[Ord. No. 698 Art. I §1, 12-18-2003]
As used in any ordinance adopted by the City of Dardenne Prairie
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
amusement devices for use or operation by the public or any establishment
deriving over one-half (½) its gross income from the utilization
of mechanical 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 Dardenne Prairie.
Any dwelling other than a hotel where meals or lodging and
meals, for compensation, are provided for three (3) or more persons.
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 of Dardenne Prairie, a municipality of the fourth
class.
The City Clerk for the City of Dardenne Prairie.
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.
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 ordinances of the City of Dardenne
Prairie 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 nor 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 Dardenne Prairie.
Any item containing or having as part of its composition
any precious or semi-precious stones customarily used in jewelry or
ornamentation.
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 Dardenne
Prairie.
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 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.
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.
A massage practitioner who administers massage therapy or
massage procedures for any form of consideration and who is licensed
by this municipality to practice massage in a licensed massage establishment.
Any person who provides such services in this municipality for compensation
must be so licensed. The title licensed massage practitioner may be
applied only to an individual, not to a group, association, partnership
or corporation. Each massage practitioner in a group massage practice
must be individually licensed.
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
"licensed massage practitioner".
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, professional, vocation or occupation
as mandated by the City Code.
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 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, 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 required 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, entertainment or amusement, of any kind or description
whatever, with the exception of juke boxes which shall not be considered
mechanical amusement devices under this Section.
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 entertainment, game, show, exhibition, activity, amusement,
gathering or assembly of persons within the City, including outdoor
public dances or outdoor dance exhibitions, where there will be presented
as the primary source of entertainment outdoor live or recorded musical
entertainment and which the promoter has reason to believe will attract
one hundred (100) or more persons at any one 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.
A person or group who conducts a business, profession or
occupation other than a business or profession or occupation specifically
identified in this or other City ordinances and which business, profession
or occupation is conducted by traveling to individual residential
units in a door-to-door manner.
The definition shall specifically include, but not be limited
to, selling of goods, wares and merchandise and the act of soliciting
as defined herein. Operations selling their excess homegrown produce
at their property shall not be considered peddlers/solicitors and
shall not be required to be licensed.
Any individual, co-partnership, 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.
Any place which is held out to the public principally as
a place where persons may dance by paying an admission for the right
to dance to an orchestra, musical instruments or music-making machine
or by furnishing their own music by juke box or otherwise, whether
such place is operated in conjunction with other business activities
or not.
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, law enforcement,
municipal or other governmental uses.
Requesting or attempting to sway an owner, his/her lawful
agent or representative to give permission to a tow truck to remove,
repair or store a vehicle for monetary consideration without a previous
request from the owner, his/her lawful agent or representative.
Any method of placing designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin with ink or colors,
by the aid of needles or instruments.
Any place or facility where the art of tattooing is performed.
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.
Any public dance hall in which the participants are teenagers
between the ages of thirteen (13) and eighteen (18) inclusive.
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 semi-tractors.
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.
[Ord. No. 698 Art. I §2, 12-18-2003]
No person shall be engaged in, prosecute or carry on any business, trade, profession, vocation or occupation, either in whole or in part, in the City by maintaining an office in the City or by soliciting orders through such office or by any other manner whatsoever without having first paid a license fee where applicable or agreeing to pay a license tax (i.e., public utilities) and having been issued a license/certificate when applicable as provided for in this Chapter under the power of Section 94.270, RSMo., and as provided in other applicable City ordinances; provided however, the provisions of this Chapter with regard to the general business licensee fee shall not apply to professions as set forth in Sections 71.520 and 71.530, RSMo., nor to any business, trade, profession, vocation or occupation which is exempt by State law from license taxes nor to not-for-profit organizations; and provided further, that a business license shall not be required for business or occupations which are conducted from a person's own residence provided the business or occupation is conducted seven (7) days or less per calendar year, except as provided in Sections 405.420 and 405.480(5) of the Zoning Ordinance of 2001; nor to agencies for which a contribution is provided in the City budget; nor to political and government agencies.
[Ord. No. 698 Art. I §3, 12-18-2003]
Whenever in this Chapter or any of the ordinances of the City
a license is required for the maintenance, operation or conduct of
any business, trade, profession, vocation or occupation or for doing
business or engaging in any activity or occupation, any person or
corporation shall be subject to the requirement if by himself or through
an agent, employee or partner he/she holds himself forth as being
engaged in the business, trade, professional, vocation or occupation;
or solicits patronage therefor, actively or passively; or performs
or attempts to perform any part of such business or occupation in
the City.
[Ord. No. 698 Art. I §4, 12-18-2003; Ord. No. 1151 §2, 4-18-2007; Ord. No. 1313 §1, 6-4-2008; Ord. No. 1530 §1, 10-20-2010; Ord. No. 1598 §1, 2-1-2012]
A.
Applications
for all licenses and permits required by ordinance shall be made in
writing to the City Clerk in the absence of a provision to the contrary.
Each application shall state the name of the applicant, the permit
or license desired, the location to be used, if any, the time covered
and the fee to be paid; and each application shall contain such additional
information as may be needed for the proper guidance of the City Officials
in the issuing of the permit or license applied for. The completed
application shall be submitted to the City Clerk's office along with
the appropriate fees. It shall be unlawful for any person to supply
false or fraudulent information on the application filed with the
City. An application shall be completed for each type of business
whether at the same or different locations, provided that the provisions
of the peddler/solicitor business license shall prevail for that type
of license.
B.
In addition to the requirements in Subsection (A) of this Section, beginning January 1, 2009, an applicant must submit, with the application or renewal, proof of possession of a valid and current retail sales license from the Missouri Department of Revenue and a statement from the Department of Revenue that the licensee owes no tax due under Sections 144.010 to 144.510 or Sections 143.191 to 143.261, RSMo., and submission of such shall be a prerequisite to the issuance or renewal of any City license which is required pursuant to this Chapter for conducting any business where goods are sold at retail. The date of issuance on the statement that the licensee owes no tax due shall be no more than ninety (90) days before the date of submission for application or renewal of the local license.
C.
Denial. The City may refuse to grant or renew any license
for any of the following reasons:
1.
Failure to have or to provide proof of Workers' Compensation coverage
as required under Section 287.061, RSMo., as amended;
2.
Providing fraudulent information regarding Workers' Compensation
coverage on an application for business license;
3.
The business or activity sought to be licensed would be conducted
in violation of any law of the United States or of the State or ordinance
of the City; or
4.
Any other basis for denial or revocation as set out in this Title
VI.
[Ord. No. 698 Art. I §5, 12-18-2003]
A.
The
purpose of this Section is to provide a document covering all license
fees, administrative fees and investigation fees or processing fees
connected with the issuance or renewal of licenses for any business
license by the City designed to recoup costs expended by the City
in connection with issuing such licenses. The fees provided herein
shall apply in place of any earlier provision in any other ordinance.
In the absence of provision to the contrary, all fees and charges
for licenses or permits shall be paid in advance at the time application
therefor is made to the City Clerk. The fees and charges for businesses,
trades, professions, vocations or occupations not listed in this Chapter,
if any, shall be as stated in the specific ordinances or parts of
ordinances relating to those businesses or operations.
1.
Types of fees. The following are the types of fees
that are covered by this Section:
a.
A license fee paid by the operator of the business for the issuance
of the license.
b.
A non-refundable investigation fee covering the cost of investigating
to determine whether the applicant is eligible for a license. This
type of fee shall be charged only in instances specified in this Chapter
or in any other applicable ordinance. This fee shall be in addition
to the license fee.
c.
A non-refundable processing fee covering the cost of processing an
application. This type of fee shall be charged only in instances specified
in this Chapter or in any other applicable ordinance. This fee shall
be in addition to the license fee.
2.
Fees established. Until otherwise provided by ordinance,
the following annual fees shall be charged for the businesses and
operations specified. The fee shall be a license fee unless the phrase
"investigation fee" or the phrase "processing fee" appears with the
amount of the fee.
|
License Type
|
License Fee
| |
|---|---|---|
|
Adult Entertainment, Adult Book Stores, Adult Video Stores
|
$500.00 Annual application fee
| |
|
$500.00 Investigation fee for new applicant
| ||
|
$250.00 Investigation fee for repeat applicant
| ||
|
Mechanical Amusement Centers/Arcade Center
|
$225.00 Application
| |
|
$150.00 Renewal fee
| ||
|
General Business
|
$75.00 Application
| |
|
$25.00 Renewal
| ||
|
Hotel/Lodging/Rooming/Boarding/ Private Club
|
Hotel
| |
|
$75.00 Application
| ||
|
$25.00 Renewal
| ||
|
Rooming/lodging and boarding
| ||
|
$75.00 Application
| ||
|
$25.00 Renewal
| ||
|
Private Club
| ||
|
$75.00 Application
| ||
|
$25.00 Renewal
| ||
|
Itinerant Vendor
|
$75.00 First thirty (30) day license term in a twelve (12) month
period
| |
|
$75.00 Subsequent thirty (30) day license term in a twelve (12)
month period
| ||
|
Live Entertainment Business
|
$250.00 Annual application fee
| |
|
Massage Operator/Practitioner
|
$75.00 Application
| |
|
Massage Business
|
$25.00 Renewal
| |
|
$250.00 Annual Investigation
| ||
|
Pawnbroker/Solicitor
|
$500.00
| |
|
$500.00 Investigation fee for a new applicant
| ||
|
$250.00 Investigation fee for a repeat applicant
| ||
|
Peddler/Solicitor
|
$75.00 First thirty (30) day license term in a twelve (12) month
period
| |
|
$75.00 Subsequent thirty (30) day license term in a twelve (12)
month period
| ||
|
Tattoo Establishment
|
$75.00 application
| |
|
$25.00 renewal
| ||
3.
All applicants holding a current valid general business license prior
to the date that the provisions of this Chapter become effective shall
only be required to apply for a renewal of its license and pay the
requisite fee for renewal of a general business license.
[Ord. No. 698 Art. I §6, 12-18-2003]
The license fees are imposed for the privilege of carrying on
the business or doing the act named in the City for the year from
January first (1st) to December thirty-first (31st), inclusive, unless
otherwise herein provided. The fees shall be due and payable on or
before the first (1st) day of December of the year preceding the license
year, unless otherwise herein provided. With respect to a new business,
the license fee thereon shall be due and payable prior to the day
such business is opened to the public, unless otherwise herein provided.
License fees (application fees and other associated costs) during
such one (1) year period shall not be prorated.
[Ord. No. 698 Art. I §7, 12-18-2003]
A.
Whenever
inspections of the premises used for or in connection with the operation
of a licensed business, profession or occupation are provided for
or required by ordinance or are reasonably necessary to secure compliance
with any ordinance provision or to detect violations thereof, it shall
be the duty of the licensee, or the person in charge of the premises
to be inspected, to admit thereto for the purpose of making the inspection
any officer or employee of the City who is authorized or directed
to make such inspection at any reasonable time that admission is requested.
B.
Whenever
an analysis of any commodity or material is reasonably necessary to
secure conformance with any ordinance provision or to detect violations
thereof, it shall be the duty of the licensee of the municipality
whose business is governed by such provision to give to any authorized
officer or employee of the City requesting the same sufficient samples
of such material or commodity for such analysis upon request.
C.
In
addition to any other penalty which may be provided, the Board of
Aldermen may revoke the license of any license proprietor of any licensed
business in the City who refuses to permit any such officer or employee
who is authorized to make such inspection or take such sample to make
the inspection or take an adequate sample of said commodity or who
interferes with such officer or employee while in the performance
of his/her duty in making such inspection. Provided, that no license
shall be revoked for such cause unless written demand is made upon
the licensee or person in charge of the premises, in the name of the
City, stating that such inspection or sample is desired at the time
it is sought to make the inspection or obtain the sample.
[Ord. No. 698 Art. I §8, 12-18-2003; Ord.
No. 2016, 3-18-2020]
A.
Inspections.
1.
Persons Authorized. The following persons are authorized to conduct inspections in the manner prescribed in Section 605.070 or as otherwise described herein:
a.
City Clerk. The City Clerk, or his/her representative or designee,
shall be authorized to make all inspections and investigations as
necessary to enforce applicable provisions of this Chapter.
b.
Police Officers. Police Officers shall be authorized to make all
inspections and investigations as necessary to enforce applicable
provisions of this Chapter.
c.
Code Enforcement Officer. The Code Enforcement Officer, or such other
person as may be designated by the City Administrator from time to
time, shall be authorized to make any inspections necessary to enforce
applicable provisions of this Chapter.
2.
Authority Of Inspectors. All persons authorized herein to make investigations
or inspections are empowered and authorized to seek entry onto any
premises for which a license is required for the purposes of performing
their duties authorized pursuant to this Chapter.
3.
Reports By Inspectors. Persons making investigations or inspections
as herein authorized shall report violations to the City Clerk and
shall submit such other reports as requested.
B.
Revocation
Or Suspension/Provisional Order. Any license may be revoked or suspended
for a period not to exceed thirty (30) days by the City Clerk at any
time for conditions or considerations which, had they existed at the
time of issuance, would have been valid grounds for its denial; for
any misrepresentation of a material fact in the application discovered
after issuance of the license; or for violation of any provision of
this Chapter, a Statute of the State, or the license relating to the
business, occupation or activity for which such license was issued.
No license shall be revoked or suspended until the City Clerk has
issued a provisional order which directs the licensee to cease and
desist from any violations of and to comply with the law or ordinance.
1.
Notice. The order of the City Clerk and all other notices shall be
in writing and shall state sufficient facts to apprise the person
affected of the specific grounds for revocation or suspension, the
specific language of any ordinance violated, and the penalty for a
violation of the ordinance. Delivery of the order to the licensee
or his/her agent or employee shall be by certified mail with a return
receipt requested to the address listed on the most recent application
or renewal filed with the City Clerk including any updated addresses
filed with the City Clerk by the licensee. The provisional order shall
inform the offending person of his/her right to appeal under this
Section.
2.
Compliance. The order shall require compliance within ten (10) calendar
days of service of the notice or such greater length of time as specified
by the City Clerk.
3.
Provisional Order Final. The provisional order shall become final
upon the expiration of the time for compliance set forth in the provisional
order, unless a timely appeal of the provisional order is filed consistent
with the requirements of this Section.
C.
Appeal.
Any applicant or licensee aggrieved by the decision of the City Clerk
to deny, suspend or revoke any license pursuant to the provisions
of this Section shall have the right to appeal such action to the
City Administrator consistent herewith.
1.
Application For Hearing.
a.
Provisional Order — Aggrieved Person. Before the expiration
of the period for compliance, the licensee aggrieved by a provisional
order may file with the City Clerk a written request for a hearing
before the City Administrator contesting all or part of the provisional
order. Upon the filing of such a request, the City Clerk shall transmit
the request and all documents and records relating to the provisional
order being appealed to the City Administrator.
b.
License Denial. Within ten (10) days of the denial of a business
license, the person who was denied a license may file with the City
Clerk a written request for hearing before the City Administrator
contesting the license denial. Upon the filing of such a request,
the City Clerk shall transmit the request and all documents and records
relating to the denied license application being appealed to the City
Administrator.
c.
Content Of Request For Appeal. The request for appeal shall be duly
signed and acknowledged by the person requesting the appeal. Each
request for appeal must include the following:
(1)
The name, address, phone number and electronic mail address
of the party filing the request for appeal;
(2)
A statement setting forth the standing of the party to file
the appeal;
(3)
The Application Number or License Number on the application
or license that is the subject of the appeal; and
(4)
A statement of the basis for the appeal, setting forth the part
of the order contested, the basis for the contest, the specific applicable
facts, and applicable provisions of the City Code, and the relief
sought.
2.
Hearing Procedure. Where a hearing has been requested pursuant to
this Section, the City Administrator shall set the matter for hearing
within a reasonable time. At least ten (10) days' notice of the hearing
shall be given to the appellant except in cases where the immediate
protection of the public health, safety or welfare of the residents
of the City may make a shorter time necessary.
b.
Evidence, Witnesses.
(1)
Parties shall have the right to call and examine witnesses,
introduce exhibits, cross-examine opposing witnesses and impeach any
witness.
(2)
Oral evidence shall be taken only on oath or affirmation.
(3)
All evidence shall be suitably recorded and preserved.
(4)
The technical rules of evidence shall not apply, except the
City Administrator may exclude evidence which is irrelevant or repetitious.
(5)
Each party shall be entitled to present written briefs at or
no later than five (5) days after the conclusion of the hearing.
D.
Final
Order. After the hearing, the City Administrator shall issue a final
order based upon and concurrent with the issuance of findings of fact
and conclusions of law.
E.
Findings.
The City Administrator shall make written findings of fact and conclusions
of law within ten (10) working days of the hearing. Such findings
shall be based upon competent and substantial evidence found in the
record as a whole. A copy of the City Administrator's order and the
findings of fact and conclusions of law shall be delivered to the
City Clerk and to the appellant.
F.
Summary
Action. When the conduct of any licensee, agent or employee is so
inimical to the public health, safety and general welfare as to constitute
a nuisance and this gives rise to an emergency, the City Clerk shall
have the authority to summarily order the cessation of business and
the close of premises or to suspend or revoke the license. Unless
waived in writing within ten (10) days after summary action by the
City Clerk, the City Administrator shall conduct a special hearing
for such action. Notice and procedure for the special hearing shall
be as previously provided for a regular hearing.
G.
Right
Of Appeal. Any person aggrieved by the decision of the City Administrator
shall have the right to appeal to the Circuit Court pursuant to Chapter
536, RSMo.
[1]
Editor's Note: Former Section 605.090, Suspension or Revocation
and Hearing Provisions, was repealed 3-18-2020 by Ord. No. 2016.
[Ord. No. 698 Art. I §10, 12-18-2003]
A.
In addition to and as an alternative to the enforcement procedures contained at Section 605.080, any application for a business license may be rejected, or a license revoked (or suspended for a period up to thirty (30) days) in cases where it has been previously issued, upon the determination that:
1.
False or inaccurate statements or representations are contained in
the application or made to a City Official at the time of application;
2.
In case any licensee or employee of any business establishment required
to have a business license has a prior record of criminal convictions
or during the license period has pled guilty to or been convicted
of a violation of Federal, State or municipal law which violation,
in the sole discretion of the City of Dardenne Prairie, renders the
licensee or business establishment unfit to engage in such licensed
activities;
3.
There are any other matters which on the part of the applicant or
licensee exhibit a moral turpitude, lack of integrity or dishonesty
detrimental to the health, safety or welfare of the community.
[Ord. No. 698 Art. I §11, 12-18-2003]
Licenses issued pursuant to any provision of the ordinances
of the City shall not authorize any person to exercise or carry on
the business, trade, profession, vocation or occupation specified
in the license in any other place than that provided by the license.
[Ord. No. 698 Art. I §12, 12-18-2003]
A separate license shall be issued and a separate license fee
paid (where applicable) for each place of business and every class
of business for which a license is required by ordinance.
[Ord. No. 698 Art. I §13, 12-18-2003]
A.
License
renewals shall be as follows:
1.
Anyone wishing to continue conducting his/her business, trade, profession,
vocation or occupation which requires a business license pursuant
to any provision of the City Code shall apply to the City Clerk for
license renewal thereof on such application form as shall be provided
by the City Clerk no later than December first (1st) of each year.
2.
Renewal application shall contain the name, address and license number
of the licensee's operation, and the licensee shall indicate any changes
from the information furnished to the City Clerk at the time of the
original or previous application.
3.
An application for renewal shall be accompanied by the annual application fee and any necessary additional fees, all of which shall be set forth on the fee schedule at Section 605.050.
4.
The City Clerk shall renew such license if he/she shall find that
such operation has been conducted in accordance with all applicable
laws and ordinances.
[Ord. No. 698 Art. I §14, 12-18-2003; Ord.
No. 2016, 3-18-2020]
A.
Any
person, including any employer of any person, who fails to comply
with or commits any violation of any provision of the Code shall be
guilty of an ordinance violation punishable, upon conviction thereof,
by a fine in an amount not to exceed five hundred dollars ($500.00).
This fine shall be in addition to any other penalties prescribed in
any ordinance of the City or the laws of the State; and each day such
violation continues shall be deemed a separate offense.
B.
In
addition to the enforcement provisions contained elsewhere in the
ordinances of the City, any person carrying on or pursuing any business,
trade, profession, vocation or occupation which requires either a
general business license or a special business license without first
having obtained the appropriate license therefor shall be liable for
the following penalties which shall be paid in addition to any license
fee before any license may be issued:
1.
Initial Licensing. If any person shall commence business in the City
without first having been licensed, and if the license fee (where
applicable) is not paid within thirty (30) days after opening, a penalty
of fifteen percent (15%) will be added for each thirty (30) day period
of operation without the appropriate license, but in no event shall
the amount of the penalty exceed fifty-five percent (55%) of the amount
of the license fee, and the delinquent may be prosecuted.
2.
Renewal Licensing. If any person shall continue to operate a business,
profession or occupation within the City without first renewing the
appropriate license as described in the ordinances of the City, a
penalty percentage of the fee shall be added as follows: Five percent
(5%) during the month of January, ten percent (10%) during the month
of February; thereafter a penalty of fifteen percent (15%) per month,
but in no event shall the amount of the penalty exceed fifty-five
percent (55%) of the amount of the license fee, and the delinquent
may be prosecuted.
C.
Collateral
Actions To Enforce.
1.
The City may institute a civil suit seeking injunctive relief and/or
damages where appropriate.
2.
No civil judgment or any act by the City Attorney, the City Clerk,
the City Administrator or the licensee or other persons affected shall
bar or prevent a prosecution for each and every violation of this
Chapter.
[1]
Editor's Note: Former Section 605.150, Executions —
Collection of Delinquent License Fees, was repealed 3-18-2020 by Ord.
No. 2016.
[Ord. No. 698 Art. I §16, 12-18-2003]
The City Clerk shall consult the Board of Aldermen when he/she
has reason to doubt the classification or the occupation of any person
applying to obtain a license or the truth of the statements made by
such person, and the Board shall have full power to decide the matter
in a summary manner.
[Ord. No. 698 Art. I §17, 12-18-2003]
Nothing contained in this Chapter shall be construed to relieve
any person from the payment of the ad valorem tax on property. Any
payment of any particular imposed fee under this Chapter shall not
relieve the party paying such fee from liability for any tax specifically
imposed for any business he/she may carry on.
[Ord. No. 698 Art. I §18, 12-18-2003]
Unless otherwise herein provided, business licenses are non-transferable.
[Ord. No. 698 Art. I §19, 12-18-2003]
A.
No
business license as herein provided shall be issued to anyone to carry
on any business, trade, professional, vocation or occupation, either
in whole or in part, on a vacant lot or parking lot unless the following
requirements are met; provided that no business shall be permitted
to operate not to exceed four (4) times per calendar year and seven
(7) consecutive days or less or not to exceed two (2) times per calendar
year and fourteen (14) consecutive days or less whether on the same
or different vacant lots or parking lot, and provided that a separate
business license and occupancy permit shall be required for each period
of consecutive days.
1.
Occupancy approval from both the City Engineer and the appropriate
fire protection district ensuring adequate parking, adequate rest
room facilities and any other requirements that the City Engineer
and fire protection district may deem necessary. Parking is to be
on site or on an adjacent lot; if on an adjacent lot, written permission
must be received from that property owner; parking area must be graveled
or paved, including ingress and egress. Upon determination by the
City Engineer, no parking zones may be established on City or State
right-of-way.
2.
Written permission from the property owner for the use of his/her
property.
3.
If rest room facilities are to be utilized off-site, written permission
must be obtained from the owner of those facilities.
[Ord. No. 698 Art. I §20, 12-18-2003]
It shall be unlawful for any person or organization to conduct
or be engaged directly or indirectly in peddling, hawking, huckstering,
selling, soliciting or offering to sell by direct solicitation any
service or merchandise of any kind or nature in any right-of-way,
City streets, highways, alleys or thoroughfares within the City or
by their conduct to invite any person or persons to come into the
right-of-way for such purpose. No provision of this Section shall
pertain to the sale of newspapers and news periodicals as provided
by law from racks.
[Ord. No. 698 Art. I §21, 12-18-2003]
All business licenses issued by the City shall be signed by
the City Clerk, City Treasurer and Mayor as required by Section 94.230,
RSMo.
[Ord. No. 698 Art. I §22, 12-18-2003]
Definition of "structure" shall be considered
something having a roof (includes a tent) or an area designated as
an open-air market by the City Engineer.
[Ord. No. 698 Art. I §23, 12-18-2003]
Any business establishment, whether or not herein specifically identified, which has mechanical amusement device(s) shall be required to pay, in addition to their regular license fee, an annual license fee as set forth in the fee schedule at Section 605.050 for each mechanical amusement device situated in their establishment.
[Ord. No. 698 Art. I §24, 12-18-2003]
Nothing contained in this Article shall be construed to relieve
any person from the payment of sales tax which is administered by
the State Department of Revenue. All business are to be current in
the payment of all sales tax to the Director of Revenue before renewing
their business license. All delinquent taxpayers will be required
to present a statement of no tax due in order to renew their business
license.
