[Ord. No. 60 §3, 9-28-1987]
The supplier of vending machine(s) and amusement devices used for the purpose of delivering goods, wares, merchandise, photographs, entertainment or other objects, excluding United States postage stamps, shall apply for and receive a business license for each device or machine. A listing of the locations of the machines shall be supplied to the City of Foristell.
[Ord. No. 786 §§ 1 — 2, 6-4-2012[1]]
A. 
Definitions. As used in this Section, the following words have the meanings indicated:
CANVASSER
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of:
1. 
Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or
2. 
Distributing a handbill or flyer advertising a non-commercial event or service.
PEDDLER
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of attempting to sell a good or service. A peddler does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit. Such a person is a solicitor.
SOLICITOR
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of:
1. 
Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service; or
2. 
Distributing a handbill or flyer advertising a commercial event or service.
B. 
Exception. This section shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his/her duty for his/her employer.
C. 
City-Issued License.
1. 
No person shall act as a peddler or as a solicitor within the City without first obtaining a City-issued license. A canvasser is not required to have a license but any canvasser wanting a City-issued license for the purpose of reassuring City residents of the canvasser's good faith shall be issued one (1) upon request.
2. 
A license may be issued to an individual, organization or company for a maximum of five (5) days per month on approval by the City Clerk and/or her designee. Any changes in the information submitted on the original application for the applicant or the company, organization, product or service he or she is representing will require a new application and approval. Applications are not transferable from one (1) individual to another.
D. 
Fee.
1. 
The administrative fee for the issuance of each identification card shall be:
a. 
For a peddler or solicitor: ten dollars ($10.00) per day.
b. 
For a canvasser requesting a license for identification purposes: no fee.
2. 
This fee is to offset the administrative cost of issuing the permit and monitoring compliance.
E. 
Application For A City Peddlers, Solicitors And Canvassers License. Any person or organization (formal or informal) may apply for a license by completing an application form at the office of the City Clerk during regular office hours.
F. 
Contents Of Application. The applicant (person or organization) shall provide the following information:
1. 
Name of applicant.
2. 
The permanent and (if any) local address of the applicant.
3. 
Driver's license number.
4. 
Motor vehicle make, model, year, color and state license plate number of any vehicle(s) that will be used.
5. 
Company/organization name, address, phone number, e-mail and, if applicable, the Missouri Sales Tax ID Number as described in Chapter 144 of the Missouri Revised Statutes.
6. 
Description of the product or service being offered, or a copy of the literature to be distributed, or both, if requested by the City Clerk or her designee. No material or product considered to be offensive to the general public may be distributed, advertised or sold.
7. 
If a license is requested for a peddler:
a. 
The name and permanent address of the business offering the event, activity, good or service (i.e., the peddler's principal).
b. 
A copy of the principal's current and valid sales tax license as issued by the State of Missouri, provided that no copy of a license shall be required of any business which appears on the City's annual report of sales tax payees as provided by the Missouri Department of Revenue. The principal must also be current in any obligations to the City, including, but not limited to, any necessary business license or other fees or permits, if the principal has any such obligations.
c. 
The location where books and records are kept of sales which occur within the City and which are available for City inspection to determine that all City sales taxes have been paid.
8. 
If a license is requested for a solicitor:
a. 
The name and permanent address of the organization, person, or group for whom donations (or proceeds) are accepted.
b. 
The web address for this organization, person or group (or other address) where residents having subsequent questions can go for more information.
9. 
Any other information the applicant wishes to provide, perhaps including copies of literature to be distributed, references to other municipalities where similar activities have occurred, etc.
G. 
Distribution Of Handbills And Commercial Flyers. In addition to the other regulations contained in this Section, a solicitor or canvasser leaving handbills or commercial flyers about the community shall observe the following regulations:
1. 
No handbill or flyer shall be left at, or attached to, any sign, utility pole, transit shelter or other structure within the public right-of-way. The Police are authorized to remove any handbill or flyer found within the right-of-way.
2. 
No handbill or flyer shall be left at, or attached to, any privately owned property in a manner that causes damage to such privately owned property.
3. 
No handbill or flyer shall be left at, or attached to, any of the property having a "no solicitors" sign.
4. 
No person shall throw, deposit or distribute any handbill or flyer upon private premises which are inhabited except by handing or transmitting same directly to some person then present upon such private premises; provided, however, that in the case of inhabited private premises which are not posted against solicitors or solicitors and canvassers, a solicitor or canvasser, unless requested not to do so by someone on such premises, may place or deposit any such handbill or flyer in or upon such premises if such handbill or flyer is so placed or deposited as to secure or prevent such handbill or flyer from being blown away or drifting about such premises or sidewalks, streets or other public places; and further provided that mailboxes may not be used for handbills or flyers unless specifically allowed by Federal law.
5. 
Any person observed distributing handbills or flyers shall be required to identify himself/herself to the Police (either by producing an identification card or other form of identification). This is for the purpose of knowing the likely identity of a suspected perpetrator if the City receives a complaint of damage caused to private property during the distribution of handbills or flyers.
H. 
General Prohibitions.
1. 
No peddler, solicitor or canvasser shall:
a. 
Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right-of-way (public or private) indicating a prohibition against peddling, soliciting and/or canvassing, as the case may be. Such sign need not exceed one (1) square foot in size and may contain words "no soliciting" or "no solicitors," "no peddling" or "no peddlers," or "no canvassing" or "no canvassers," or any combination thereof, in letters of at least two (2) inches in height.
b. 
Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entranceway leading into the residence or dwelling at which guests would normally enter, which sign contains the words similar to that specified in Subsection (H)(1)(a), above, and which is clearly visible to the peddler, solicitor or canvasser.
c. 
Use or attempt to use any entrance other than the front or main entrance to the dwelling or step from the sidewalk or indicated walkway (where one (1) exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
d. 
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
e. 
Use or attempt to use any entrance other than the front or main entrance to the dwelling or step from the sidewalk or indicated walkway (where one (1) exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
f. 
Enter upon the property of another except between the hours of 9:00 A.M. and 8:00 P.M. in the hours of Central Standard Time and 9:00 A.M. and 9:00 P.M. in the hours of Central Daylight Time.
2. 
Except that the above prohibitions shall not apply when the peddler, solicitor or canvasser has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
I. 
Penalty. Any person violating any part of this Section shall be subject, upon conviction, to the payment of a fine of up to five hundred dollars ($500.00) and/or imprisonment in the county jail for up to ninety (90) days, or both such fine and imprisonment.
[1]
Editor’s Note: Section 2 of this ordinance superseded former Section 605.150, Peddler — Hawker — Huckster Business License, adopted and/or amended 9-28-1987 by Ord. No. 60 §§ 6, 15.
[Ord. No. 489 §1, 8-5-2002]
A. 
License Required.
1. 
No person shall erect, maintain, operate or occupy any temporary business stand in the City without first obtaining a temporary business stand license. No sales activities or services offered, other than those outlined in the application for a temporary business stand license, shall be conducted.
2. 
A "temporary business stand" is any stationary booth, tent, storeroom, street or other temporary place for the sale of food, confections, toys, jewelry, groceries, dry goods, drinks of all kind, goods, wares, merchandise or services operated from doorways, building recesses, alleyways, vacant lots, private parking lots, private streets or walkways or any other place near the public streets, highways and rights-of-way of the City.
3. 
Non-profit service club, hobby club, sports club, charitable, religious, fraternal, civic, eleemosynary or educational institutions are exempt from the requirements of this Section for a one (1) or two (2) day event held on private property with private parking and such events are not held more than four (4) times per calendar year by the same organization.
4. 
The following are exempt from the license fee requirements but not the other requirements of this Section: organized garage sales, bake sales, swap meets, hobby shows, arts and crafts shows, fund raising events and other similar temporary events involving more than one (1) booth space or organization provided that:
a. 
The event is sponsored and organized by a non-profit service club, hobby club, sports club, charitable, religious, fraternal, civic, eleemosynary or educational institution, and
b. 
The event is entirely organized, promoted and staffed by unpaid volunteer members of such organization, and
c. 
The expenses of the temporary event are paid by the organization, and
d. 
All receipts go to the organization and not to a paid or professional promoter or organizer.
B. 
License Application. A person desiring a temporary license under this Section shall apply for a temporary business stand license in the manner set out in Section 605.020(B) of this Chapter.
1. 
Name, local address and telephone number of the applicant. (If a corporation, the State in which the business is incorporated.)
2. 
Permanent address of the applicant.
3. 
Name and address of the person for whom the business will be conducted.
4. 
Name and address of the person or persons having management or supervisory responsibilities of the firm represented by the applicant and any other information necessary to properly identify such persons.
5. 
The place or places in the City where applicant proposes to carry on business and the dates during which the business will be conducted.
6. 
A statement of the nature and character of the business to be conducted under the license and any merchandise or service to be offered for sale by the applicant.
7. 
If the applicant has been convicted of a felony, a statement of the nature of each such offense and the City, County and State where each conviction occurred and the date of each offense.
8. 
A letter of approval or copy of lease from the property owner or agent of the premises to be licensed.
9. 
A valid Missouri sales tax number or sales tax exemption certificate.
10. 
Such other relevant information as required by the City Clerk.
C. 
Applicant License Denial Or Issuance.
1. 
If the applicant has been convicted of a felony within the past ten (10) years, the City Clerk may deny the license after considering the nature of the crime committed in relation to the license sought and the conduct of the applicant since the violation.
2. 
Additional reasonable conditions may be imposed upon the issuance of a license by the City Clerk. Permission to operate a temporary business stand may be refused if the applicant is unable to comply with the requirements of this Section and all other applicable laws and regulations.
D. 
License.
1. 
The City Clerk shall issue to each licensee a license containing:
a. 
The words "Temporary Business Stand License",
b. 
The period or dates for which the license is issued,
c. 
The number of the license,
d. 
The place where the business may be conducted, and
e. 
Such other information as the City Clerk shall determine.
2. 
The license shall be posted conspicuously at the place of business.
3. 
The license is not transferable as to person or place of business.
E. 
License Limits. Each license issued under this Section shall be issued for up to fourteen (14) calendar days. Upon written request, the license may be extended up to an additional fourteen (14) calendar days. The dates need not be consecutive. The dates shall be listed in the application and shall be listed on the license as issued and any extension issued. Only one (1) temporary business stand license shall be issued per person or organization in a calendar year. Persons desiring to operate a temporary business stand in excess of the above time frames shall be subject to the procedures for a temporary special event as provided in Section 605.153 of this Chapter.
F. 
Fees.
1. 
The fee for a temporary business stand license under this Section shall be ten dollars ($10.00).
2. 
The fee for an extension of a temporary business stand license under this Section shall be five dollars ($5.00).
G. 
Licensee Additional Duties.
1. 
Licensee shall maintain the business stand location in a clean and safe manner at all times. Licensee shall keep all trash, refuse, rubbish and other debris picked up daily or more often as needed and provide for proper disposal.
2. 
Immediately upon ending use of the temporary business stand location, the licensee shall remove all trash, refuse, rubbish, signs and unsold merchandise from the stand location and any tents, awnings, shelters, tables, fixtures, signs and any other temporary structures. This provision also applies if the licensed location is not going to be used for the licensed purpose for more than twenty-four (24) consecutive hours.
H. 
Compliance With The Law. Owners, operators, managers and employees of temporary business stands shall comply with the pertinent provisions of the City Building Code, zoning regulations and sign regulations. Every owner, operator, manager and employee of a temporary business stand shall comply with all applicable City, State and Federal laws.
I. 
Revocation Of License. The City Clerk for any of the following reasons may revoke licenses issued under this Section:
1. 
Fraud, misrepresentation or false statement contained in the application for license.
2. 
Fraud, misrepresentation or false statement made in the course of carrying on the business.
3. 
Any violation of the City Code of Ordinances.
4. 
Conducting the temporary business in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the health, safety or general welfare of the public.
J. 
Appeals. Any person aggrieved by the action of the City Clerk in the denial of a license or of the revocation of a license may appeal the decision to the Board of Aldermen. The Board of Aldermen shall review the appeal as follows:
1. 
The Board of Aldermen shall set a date for hearing to consider the appeal.
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 the address shown on the applications for a temporary business license advising the licensee of the time, date and place of the hearing.
3. 
During the pendency of the hearing on revocation before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.
4. 
At the hearing the Board of Aldermen shall hear from all parties such relevant and material evidence as the Board determines appropriate.
5. 
The licensee may be present in person and/or may be represented by his/her attorney and may present evidence.
6. 
After hearing evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked or issued.
7. 
The affirmative vote of a majority of the Board members voting shall be necessary to revoke or issue any license.
[Ord. No. 489 §1, 8-5-2002]
A. 
License Required.
1. 
No person shall produce or offer to the public a temporary entertainment event without first obtaining a temporary entertainment event business license. No entertainment activities or services, other than those outlined in the application for a temporary entertainment license, shall be conducted.
2. 
An "entertainment event" includes, but is not limited to, any show, performance, music concert, theatrical event, amusement, carnival or circus.
3. 
A "temporary entertainment event" is any entertainment event which is open to the public and not conducted on a year-round basis within a permanent structure or location and not currently licensed as a business in the City.
4. 
Temporary entertainment events are exempt from the license fee requirements but not the other requirements of this Section if:
a. 
The event is sponsored and organized by a non-profit service club, hobby club, sports club, charitable, religious, fraternal, civic, eleemosynary or educational institution;
b. 
The event is entirely organized, promoted and staffed by unpaid volunteer members of such organization;
c. 
The expenses of the temporary event are paid by the organization; and
d. 
All receipts go to the sponsoring organization and not to a paid or professional promoter or organizer.
5. 
If the temporary entertainment event involves the sale or preparation of food, licensee shall contact the St. Charles County Health Department and shall comply with their regulations regarding food service.
B. 
License Application.
1. 
A person desiring a temporary license under this Section shall apply for a temporary entertainment event license in the manner set out in Section 605.020(B) of this Chapter. A copy of a lease agreement or letter of approval from the property owner for the use of the property must accompany the application.
a. 
Name, local address and telephone number of the applicant. (If a corporation, the State in which the business is incorporated.)
b. 
Permanent address of the applicant.
c. 
Name and address of the person for whom the business will be conducted.
d. 
Name and address of the person or persons having management or supervisory responsibilities of the firm represented by the applicant and any other information necessary to properly identify such persons.
e. 
The place or places in the City where applicant proposes to carry on business and the length of time during which the business will be conducted.
f. 
A statement of the nature and character of the business to be conducted under the license and any merchandise or service to be offered for sale by the applicant.
g. 
If the applicant has been convicted of a felony, a statement of the nature of each such offense and the City, County and State where each conviction occurred and the date of each offense.
h. 
A letter of approval or copy of lease from the owner or agent of the premises to be licensed.
i. 
A valid Missouri sales tax number.
j. 
Such other relevant information as required by the City Clerk.
2. 
At the time of applying for a license pursuant to this Section, the applicant shall also submit to the City Clerk:
a. 
A site plan for the location where the temporary entertainment event is to be held. At a minimum, the site plan shall identify the location of the entertainment stage, spectator seating, parking, location of restroom facilities and street access.
b. 
The total number of spectators expected to attend the entertainment event for which the license is sought.
c. 
A detailed description of the entertainment services to be presented.
C. 
Conditional Use Permit. An applicant for a temporary entertainment event license shall apply for and must receive a conditional use permit from the City Planning and Zoning Commission prior to issuance of a temporary entertainment event license by the City Clerk.
D. 
Applicant License Denial Or Issuance.
1. 
If the applicant has been convicted of a felony within the past ten (10) years, the Planning and Zoning Commission may deny the license after considering the nature of the crime committed in relation to the license sought and the conduct of the applicant since the violation.
2. 
Additional reasonable conditions may be imposed by the Planning and Zoning Commission prior to the City Clerk's issuance of a license. Permission to operate a temporary entertainment event may be refused if the applicant is unable to comply with the requirements of this Section and all other applicable laws and regulations.
E. 
License.
1. 
The City Clerk shall issue to each licensee a license containing:
a. 
The words "Temporary Entertainment Event License",
b. 
The period for which the license is issued,
c. 
The number of the license,
d. 
The place where the business may be conducted, and
e. 
Such other information as the City Clerk shall determine.
2. 
The license shall be posted conspicuously at the place of business.
3. 
The license is not transferable as to person or place of business.
F. 
License Limits. Each license issued under this Section shall be issued for up to seven (7) consecutive calendar days. The dates shall be listed in the application and shall be listed on the license as issued. Only two (2) temporary entertainment event licenses shall be issued per person or organization in a calendar year.
G. 
Fees. The fee for a temporary entertainment event license under this Section shall be twenty-five dollars ($25.00).
H. 
Licensee Additional Duties.
1. 
Licensee shall maintain the temporary entertainment event location in a clean and safe manner at all times. Licensee shall keep all trash, refuse, rubbish and other debris picked up daily or more often as needed and provide for proper disposal.
2. 
Immediately upon ending use of the temporary entertainment event location, the licensee shall remove all trash, refuse, rubbish, signs and unsold merchandise from the event location and any tents, awnings, shelters, tables, fixtures and any other temporary structures.
I. 
Public Liability Insurance Requirements.
1. 
Before any license is issued under this Section for an event to be located on public streets or public property, the applicant must procure public liability insurance with the following coverage naming the City of Foristell as co-insured:
a. 
Bodily injury to or death of any one (1) person in an amount not less than five hundred thousand dollars ($500,000.00).
b. 
Any one (1) accident in an amount of not less than one million dollars ($1,000,000.00).
c. 
Damage to the property of another person in an amount not less than one hundred thousand dollars ($100,000.00) for any one (1) accident.
2. 
The applicant shall file with the City Clerk prior to the issuance of a license a certificate of insurance issued by the insurance carrier as evidence that the public liability insurance requirements have been met.
3. 
Every insurance policy required under this Section shall extend through any setup period, the period covered by the license and any breakdown and cleanup period for the event. The cancellation or termination of such policy shall automatically terminate and revoke the license issued under this Section and the licensee shall cease operations and remove his/her temporary entertainment event from the site.
J. 
Compliance With The Law. Owners, operators, managers and employees of temporary entertainment event shall comply with the pertinent provisions of the City Building Code, zoning regulations and sign regulations. Every owner, operator, manager and employee of a temporary business stand shall comply with all applicable City, State and Federal laws.
K. 
Revocation Of License. Licenses issued under this Section may be revoked by the City Clerk for any of the following reasons:
1. 
Fraud, misrepresentation or false statement contained in the application for license.
2. 
Fraud, misrepresentation or false statement made in the course of carrying on the business.
3. 
Any violation of the City Code.
4. 
Conducting the temporary business in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the health, safety or general welfare of the public.
L. 
Appeals. Any person aggrieved by the action of the City Clerk in the denial of a license or of the revocation of a license may appeal the decision to the Board of Aldermen. The Board of Aldermen shall review the appeal as follows:
1. 
The Board of Aldermen shall set a date for hearing to consider the appeal.
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 the address shown on the applications for a temporary business license advising the licensee of the time, date and place of the hearing.
3. 
During the pendency of a hearing on revocation before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.
4. 
At the hearing the Board of Aldermen shall hear all relevant and material evidence.
5. 
The licensee may be present in person and/or by his/her attorney and may present evidence.
6. 
After hearing evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked or issued.
7. 
The affirmative vote of a majority of the Board members shall be necessary to revoke or issue any license.
[Ord. No. 489 §1, 8-5-2002]
A. 
License Required.
1. 
No promoter shall organize or promote a temporary special event without first obtaining a temporary special event business license. No activities or services, other than those outlined in the application for a temporary special event license, shall be conducted.
2. 
A "promoter" is any person who provides to any other person a sales or exhibit area at a temporary special event.
3. 
A "temporary special event" is any exhibition, display or show involving multiple individual exhibits or booths for the purpose of selling, trading, bartering or displaying goods or services to the public which is professionally promoted and which lasts for one (1) or more days. Temporary special events include, but are not limited to, trade shows, festivals, flea markets, farmers' markets, arts and crafts shows and all similar events.
4. 
Temporary special events are exempt from the license fee requirements but not the other requirements of this Section if:
a. 
The event is sponsored and organized by a non-profit service club, hobby club, sports club, charitable, religious, fraternal, civic, eleemosynary or educational institution;
b. 
The event is entirely organized, promoted and staffed by unpaid volunteer members of such organization;
c. 
The expenses of the temporary event are paid by the organization; and
d. 
All receipts go to the sponsoring organization and not to a paid or professional promoter or organizer.
5. 
An exempt temporary special event shall not continue for more than seven (7) consecutive days or be held more than two (2) times in a calendar year.
6. 
Organizations otherwise exempt under this Section shall not lose such exemption solely because they are sponsored, co-sponsored, programmed or assisted in any manner by the Parks and Recreation Department or conduct a special temporary event on City property.
7. 
If the temporary special event involves the sale or preparation of food, the licensee shall contact the St. Charles County Health Department and shall comply with their regulations regarding food service.
B. 
License Application.
1. 
Applicants for a license under this Section must file with the City Clerk an application on a form furnished by the City Clerk which shall require the following information:
a. 
Name, local address and telephone number of the applicant. (If a corporation, the State in which the business is incorporated.)
b. 
Permanent address of the applicant.
c. 
Name and address of the person for whom the business will be conducted.
d. 
Name and address of the person or persons having management or supervisory responsibilities of the firm represented by the applicant and any other information necessary to properly identify such persons.
e. 
The place or places in the City where applicant proposes to carry on business and the length of time during which the business will be conducted.
f. 
A statement of the nature and character of the business to be conducted under the license and any merchandise or service to be offered for sale by the applicant.
g. 
If the applicant has been convicted of a felony, a statement of the nature of each such offense and the City, County and State where each conviction occurred and the date of each offense.
h. 
A letter of approval or copy of lease from the owner or agent of the premises to be licensed.
i. 
A valid Missouri sales tax number.
j. 
Any other relevant information required by the City Clerk.
2. 
Duty of promoter.
a. 
At the time of applying for a license pursuant to this Section, the promoter shall submit to the City Clerk:
(1) 
A site plan for the location where the special event is to be held. At a minimum, the site plan shall identify the location of the special event, each booth or vendor space, parking, location of restroom facilities and street access.
(2) 
The total number of vendors or exhibitors participating at the special temporary event for which the license is sought.
(3) 
A general description of the goods and services to be offered.
b. 
The promoter shall be responsible for distributing the necessary sale tax reporting information and forms to any person with a booth or display participating in the special temporary event.
C. 
Conditional Use Permit. An applicant for a temporary special event license shall apply for and receive a conditional use permit from the City Planning and Zoning Commission prior to issuance of a temporary special event license by the City Clerk.
D. 
Applicant License Denial Or Issuance.
1. 
If the applicant has been convicted of a felony within the past ten (10) years, the Planning and Zoning Commission may deny the license after considering the nature of the crime committed in relation to the license sought and the conduct of the applicant since the violation.
2. 
Additional reasonable conditions may be imposed by the Planning and Zoning Commission prior to the issuance of a license. Permission to operate a temporary special event may be refused if the applicant is unable to comply with the requirements of this Section and all other applicable laws and regulations.
E. 
License.
1. 
The City Clerk shall issue to each licensee a license containing the words "temporary special event license", the period for which the license is issued, the number of the license and the place where the temporary special event may be conducted.
2. 
The license shall be posted conspicuously at the place of business.
3. 
The license is not transferable as to person or place of business.
F. 
License Limits. Each license issued under this Section shall be issued for up to seven (7) consecutive calendar days. The dates shall be listed in the application and shall be listed on the license as issued. Only two (2) temporary special event licenses shall be issued per person or organization in a calendar year.
G. 
Fees. The fees for a temporary special event license under this Section shall be five dollars ($5.00) a day for each vendor space provided on the site plan for the temporary special event, not to exceed a total of twenty-five dollars ($25.00) for each vendor space. Fees must be paid prior to issuance of a license by the City Clerk.
H. 
Licensee Additional Duties.
1. 
Licensee shall maintain the special event location in a clean and safe manner at all times. Licensee shall keep all trash, refuse, rubbish and other debris picked up daily or more often as needed and provide for proper disposal.
2. 
Immediately upon ending use of the temporary special event location, the licensee shall remove all trash, refuse, rubbish, signs and unsold merchandise from the event location and any tents, awnings, shelters, tables, fixtures and any other temporary structures.
I. 
Public Liability Insurance Requirements.
1. 
Before any license is issued under this Section for an event to be located on public streets or public property, the applicant must procure public liability insurance with the following coverage naming the City of Foristell as co-insured:
a. 
Bodily injury to or death of any one (1) person in an amount not less than five hundred thousand dollars ($500,000.00).
b. 
Any one (1) accident in an amount of not less than one million dollars ($1,000,000.00).
c. 
Damage to the property of another person in an amount not less than one hundred thousand dollars ($100,000.00) for any one (1) accident.
2. 
The applicant shall file with the City Clerk prior to the issuance of a license a certificate of insurance issued by the insurance carrier as evidence that the public liability insurance requirements have been met.
3. 
Every insurance policy required under this Section shall extend through any setup period, the period covered by the license and any break/down and cleanup period for the event. The cancellation or termination of such policy shall automatically terminate and revoke the license issued under this Section and the licensee shall cease operations and remove his/her temporary special event from the site.
J. 
Compliance Under The Law. Owners, operators, managers and employees of temporary special events shall comply with the pertinent provisions of the City Building Code, zoning regulations and sign regulations. Every owner, operator, manager and employee of a temporary special event shall comply with all applicable City, State and Federal laws.
K. 
Revocation Of License. Licenses issued under this Section may be revoked by the City Clerk for any of the following reasons:
1. 
Fraud, misrepresentation or false statement contained in the application for license.
2. 
Fraud, misrepresentation or false statement made in the course of carrying on the business.
3. 
Any violation of this Chapter.
4. 
Conducting the temporary special event in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the health, safety or general welfare of the public.
L. 
Appeals. Any person aggrieved by the action of the City Clerk in the denial of a license or of the revocation of a license may appeal the decision to the Board of Aldermen. The Board of Aldermen shall review the appeal as follows:
1. 
The Board of Aldermen shall set a date for hearing to consider the appeal.
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 the address shown on the applications for a temporary business license advising the licensee of the time, date and place of the hearing.
3. 
During the pendency of a hearing on revocation before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.
4. 
At the hearing the Board of Aldermen shall hear all relevant and material evidence.
5. 
The licensee may be present in person and/or by his/her attorney and may present evidence.
6. 
After hearing evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked or issued.
7. 
The affirmative vote of a majority of the Board members in attendance shall be necessary to revoke or issue any license.
[Ord. No. 489 §1, 8-5-2002]
Any person, firm or corporation or co-partnership who shall violate any provision of Sections 605.151 to 605.153 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 Sections 605.151 — 605.153 in the City of Foristell without first applying for, paying the fee for and obtaining a license therefore 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).
[Ord. No. 60 §7, 9-28-1987; Ord. No. 246, 4-21-1997]
A. 
No person or group shall be issued a sign permit for off-premise signs in accordance with Chapter 405, Article I, Section 405.010 et seq., without first having obtained an outdoor advertising signs and billboard business license for erecting any billboard or other outdoor advertising sign within the City of Foristell limits.
B. 
The business license fee for signs shall be as follows:
On-premise sign permit: $15.00.
Off-premise sign permit: $40.00.
[1]
Cross Reference — As to sign regulations, see article I of chapter 405.