[Ord. No. 60 §1, 9-28-1987]
No person shall be engaged in, prosecute or carry on any business,
profession or occupation, either in whole or in part, in the City
of Foristell, 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
where applicable as provided for in this Chapter under the power of
Sections 71.610 and 94.270, RSMo., and as provided in other applicable
City ordinances. However, the provisions of this Chapter, with regard
to the general business license fee, shall not apply to professions
as set forth in Section 71.620, RSMo., nor to not-for-profit organizations.
[Ord. No. 749 §1, 9-21-2009]
As used in this Chapter, the following term shall have this
prescribed meaning:
A location that people report to work regardless of the amount
of time they spend at that location; or to pick up products or equipment
that may be utilized off-site and later returned for unspecified amounts
of time for storage and/or maintenance. Storage of materials or equipment
at any location whether indoor or outdoor that is picked up, distributed
or delivered to other locations shall constitute a separate business
unless covered by the original business license and/or by a conditional
use permit. Individuals not directly employed by the company maintaining
a business license for that location who park their personal vehicles
at the site while picking up, delivering or processing equipment and/or
products will be considered operating a business from this location
and will be required to obtain a separate business license.
[Ord. No. 60 §5, 9-28-1987; Ord. No. 469 §§1 —
2, 12-17-2001; Ord. No.
531 §§1 — 2, 3-3-2003]
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.
The
application for a license as provided for in this Chapter shall be
filed with the City Clerk along with the required fee as provided
herein. It shall be unlawful for any person to supply false or fraudulent
information on the application filed with the City of Foristell. An
application shall be completed for each business, whether at the same
or different location, provided that the provisions for the peddler/hawker/huckster
business license shall prevail for that type of business license.
Forms for application shall be provided by the City Clerk.
C.
The
applicant or renewal shall not be delinquent with any Federal, State
or local taxes. The applicant shall comply with all Federal, State
and local laws, Statutes and codifications pertaining to the use and
condition of the property. If the applicant/renewal business has caused
the City to expend money to protect the citizens of Foristell from
possible dangers, the applicant must reimburse or pay the expenses
of the City before the issuance or renewal of a business license.
D.
Underground Storage Tanks. No business license, as herein provided, shall be issued to any person to carry on any business, trade, profession, vocation or occupation, either in whole or in part, which utilizes or employs underground storage tanks, as that term is defined in Section 245.005 of this Code, unless the applicant for such business license shall submit the following at the time of original and each renewal application for such business license:
2.
A certificate of insurance providing evidence that the applicant
has obtained insurance through the Missouri Petroleum Storage Tank
Fund, or an insurance carrier acceptable to the City, which provides
coverage for the costs of all cleanup resulting from any contamination
of the soil due to leakage of underground storage tanks owned and/or
operated by the applicant at the location for which such business
license is sought or provide a letter issued by the Missouri Department
of Natural Resources, Hazardous Waste Program, Tanks Section, evidencing
its review of a declaration and certification endorsement for financial
responsibility filed by the applicant with the Missouri Department
of Natural Resources pursuant to 10 Mo. CSR 20-11 and requiring no
further action regarding financial responsibility by the applicant.
[Ord. No. 246 §1, 4-21-1997]
No license issued under the provisions of this Chapter shall
be assignable or transferable, but shall apply only to the person
to whom same is issued. In the event any licensee, as provided for
herein, shall move his/her place of business from one location to
another location within the City, said licensee shall submit a statement
of the fact of such change to the City Clerk, who may transfer such
license as to location only. In no event, however, shall such license
be transferred from one person to another or from the kind of business
or occupation originally licensed to another type of business or occupation.
The term of the licenses issued pursuant to the provisions of
this Chapter shall be from January first (1st) to December thirty-first
(31st) of the year of issuance.
[Ord. No. 475 §1, 2-19-2002]
All applications for renewal of a license provided for herein
shall be filed no later than January first (1st) of each year.
Each license issued by the City under the provisions of this
Chapter shall be carefully preserved and shall be displayed in a conspicuous
place in the place of business authorized to be conducted by said
license. If there is no place of business, said license shall be carried
on the licensee's person.
[Ord. No. 60 §9, 9-28-1987]
Licenses under this Chapter shall not authorize any person to
exercise or carry on the trade, business or profession specified in
the license in any other place than that provided for by the license.
[Ord. No. 60 §10, 9-28-1987; Ord. No. 749 §2, 9-21-2009]
Each business whether owned and operated by the same property
owner, landlord, corporation or establishment or being operated under
a lease or rental agreement or otherwise occupied as a companion or
separate business located on the same premises shall require a business
license to operate on those premises. Each business shall require
a business license that will be issued based on the criteria as set
forth in the Building and Zoning Codes of the City of Foristell, i.e.
proper zoning, employee and customer parking, ADA requirements, etc.
[Ord. No. 467 §§1 —
2, 12-17-2001]
A.
Any
license issued by the City pursuant to the provisions of this Chapter
may be revoked by the Board of Aldermen for any of the following reasons,
as well as for any other reasons specified in this Chapter:
1.
Any failure to comply with, or any violation of any provisions of
this Chapter, or any other ordinance of the City regulating the business,
occupation or activity licensed, or the Statutes of the State of Missouri
by any licensee.
2.
Violation of the terms and conditions upon which the license was
issued.
3.
Failure of the licensee to pay any tax or obligation due to the City.
4.
Any misrepresentation or false statement in the application for a
license required herein.
5.
Failure to display the license required herein.
6.
Failing to pay all Federal, State and local taxes when due.
7.
Failing to comply with all Federal, State and local laws, Statutes
and codifications.
8.
Causing the City to expend money to protect the citizens of Foristell
and business failing to reimburse or pay the expenses the City incurs
as a result of such action/inaction or as a result of the conditions
of the business property.
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Revocation of any license shall be in addition to any other
penalty or penalties which may be imposed pursuant to these provisions.
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[Ord. No. 60 §8, 9-28-1987]
A.
In
any case in which a complaint has been made to the Board of Aldermen,
or in which the Board of Aldermen have on their own determined that
cause may exist for the revocation of a license under the provisions
of this Chapter, the following procedures shall be followed:
1.
The Board of Aldermen shall set a date for a hearing to consider
the question of revocation.
2.
At least ten (10) days prior to said hearing, written notice shall
be mailed to the licensee, by registered mail, return receipt requested,
to his/her last known address as shown in the records of the City
Clerk, advising the licensee of the time, date and place of hearing
and of the reason for considering the 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 of Aldermen
shall hear all relevant and material evidence justifying the retention
of the license.
5.
The licensee may be present in person and/or by his/her attorney
and may present evidence.
6.
After hearing the evidence presented, the Board of Aldermen shall
vote on the issue of whether the subject license shall be revoked.
7.
The affirmative vote of a majority of the Board of Aldermen shall
be necessary to revoke any license.
Any person, firm or corporation or co-partnership who shall
violate any provision of this Chapter, or who shall exercise or attempt
to exercise any of the occupations, trades, or avocations, or who
shall carry on, or engage in, or attempt to carry on or engage in,
any of the businesses for which a license is required in this Chapter
in the City of Foristell, without first paying the tax herein levied,
and obtaining a license therefor, shall, upon conviction, be deemed
guilty of an ordinance violation, and shall be punished by a fine
of not less than twenty-five dollars ($25.00), nor more than five
hundred dollars ($500.00). In addition to the above penalties, any
person, firm, or corporation, or co-partnership, who is required to
take out a license, or any such person whose license has expired,
and notice has been given by the City Clerk, shall, if not paid within
ten (10) days after such tax is due pursuant to said notice, pay a
penalty of two (2) times the amount of the license fee, and for every
ten (10) days thereafter, two (2) times the license fee amount shall
be added as a penalty, until the party required to take out such license
shall have complied with the provisions regulating licenses in this
Article. This penalty shall be collected with the license fee by the
City Clerk and paid to the City of Foristell.
[Ord. No. 60 §12, 9-28-1987]
If any license fee due under this Article shall remain unpaid
sixty (60) days after its due date, the City Clerk may forthwith issue
his/her execution under Seal of the City in the usual form for the
collection of fees to the City Clerk, who shall immediately proceed
to collect the delinquent license fee, together with any penalties
and costs due thereon, by distress and sale of defaulter's property
in the same manner as is now provided by law for the collection of
other fees.
[Ord. No. 60 §13, 9-28-1987]
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 the power to decide the matter
in summary manner.
