.
B.
New Business. Every business that commences after the start
of the license year shall estimate the amount of gross receipts for
the remainder of the license year. Such estimates shall be made until
the business completes a full license year. Adjustments shall be made
on all licenses to reflect the actual gross receipts. If the new licensee
is required to pay a fee based on occupied space or a flat fee, such
fee shall be prorated monthly for the remainder of the license year.
C.
Amount. Every merchant and manufacturer, business, occupation,
or trade in the City is required to pay annually to the City Collector
the highest amount calculated of the following three (3) formulas:
1.
Gross receipts. The rate of one dollar ($1.00) per
one thousand dollars of gross receipts or fraction thereof during
the preceding license year.
2.
Occupied space. The rate of twelve and one-half
cents ($0.125) per square foot of occupied space of the business.
3.
Flat fee. One hundred dollars ($100.00), except:
a.
Canvassers, solicitors, peddlers, hawkers, or itinerant vendors: First (1st) day ten dollars ($10.00) per individual; each month
or part thereafter ten dollars ($10.00) per individual. No permit
fee shall be required for not-for-profit organizations.
b.
Vending machines not covered by Chapter 640: Ten
dollars ($10.00) per machine except that for one cent ($0.01) vending
machines the tax shall be one dollar ($1.00) and for five cents ($0.05)
vending machines the tax shall be five dollars ($5.00), respectively.
c.
For the following businesses, the license fee shall be the higher
of twelve and one-half cents ($0.125) per square foot occupied or
the flat fee of five hundred dollars ($500.00) per year:
Banking institutions, credit institutions, loan companies, savings
and loan associations, building and loan associations, credit unions
and any business which does not generate gross receipts.
D.
Telecommunications Antennae. Every owner or operator of
a telecommunications antenna installed in the City shall pay an annual
fee of one thousand dollars ($1,000.00) per antenna.
[R.O. 2012 §605.060; CC 1988 §605.060; Ord. No. 803, 5-29-1990]
The City License Officer shall, upon disapproving any application,
direct the City Collector to refund all money paid in advance; provided
that, the applicant is not otherwise indebted to the City. When the
issuance of a license is refused and any action or proceeding is brought
by the applicant to compel its issuance, such applicant shall not
engage in the business for which the license was refused.
[R.O. 2012 §605.070; CC 1988 §605.070; Ord. No. 803, 5-29-1990]
All business shall pay a license fee annually based on Section 605.050. It is the responsibility of the City License Officer to determine which category is applicable.
[R.O. 2012 §605.080; CC 1988 §605.080; Ord. No. 803, 5-29-1990]
For each business required by this Chapter to be licensed, a
separate license shall be obtained. A person engaged in two (2) or
more businesses at the same location shall be required to obtain a
separate license for each business.
[R.O. 2012 §605.090; CC 1988 §605.090; Ord. No. 803, 5-29-1990]
Except as may be provided otherwise by this Chapter, no license
shall be required of any person for mere delivery in the City of any
property purchased or acquired in good faith from such person at his/her
regular place of business outside the City where no intent by such
person is shown to evade the provisions of this Chapter.
[R.O. 2012 §605.100; CC 1988 §605.100; Ord. No. 803, 5-29-1990]
A license may be issued to two (2) or more persons engaged in
any joint enterprise or joint venture the same as to a single person
and for the same fee, except as may be otherwise specifically provided
for.
[R.O. 2012 §605.110; CC 1988 §605.110; Ord. No. 803, 5-29-1990]
When applying for a license to open, carry on or conduct any
business as a merchant, manufacturer or business, occupation or trade
or as otherwise required under this Chapter, an applicant for such
license shall submit to the City License Officer a completed application
form as such form shall be prescribed by such City License Officer
and modified from time to time in accordance with the City ordinances.
Blank application forms may be obtained at the office of the City
License Officer; provided however, that under no circumstances shall
failure to receive an application form from the City excuse compliance.
[R.O. 2012 §605.120; CC 1988 §605.120; Ord. No. 803, 5-29-1990]
No person shall make a false statement in his/her application
for any license as to his/her gross annual business or gross annual
receipts or as to any other condition or factor upon which the license
fee or the granting of the license is or shall be based. A licensee
is required to furnish documentation of all statements made on his/her
application form upon request by the License Officer.
[R.O. 2012 §605.130; CC 1988 §605.130; Ord. No. 803, 5-29-1990]
No license shall be issued to any trade, profession, vocation,
business or occupation until all financial obligations, required to
have been paid by such trade, business or occupation to the City,
have been paid.
[R.O. 2012 §605.140; CC 1988 §605.140; Ord. No. 803, 5-29-1990]
A.
Each
licensee or applicant for a license under the provisions of this Chapter
who was required to file a sales tax return with the State shall provide
to the City the sales tax number as assigned by the State's Department
of Revenue.
B.
Every
licensee or applicant for license shall, upon demand by the City License
Officer, file with the City Clerk's office, a certified copy of any
State sales tax return made by such applicant or licensee during a
period of three (3) years prior to such demand. Refusal to comply
with the provisions of this Section shall be deemed cause for revocation
of license or refusal to grant any license applied for.
[R.O. 2012 §605.150; CC 1988 §605.150; Ord. No. 803, 5-29-1990]
All licenses shall be in such form as may be prescribed by the
City Collector who shall issue such licenses, except however, as may
be otherwise provided by ordinance. No license shall be valid for
any purpose unless it has been signed by the City Collector and shall
have the Corporate Seal of the City affixed thereto.
[R.O. 2012 §605.160; CC 1988 §605.160; Ord. No. 803, 5-29-1990]
Each license granted by the City shall be carefully preserved
and shall be displayed in a conspicuous place in the place of business
authorized to be conducted by such license.
[R.O. 2012 §605.180; CC 1988 §605.180; Ord. No. 803, 5-29-1990]
No license shall be assigned or transferred.
[R.O. 2012 §605.185; Ord. No. 1163 §3, 2-17-1998]
A Business License Review Committee consisting of the Mayor,
Chief of Police and City Clerk is hereby established. The Committee
shall review all applications for a new business license and application
for renewal when there is a change of facts or information from that
shown in the original application. The Chief of Police shall cause
an investigation to be made to verify the accuracy of the information
contained in the application. The Committee shall direct the City
Clerk to issue the license if it is satisfied that the information
contained in the application is substantially complete and correct,
that the application complies with the requirements of this Chapter,
that the applicant is in compliance with all requirements of this
Chapter, and that the proposed business of the applicant is in compliance
with State and Federal law and the ordinances of the City of Warson
Woods.
[R.O. 2012 §605.190; CC 1988 §605.190; Ord. No. 803, 5-29-1990]
If, during the period for which a license is issued pursuant
to the provisions of this Chapter, there is any change of facts or
information differing from that set forth in the original or in any
renewal application on file, written notice thereof must be given
to the City Clerk within ten (10) days after such change.
[R.O. 2012 §605.195; Ord. No. 1163 §4, 2-17-1998]
Applications for a new business license shall be referred to the Business License Review Committee established pursuant to Section 605.180. Likewise, any application for renewal of a business license which contains a change of facts or information from that shown in the original application shall be referred to the Business License Committee.
[R.O. 2012 §605.200; CC 1988 §605.200; Ord. No. 803, 5-29-1990; Ord. No. 1163 §1, 2-17-1998]
Applications for renewal of a business license shall be made on the same form used for new business license and only change of facts or information from that shown in the original application need be furnished. All applications for renewal shall be accompanied by the fee required for such licenses. If an application for renewal contains a change of facts or information from that shown in the original application, it shall be referred to the Business License Committee established pursuant to Section 605.180.
[R.O. 2012 §605.210; CC 1988 §605.210; Ord. No. 803, 5-29-1990]
When any person engages in two (2) or more businesses at the
same location, he/she shall pay a licenses fee equal to the sum of
all fees for each business so licensed.
[R.O. 2012 §605.220; CC 1988 §605.220; Ord. No. 803, 5-29-1990]
Except as may be provided otherwise in this Chapter, a person
shall be deemed to be in business within the meaning of this Chapter
when he/she is selling any goods or service, soliciting business,
or offering goods or service for sale or hire, or using any vehicle
or premises in the City for business purposes.
[R.O. 2012 §605.230; CC 1988 §605.230; Ord. No. 803, 5-29-1990]
The local agents or other representatives of non-residents who
are doing business in this City shall be personally responsible for
the compliance of their principals and of the business and enterprises
they represent with all applicable provisions of this Chapter.
[R.O. 2012 §605.240; CC 1988 §605.240; Ord. No. 803, 5-29-1990; Ord. No. 1163 §2, 2-17-1998]
A.
The
City Clerk shall be the City License Officer and shall issue all licenses
and permits required by this Chapter in the name of the City to qualified
applicants in accordance with the provisions of this Chapter.
B.
The City License Officer shall issue a business license to a qualified applicant only after the necessary review has been made pursuant to Section 605.195 in the case of a new license and pursuant to Section 605.200 in the case of a renewal license and after all taxes due to the City and applicable fees have been paid to the City.
[R.O. 2012 §605.250; CC 1988 §605.250; Ord. No. 803, 5-29-1990]
Each business, occupation or trade in the City required to pay
a license fee based on gross receipts shall keep proper books of account
or record, and shall enter therein an account of all the gross receipts
of such business, occupation or trade which records shall always be
open to inspection by the City Collector or his/her deputy or any
certified public accountant employed by the City for the purpose of
auditing or examining the books or records of any licensee or any
applicant for any license for the purpose of determining the truthfulness
or accuracy of any statements made by the applicant in his/her application
for license or in the payment of the license tax provided for by this
Chapter.
[R.O. 2012 §605.260; CC 1988 §605.260; Ord. No. 803, 5-29-1990]
The City License Officer, and all other City Officers and officials
who may be officially concerned with administering and enforcing this
Chapter, shall keep all information furnished and secured under the
authority of this Chapter in strict confidence. Such information shall
not be subject to public inspection and shall be kept so that the
contents thereof shall not become known, except to the persons charged
with the administration of this Chapter; provided that, this Section
shall not prohibited any City Officer from testifying as to such information
in compliance with a subpoena issued from a court of competent jurisdiction
or from the Board of Aldermen in any proceeding before it.
[R.O. 2012 §605.270; CC 1988 §605.270; Ord. No. 803, 5-29-1990]
Any act or duty required or authorized to be performed under
the provisions of this Chapter by any officer or agency of the City
may be performed by any duly authorized agent or deputy of such officer
or agency.
[R.O. 2012 §605.280; CC 1988 §605.280; Ord. No. 803, 5-29-1990]
For purposes of enforcing this Chapter, the City License Officer,
the City Collector and the City Police shall each have authority to
inspect and examine businesses to enforce compliance. Such persons
authorized to inspect licenses shall have the authority to enter at
all reasonable times.
[R.O. 2012 §605.290; CC 1988 §605.290; Ord. No. 803, 5-29-1990]
The provisions of this Chapter shall not be applicable to any
non-profit organization, association or establishment except as otherwise
provided herein, nor to any business, occupation, pursuit, profession
or trade which the City may be prohibited by law from licensing or
regulating.
[R.O. 2012 §605.300; CC 1988 §605.300; Ord. No. 1036 §2, 4-19-1994; Ord. No. 1312 §1, 4-20-2004]
A.
Delinquent License Fees. All license fees provided for in
this Chapter, or any amendment thereto, shall be deemed delinquent
if not paid on the date due and payable, and any business, occupation
or trade so delinquent in the payment of such license fee shall be
required to pay to the City Collector a delinquent fee of two percent
(2%) per month, compounded daily, of the license fee or any outstanding
part thereof, during the period that such license fee remains unpaid
after its due date, in addition to any other penalty prescribed by
ordinance; but in no instance shall any delinquent fee be less than
one hundred dollars ($100.00) per month, or part thereof, such delinquency
continues.
B.
False Statements Causing Reduction In Payment. Any business,
occupation or trade making a statement in his/her application for
a license under this Chapter showing the annual gross receipts in
an amount less than the true amount thereof, or 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 license fee, shall pay to the City the additional amount of
license fee found to be due, plus a penalty of twenty-five percent
(25%) of such additional amount, plus one and one-half percent (1.5%)
per month, or fraction thereof, on such additional amount from the
date when the original license fee become due and payable, in addition
to any other penalties prescribed herein.
C.
Non-Compliance Or Violation An Ordinance Violation. Any
failure to comply with, or any violation of, any provision of this
Chapter, shall be an ordinance violation and each day such failure
to comply or such violation continues shall be deemed a separate offense.
D.
Action By The Prosecuting Attorney And Police Department. In the case of any non-compliance or violation of this Chapter,
the Prosecuting Attorney shall, at the request of the Mayor or the
Board of Aldermen, file a complaint in the Municipal Court of the
City of Warson Woods asking that the Court impose a fine as authorized
by Section 645.010 of this Title, and also requesting the Court to
issue an order requiring the business which is in non-compliance or
violation of this Chapter to suspend its operations until such business
obtains a license and pays all applicable delinquent fees and fines.
The Police Department of the City shall serve a copy of any such complaint
filed by the Prosecuting Attorney and a notice of the date of the
hearing on the owner, manager or other employee of such business.
E.
Suspension Of Business Operations In The City. If pursuant to a complaint filed by the Prosecuting Attorney under Subsection (D) of this Section, there is a showing of any non-compliance or violation of this Chapter, including without limitation, the failure to obtain a license or any renewal thereof or continuing operations after such license has been revoked pursuant to Section 605.310 of this Code, the Municipal Court of the City shall have authority to issue an order requiring such business to suspend its operations in the City until such business obtains a license and pays all applicable delinquent fees and fines. The Police Department of the City shall serve a copy of any order issued by the Municipal Court of the City on the owner, manager or other employee of such business, and the Police Department of the City shall have the authority to close down the business pursuant to such order.
[R.O. 2012 §605.310; CC 1988 §605.310; Ord. No. 803, 5-29-1990; Ord. No. 1015, 10-19-1993]
A.
Automatic Revocation. Any license issued by the City to a merchant, manufacturer, business, occupation or trade under the provision of this Chapter shall automatically be revoked, as required by Section 144.083, RSMo., by the revocation of the Missouri Sales Tax License issued to the person holding such license. Upon receipt of a notice of the revocation of such Missouri Sales Tax license of a person holding a license under this Chapter, the City Clerk shall immediately cause a written notice of the revocation of that person's City license to be delivered by the Warson Woods Police Department. Such notice shall state that the business of such person shall be suspended forthwith until such time as the Missouri Sales Tax license has been reinstated. This notice shall be enforceable as provided in Section 605.300(D) of this Chapter.
B.
Grounds. Any license issued by the City under the provisions
of this Chapter may be revoked for any of the following reasons, in
addition to any other reason specified in this Chapter:
1.
Any failure to comply with, or any violation of any provisions of
this Chapter, or the laws of the State of Missouri, by any license.
2.
Violation of the terms and conditions upon which the license was
issued.
3.
Violation of any ordinance of the City regulating the business, activity
or thing licensed.
4.
Failure of the licensee to pay any tax or obligation due to the City.
5.
Illegal or improper issuance of the license.
6.
Any misrepresentation or false statement in the application for such
license.
7.
Causing, maintaining or assisting in the cause or maintenance of
a nuisance, whether public or private. For the purpose of this Chapter,
a nuisance is defined as anything done to the annoyance or hurt of
the lands, tenements or hereditaments of another. By hurt or annoyance,
there is meant not a physical injury necessarily, but an injury to
an health, comfort or welfare of the owner or possessor of the property
as respects his/her possession or enjoyment of his/her property.
8.
Revocation of any license shall be in addition to any other penalty
or penalties prescribed in this Code.
C.
Procedure. In any case in which complaint shall be made to the Board of Aldermen that cause exists for the revocation of a license issued under the provisions of Subsection (B) of this Section, the following procedure shall govern:
1.
The Board of Aldermen shall set a hearing to consider the question
of revocation.
2.
At least ten (10) days prior to such hearing, written notice shall
be mailed to the licensee at his/her last known address as shown in
the records of the City Collector, advising the licensee of the time
and place of the hearing and of the reason for considering revocation
of his/her license.
3.
During the pendency of this hearing before the Board of Aldermen,
the licensee shall be permitted to continue the operation of his/her
business.
4.
At the hearing set by the Board of Aldermen, the Board shall hear
all relevant evidence justifying the revocation of the license and
all relevant evidence justifying the retention of the license.
5.
The affirmative vote of a majority of a quorum of the Board of Aldermen
shall be necessary to revoke any license.
[R.O. 2012 §605.330; CC 1988 §605.330; Ord. No. 803, 5-29-1990]
A.
Any
person or persons jointly or severally aggrieved by any decision of
the Board of Aldermen of the City may present to the Circuit Court
having jurisdiction in St. Louis County a petition, duly verified,
stating that such decision is illegal in whole or in part, specifying
the grounds of the illegality and asking for relief therefrom. Such
petition shall be presented to the court within thirty (30) days after
the filing of the decision in the office of the Board of Aldermen.
B.
Upon
the presentation of such petition, the court may allow a writ of certiorari
directed to the Board of Aldermen for review of the data and records
acted upon or it may appoint a referee to take additional evidence
in the case. The court may reverse or affirm or may modify the decision
brought up for review.
C.
Costs
shall not be allowed against the Board of Aldermen unless it shall
appear to the Court that it acted with gross negligence or in bad
faith or with malice in making the decision appealed from.
D.
Reasonable
attorney fees of the City shall be reimbursed to the City by the person
or persons, jointly or severally, taking an appeal from the decision
of the Board of Aldermen where the decision of the Board of Aldermen
is affirmed by a final order of the Court.
[R.O. 2012 §605.340; CC 1988 §630.030; Ord. No. 79 §§1 — 3, 3-16-1953; Ord. No. 905, 11-19-1991; Ord. No. 1310 §1, 3-16-2004]
A.
No
person, firm or corporation shall establish, maintain, or operate
or permit to be established, maintained, or operated for hire on property
owned, rented, or leased by them, any bowling alleys, ball and tenpin
alleys, billiards or pool tables.
B.
No bowling alleys, ball and tenpin alleys, billiard or pool tables, shall be authorized to be established, maintained, or operated under any merchant's license now or hereafter issued by the City of Warson Woods. Nothing herein, however, shall be construed to disallow the placement of up to three (3) billiard/pool tables in a general restaurant (as defined in Section 400.020) so long as the establishment generates more revenue from the sale of food and beverages than from billiard/pool tables.
C.
Any
person, firm or corporation, who shall violate the provisions of this
Section shall be guilty of an ordinance violation and each day said
violation continues shall constitute a separate offense.
