City of Brentwood, MO
St. Louis County
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Table of Contents
Table of Contents
[R.O. 2009 §12-16]
This Article applies to all business licenses and permits issued by the City in the absence of specific provisions to the contrary.
[R.O. 2009 §12-17; Code 1969 §20-1]
It shall be unlawful for any person to knowingly make a false statement in his/her application for any occupational license as to his/her gross annual business or annual gross receipts or as to any other conditions or factors upon which the license fee is or shall be based.
[R.O. 2009 §12-18; Code 1969 §§20-1, 20-23]
It shall be 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.
[R.O. 2009 §12-19; Code 1969 §20-3]
The Ways and Means Committee of the Board of Aldermen shall prescribe the form of all licenses and applications therefor.
[R.O. 2009 §12-20; Code 1969 §20-4; Ord. No. 3890 §§1 — 2, 6-16-2003; Ord. No. 4321 §1, 1-17-2012]
A. 
No license or permit shall be issued to any person until all personal taxes, merchants' and manufacturers' taxes and other applicable license fees, permit fees, inspection fees and any other financial obligations which are delinquent and owing to the City by any applicant have been paid.
B. 
It shall be the duty of the Ways and Means Committee to establish and promulgate rules and regulations relative to an orderly method of checking unpaid personal taxes or other obligations in order to determine the amounts thereof due and owing to the City by any such applicant.
C. 
Prior to issuing a license or permit, the Department of Planning and Development shall inspect any premises proposed for a business and shall certify that said premises are in conformance with all applicable requirements and are suitable for conducting the business for which a license or permit is sought. Upon such certification and satisfaction of all requirements specific to the license or permit applied for, such license or permit shall be issued.
A. 
When the City issues an occupational or business license for a contractor in the construction industry, the City shall require a certificate of insurance for workers' compensation coverage or an affidavit, the form of which shall be developed by the division, signed by the applicant attesting that the contractor is exempt. The City shall have the duty to investigate any certificate of insurance or affidavit filed pursuant to this Section.
B. 
Any contractor who fails to comply with the provisions of Subsection (A) of this Section shall be denied such a license until he or she furnishes a certificate of insurance.
C. 
It is unlawful, pursuant to Section 287.128, RSMo., for any contractor to provide fraudulent information pursuant to this Section.
D. 
Nothing in this Section shall be construed to create or constitute a liability to or a cause of action against the City in regard to the issuance of any license pursuant to this Section.
[R.O. 2009 §12-21; Code 1969 §20-2; Ord. No. 2868 §1, 4-20-1987; Ord. No. 3594 §1, 3-16-1998]
All licenses shall be regulated and fixed by ordinance and no license shall be issued until the amount prescribed therefor shall be paid to the City Clerk/Administrator. No license shall in any case be assigned or transferred. Licenses shall be signed by the Mayor and by the City Clerk/Administrator who shall affix the corporate Seal of the City thereto.
[R.O. 2009 §12-22; Code 1969 §20-5]
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. 2009 §12-23; Code 1969 §20-6]
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.
[R.O. 2009 §12-24; Code 1969 §20-24; Ord. No. 2884 §1, 9-21-1987; Ord. No. 3379 §1, 2-6-1995; Ord. No. 3579 §1, 12-1-1997; Ord. No. 3580 §1, 12-1-1997; Ord. No. 3957 §1, 12-6-2004; Ord. No. 4141 §§1 — 2, 9-15-2008]
A. 
The license fees for certain businesses, occupations, etc., per year, unless otherwise specified, are as follows:
Amusement parks, miniature golf courses, trampoline parks and similar amusement parks or devices, per year or any part thereof
$150.00
Amusement machines and devices, each
$10.00
Barbershops, per chair
$25.00
Two (2) or more
$50.00
Beauty parlors, per chair
$25.00
Two (2) or more
$50.00
Billboard posters
$5,000.00
Billiard and pool tables, per 1 or more tables
$75.00
Bowling and tenpin alleys, per alley
$25.00
Canvassers, solicitors, peddlers, hawkers, hucksters, itinerant merchants: (See Sections 605.410 et seq.)
Per day, per individual
$5.00
Each individual must register with the Police Department each day before soliciting.
Caterers — Food
$25.00
Cleaning plants and agencies, laundries and agencies or combined
$75.00
Dairy trucks, each
$25.00
Ice cream truck, one-half (½) year
$15.00
Per year
$25.00
Juke boxes, per box
$15.00
Launderette, per machine
$10.00
Maximum
$50.00
Newspaper vending machines, each
$1.00
Parcel delivery service
$75.00
Photographers
$50.00
Reporting services
$50.00
Telecommunication towers and antenna
$5,000.00
Vending machines, per machine
$15.00
One cent ($.01) vending machines (candy), per machine
$10.00
B. 
For the following businesses, the annual license fee shall be the flat fee listed below:
1. 
Financial businesses in excess of seven hundred (700) square feet:
Bank, trust company or loan agency
$3,000.00
Credit union or savings and loan
$2,500.00
2. 
Financial businesses less than seven hundred (700) square feet:
Bank, trust company or loan agency
$500.00
Credit union or savings and loan
$500.00
3. 
License fee for automated teller machines:
Automated teller machine
$100.00
C. 
For the following businesses, the license fee shall be ten cents ($0.10) per square foot with a minimum fee of fifty dollars ($50.00) annually.
Abstract agency
Actuarial firm
Adjustment agency or company
Architect
Auctioneer (per day)
Business or correspondence school
Collection agency
Contractor
Employment agency
Engineer, professional
Food storage locker
Funeral home
Health club
Home for the aged
Insurance agency/brokerage/sale
Insurance companies, all types
Insurance inspection/rating/claim
Land surveyor
Office not otherwise classified
Manufacturing representative
Mortgage broker
Moving and storage
Nursery school
Pawnbroker
Parcel delivery
Pay parking lots
Publisher
Public hall
Real estate agency/brokerage
Storage (public warehouse)
Swimming pools
Ticket or travel agency
Title insurance company
Veterinarian
Warehouse (public)
[R.O. 2009 §12-25; Code 1969 §20-11]
Every person conducting any business, industry or enterprise for which no license fee 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 fifty dollars ($50.00) per year for the same.
[R.O. 2009 §12-26; Code 1969 §20-8; Ord. No. 4166 §1, 2-2-2009]
Licenses shall be due and payable on or before February fifteenth (15th) of each year. Effective as of January 1, 1977, a delinquent charge of ten percent (10%) is to be entered on all known unpaid occupational tax bills. In addition to the late charge, any person who fails to pay the full amount of the license tax on or before the due date therefor shall pay interest on such delinquency at a rate of one percent (1%) per month for each month which payment is delinquent (up to and not to exceed ten percent (10%)). For any business or occupation licensed for the first (1st) time prior to July first (1st) of any year, the full yearly amount shall be charged. For any such business or occupation licensed for the first (1st) time on July first (1st) or thereafter and prior to October first (1st), one-half (½) of the full yearly amount shall be charged. For any such business or occupation licensed for the first (1st) time on or after October first (1st) of any year, one-fourth (¼) of the yearly amount shall be charged.
[R.O. 2009 §12-28; Code 1969 §20-10]
The Board of Aldermen may, before any delinquency and for good cause shown, extend the time for payment for a period not to exceed sixty (60) days.
[R.O. 2009 §12-29; Code 1969 §20-17]
Every person for whom a license is provided in this Chapter, the amount of which license is to be computed upon the amount of gross annual receipts or gross annual commissions of such person, shall furnish the City with a correct statement in writing, showing the amount of such gross annual receipts or gross annual commissions, received, 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 the license provided in this Chapter. All books of account showing the amount of such annual business or gross annual commissions shall be open to the inspection of the City Officials charged with the duty of issuing the license provided in this Chapter and collecting for the same and the issuance of any such license may be withheld until all the requirements have been fulfilled.
[R.O. 2009 §12-30; Code 1969 §20-7]
Except as otherwise specifically provided, the license year for all occupational or other licenses which are issued for an annual specified fee shall coincide with the calendar year, that is to say, the license year shall begin January first (1st) and end December thirty-first (31st).
[R.O. 2009 §12-31; Code 1969 §20-18]
Every licensee or applicant for license shall, upon demand by the Ways and Means Committee or its duly authorized deputy or agent, file with the Committee, deputy or agent 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. 2009 §12-32; Code 1969 §20-16]
The Ways and Means Committee, or any deputy or agent acting for it, shall have the right at all reasonable times during regular business hours to audit or examine the books and records of any licensee or applicant for any license for the purpose of determining the proper basis for his/her license tax or the truthfulness and accuracy of any statement made by such applicant or licensee in his/her application for an occupational license.
[R.O. 2009 §12-33; Code 1969 §20-15]
Any person found making a statement in his/her application for an occupational license showing the gross annual business or annual gross receipts in an amount less than the true amount thereof 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 or ordinance, pay to the City Clerk/Administrator, 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 part thereof from the date when the original license fee became due and payable and any license theretofore issued to any such person shall be subject to revocation.
[R.O. 2009 §12-34; Code 1969 §20-12]
Each license granted by the City shall be carefully preserved and displayed in a conspicuous place in the place of business authorized to be conducted by such license.
[R.O. 2009 §12-35; Code 1969 §20-13]
The City Clerk/Administrator shall keep a complete and perfect record of all licenses issued pursuant to this Chapter showing the nature of the license, its date, expiration and to whom issued.
[R.O. 2009 §12-36; Code 1969 §20-14]
Any licensee desiring for any purpose to obtain a copy of the license theretofore issued to such licensee may obtain the same from the City Clerk/Administrator upon payment of the sum of five dollars ($5.00).
[R.O. 2009 §12-37; Code 1969 §20-19]
A. 
Any of the following shall be considered sufficient cause for the revocation of any license issued by the City, provided that these grounds shall not be deemed the exclusive grounds for such revocation:
1. 
Violation of the terms or conditions upon which the license was issued;
2. 
Violation of any provision of this Code or other ordinance of the City regulating the business, activity or thing licensed, including the violation of any of the provisions of this Chapter;
3. 
Failure of licensee to pay any tax or obligation referred to in Section 605.150;
4. 
Illegal or improper issuance of the license;
5. 
Causing, maintaining or assisting in the cause or maintenance of nuisance, whether public or private. For the purposes of this Chapter, such a nuisance is defined as anything done to the hurt or annoyance of the lands, tenements or hereditaments of another. By hurt or annoyance here is meant not a physical injury necessarily, but any injury to the health, comfort or welfare of the owner or possessor of property as respects his/her possession or enjoyment of his/her property;
6. 
Any misrepresentation or false statement in the application for such license.
[R.O. 2009 §12-38; Code 1969 §20-20]
A. 
In any case in which complaint shall be made to the Ways and Means Committee that cause exists for the revocation of a license issued under this Chapter or issued under any other Chapter of this Code which has no specific provision pertaining to revocation, the following procedure shall govern:
1. 
The Ways and Means Committee or its authorized representative shall set a hearing to consider the question of revocation.
2. 
Written notice of the time and place of this hearing shall be mailed to the licensee at least ten (10) days prior to the hearing.
3. 
During the pendency of this hearing before the Ways and Means Committee or its authorized representative, the licensee shall be permitted to continue the operation of his/her business.
4. 
At this hearing the Ways and Means Committee or its authorized representative shall hear all relevant evidence justifying the revocation of the license and all relevant evidence justifying the retention of the license. If such hearing is before a representative of the Ways and Means Committee, the decision of such representative shall become for all purposes that of the Ways and Means Committee.
5. 
Written notice of the decision of the Ways and Means Committee shall be mailed to the licensee and he/she shall have fourteen (14) days from the date this notice is deposited in the United States mail in which to appeal, in writing, to the Board of Aldermen to amend or overrule the decision of the Ways and Means Committee.
6. 
The Board of Aldermen shall hear any appeal at its first (1st) regular meeting after filing of appeal. During the pendency of this appeal before the Board of Aldermen the licensee shall be permitted to continue the operation of his/her business. The Board of Aldermen shall render its decision upon the appeal not later than the second (2nd) regular meeting following the filing of appeal.
7. 
If the Ways and Means Committee decides that insufficient cause exists for the revocation of the license, then the City Official concerned or any complaining party may appeal this decision to the Board of Aldermen in the same manner as provided in this Chapter for appeal by a licensee.
[R.O. 2009 §12-39; Ord. No. 3555 §1, 7-21-1997]
A. 
The following words and phrases are defined:
ADULT-ORIENTED ITEMS
Shall consist of:
1. 
Sexual devices. Any three-dimensional object designed or marketed as useful primarily in the performance of a sexual act or to enhance or entice sexual stimulation or gratification. Such devices include any item which has no substantial non-sex related utility, such as erotic undergarments and artificial sexual organs, as well as devices with other utility when they are marked for sexual purposes, such as chains, handcuffs or the like, but does not include devices primarily intended for protection of health or prevention of pregnancy; or
2. 
Sexually explicit materials. Any book, magazine, pamphlet, newspaper or other printed or written matter, picture, drawing, photograph, motion picture film, pictorial representation, statue, figure or other three-dimensional object, recording, transcription or anything which is or may be used as a means of communication that depicts, describes or portrays human sexual intercourse, sodomy, bestiality, oral copulation, masturbation, urinary and defecatory functions, sadism, masochism, sado-masochistic abuse, exhibition of the genitals or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
B. 
A sexually oriented business is an adult cabaret or any business which offers its patrons goods of which a substantial or significant portion are sexually oriented material. It shall be presumed that a business that derives thirty percent (30%) or less of its revenue from sexually oriented materials is presumed not to be a sexually oriented business. No building, premises, structure, or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business.