Cross Reference — As to licenses and permits not available to delinquent taxpayers, §100.212.
[R.O. 2012 §605.010]
It shall be unlawful for any person, firm or corporation to engage in any business or occupation in the Village of Hanley Hills without having first applied for and obtained a license to conduct such business or occupation from the Village Clerk and without paying the license fee therefor, all as provided for in this Chapter.
All applications for the licenses required herein shall be made to the Village Clerk on appropriate forms provided for that purpose by the Village. All licenses issued by the Village Clerk shall be in such form as is provided by the Board of Trustees; provided however, that such license shall bear the signature of the Chairman of the Board of Trustees and the Village 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 Trustees.
Each applicant for a business license under this Chapter shall submit a statement from the Missouri Department of Revenue pursuant to Section 144.083.4, RSMo., stating no tax is due, which statement is a prerequisite to the issuance or renewal of a Village business license. The statement required by this Section shall be dated within ninety (90) days of submission of the business license application or renewal application.
[R.O. 2012 §605.021; Ord. No. 860 §1, 3-20-2003]
The Village Clerk shall issue a license to the applicant within five (5) business days of making application provided the applicant has satisfied all the eligibility qualifications set forth in Section 605.022. In the event that the applicant does not meet the eligibility qualifications set forth in Section 605.022, the Village Clerk shall deny the applicant a business license and within five (5) days of the application thereof shall give written notice of the denial to the applicant.
[R.O. 2012 §605.022; Ord. No. 860 §1, 3-20-2003]
In order to be qualified to receive a business license, the applicant must meet the following eligibility qualifications:
All provisions of this Chapter must be complied with;
If required by law to have Workers' Compensation insurance, the applicant must file with its application a copy of the certificate of Workers' Compensation insurance;
The applicant or its officers, members or partners must be over the age of eighteen (18) years, have no felony convictions, or have any felony charges pending within this or any other State;
The applicant must not, within the three (3) year period preceding the application, have violated any ordinance of the Village of Hanley Hills, Missouri, or any State law.
[R.O. 2012 §605.023; Ord. No. 860 §1, 3-20-2003]
Any person, firm or corporation who has been denied a business license under Section 605.021 may appeal the decision of the Village Clerk to the Board of Trustees. Notice of appeal must be filed with the Village Clerk, the Chairman of the Board and the Village Attorney within ten (10) days of receipt of the written denial as set forth in Section 605.021. Notice of appeal will be considered filed on the date that it is placed in the United States mail with proper postage thereon, provided the correct address is on the envelope containing the notice of appeal.
Upon receipt of the notice of appeal, after conferring with the Village Attorney, the Chairman of the Board shall set a date for the Board to convene to hear the appeal of the applicant. Notice of the date for the hearing will be mailed to the applicant at least ten (10) days prior to the date thereof and shall be sent to the applicant at the address indicated on the applicant's original application for business license.
At the hearing, applicant shall have the burden of proof to show that the applicant is qualified underneath this Chapter and that the Clerk's determination of ineligibility is incorrect. At the hearing the applicant shall have the right to counsel. The Chairman of the Board shall serve as the head of the hearing, shall convene the hearing, shall determine the order of the hearing, shall determine what evidence is admissible at the hearing and shall conclude the hearing. In order to conduct the hearing, a quorum of the members of the Board of Trustees must be in attendance. Upon the conclusion of the presentation of evidence at the hearing, both the applicant and the Village have the right to make closing statements. After closing statements, the members of the Board in attendance shall convene among themselves to discuss and decide the case. A majority of the members in attendance must agree on the final decision. The final decision shall be in writing and signed by all those who agree to it and shall include findings of fact and conclusions of law. The Board must reach a decision within thirty (30) days after the hearing and send a copy of its written decision to the applicant at the address of the applicant as indicated on its original application.
Any party aggrieved by the decision of the Board of Trustees may file an appeal with the Circuit Court of St. Louis County pursuant to Chapter 529, RSMo.
[R.O. 2012 §605.025; Ord. No. 868 §1, 5-15-2003; Ord. No. 961 Arts. I — II, 2-19-2009; Ord. No. 1000 Art. II, 11-18-2010]
No business license or renewal of license shall be issued until the applicant first receives a certificate of compliance with the Building Codes for the premises where the business is to be conducted. For the purpose of making inspections for such certificates, the Building Commissioner or agent is authorized to enter upon the premises to examine the structure and ground conditions.
A fee of one hundred dollars ($100.00) shall be paid for the original inspection. In the event a reinspection is necessary, an additional fee of fifty dollars ($50.00) shall be paid prior to the reinspection.
In addition, for any business selling food products, the applicant shall submit a copy of the County health inspection approval with the Village license application.
[R.O. 2012 §605.030; Ord. No. 873 Art. I, 7-17-2003; Ord. No. 1000 Arts. III — IV, 11-18-2010]
A license fee shall be due and payable on the first (1st) day of April of each year as assessed on the basis of a statement filed with the Village. Said fee will be computed as follows:
On each one thousand dollars ($1,000.00) of sales made, or fractional part thereof, two dollars ($2.00) on each thousand. In addition to this fee, there shall be levied an additional fee as follows:
Wholesale sales. On all excess over two hundred thousand dollars ($200,000.00) of gross wholesale sales, one dollar ($1.00) on each one thousand dollars ($1,000.00) or fractional part thereof.
Retail sales. On all excess over two hundred thousand dollars ($200,000.00) of gross retail sales, three dollars ($3.00) on each one thousand dollars ($1,000.00) or fractional part thereof.
No merchant's license shall be issued without payment of a minimum license fee of two hundred dollars ($200.00).
[R.O. 2012 §605.040]
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 Village, said licensee shall submit a statement of the fact of such change to the Village 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.
[R.O. 2012 §605.050]
The term of the licenses issued pursuant to the provisions of this Chapter shall be from July first (1st) of one (1) year to June thirtieth (30th) of the succeeding year.
[R.O. 2012 §605.060; Ord. No. 838 §1, 5-16-2002]
All applications for renewal of a license provided for herein shall be filed no later than May first (1st) of each year.
[R.O. 2012 §605.070]
Each license issued by the Village 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.
[R.O. 2012 §605.080]
The provisions of this Chapter shall under no circumstances be construed to require a license or a license fee for any business, occupation, pursuit or profession for which the Village may be prohibited by law from licensing or requiring a fee for said license.
[R.O. 2012 §605.090; Ord. No. 860 §2, 3-20-2003]
Any license issued by the Village pursuant to the provisions of this Chapter may be revoked by the Board of Trustees for any of the following reasons, as well as for any other reasons specified in this Chapter:
Any failure to comply with or any violation of any provision of the Code of Ordinances of the Village of Hanley Hills or the Statutes of the State of Missouri by any licensee.
Violation of the terms and conditions upon which the license was issued.
Failure of the licensee to pay any tax or obligation due to the Village.
Any misrepresentation or false statement in the application for a license required herein.
Failure to display the license required herein.
Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.
[R.O. 2012 §605.100]
In any case in which a complaint has been made to the Board of Trustees, or in which the Board of Trustees 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:
The Board of Trustees shall set a date for a hearing to consider the question of revocation.
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 Village Clerk advising the licensee of the time, date and place of hearing and of the reason for considering the revocation of his/her license.
During the pendency of this hearing before the Board of Trustees, the licensee shall be permitted to continue the operation of his/her business.
At the hearing set by the Board of Trustees, the Board of Trustees shall hear all relevant and material evidence justifying the retention of the license.
The licensee may be present in person and/or by his/her attorney and may present evidence.
After hearing the evidence presented, the Board of Trustees shall vote on the issue of whether the subject license shall be revoked.
The affirmative vote of a majority of the Board of Trustees shall be necessary to revoke any license.
All license fees not paid to the Village by the person required to remit the same on the date when the same becomes due and payable to the Director of Revenue shall bear interest at the rate determined by Section 32.065, RSMo., from and after such date until paid.
In case of failure to apply for any license fee required by this Chapter on or before the date prescribed therefor, determined with regard to any extension of time for making an application, unless it is shown that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the amount required to be shown as tax on such return five percent (5%) of the amount of such tax if the failure is not for more than one (1) month, with an additional five percent (5%) for each additional month or fraction thereof during which such failure continues, not exceeding twenty-five percent (25%) in the aggregate.
In case of failure to pay the full amount of any license fee due hereunder on or before the date prescribed therefor, determined with regard to any extension of time for payment, unless it is shown, by the applicant, that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the tax an amount equal to five percent (5%) of the deficiency. The Village shall, upon request by a taxpayer, apprise the taxpayer of the factual basis for the finding of negligence, or the specific rules or regulations disregarded if the Village assesses a penalty under this Subsection.
[R.O. 2012 §605.120; CC 1987 §54.150]
Ice Cream Vendors' Permit. The License Collector or the Chairman of the Board of Trustees for the Village of Hanley Hills are hereby authorized to issue a written permit to all persons or corporations who apply for permission to sell or dispense ice cream and its by-products within the limits of the Village, provided said applicants comply with the terms of this Chapter.
Permit Requirements. No person shall be granted a permit to sell or dispense ice cream or its by-products within the Village limits until:
The applicant presents a certification from the St. Louis City or County Health Department that the plant and equipment used in the manufacture as well as the dispensing of said ice cream or by-products has a "Grade A" rating;
A certification of either of said Health Departments or a duly licensed medical doctor that the person or employee dispensing said ice cream or its by-products within the Village limits is in good health and free from any contagious disease and in compliance with St. Louis County regulations concerning food service; and
Present a certification from an insurance company or a policy of insurance stating that the automobile or vehicle used in dispensing said products is covered by at least one hundred thousand dollars ($100,000.00) per person liability, three hundred thousand dollars ($300,000.00) per residence, and fifty thousand dollars ($50,000.00) property damage insurance.
Time Of Operation. Any person licensed under this Chapter shall operate within the Village limits only between the hours of 11:00 A.M. and 9:00 P.M.
Revocation. Any person or license granted under this Chapter may be revoked by the Board of Trustees at any time if its believes and finds that the licensee, its servants, employees or equipment is dangerous to the health, morals or welfare of the residents of Hanley Hills.
[R.O. 2012 §605.130; CC 1987 §§51.010 — 51.020]
Definitions. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this Section:
- BUSINESS PREMISES or PREMISES
- The area of a junk yard as described in a junk dealer's license or application for license, as provided for in this Section.
- ITINERANT JUNK DEALER
- An individual (natural person) who buys, sells, collects or delivers junk within the Village as a business or employment within the Village, but who is not an operator of a junk yard within the Village or an employee of such an operator.
- Any old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, rags, fibers or fabrics; old rubber; old bottles or other glass; bones; waste paper and other waste or discarded material which might be prepared to be used again in some form; and any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but "junk" shall not include materials or objects accumulated by a person as by-products, waste or scraps from the operation of his/her own business, or materials or objects held and used by a manufacturer as an integral part of his/her own manufacturing processes.
- JUNK DEALER
- A person who operates a junk yard, as defined below, within the Village.
- JUNK YARD
- A yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing junk as defined above, upon which occurs one (1) or more acts of buying, keeping, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity.
No Junk Yards. No junk yards shall be permitted within the Village of Hanley Hills.
[R.O. 2012 §605.140; CC 1987 §§59.010 — 59.080; Ord. No. 1019 Arts. I — II, 7-19-2012]
Definitions. For the purpose of this Section, the following terms, phrases, words and their normal derivations will have the meanings given herein:
- GARAGE SALE
- A sale of goods offered to the public conducted at a single-family, a dual-family or a multi-family residential dwelling place.
- Any goods, wares, merchandise, articles or other personal property capable of being the object of a sale regulated hereunder.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
Number Of Sales. It shall be unlawful to conduct more than two (2) garage sales at the same location within any calendar year.
Notification. Any person proposing to conduct a garage sale must notify, in writing, the Village Clerk of Hanley Hills, Missouri, of the place where such sale is to be conducted, the dates of such sale, and the names, addresses and telephone numbers of the persons responsible for conducting such sale.
Duration Of Sales. It shall be unlawful to conduct a garage sale lasting longer than three (3) days duration.
Advertising Signs Restricted. No person shall erect, place, post or mark any sign advertising a garage sale in more than two (2) places on any public property, including street signs and posts and traffic signs and posts or any other public utility pole. Any signs so erected, placed, posted or marked shall be located within one (1) mile from the place of the garage sale. Any sign erected, placed, posted or marked advertising such garage sale shall be placed no longer than two (2) days before the sale and shall be removed on or before the last day of such sale. An additional sign may be placed on the property at which the sale is to be conducted. The person responsible for such garage sale shall be responsible for removing any such sign.
No Consignment Of Goods. No personal property of any type belonging to anyone not living in the residence, or which the person living in such residence has not owned at least six (6) months, shall be brought upon the premises for the purpose of being sold in such garage sale, provided that the members of a neighborhood may jointly hold a garage sale at one (1) or more locations, provided each person is listed on the license therefor.
Penalty. Any person violating any of the provisions of this Section shall be deemed guilty of an ordinance violation and upon conviction thereof shall be fined a sum of not less than one dollar ($1.00) and a sum not to exceed one hundred dollars ($100.00). Each day during which any violation of this Section continues or exists shall be deemed to be a separate violation.
Goods Not To Be Displayed On Public Property. No goods offered for sale at a garage sale shall be displayed for sale on any public street or right-of-way, nor shall the same be displayed in front of the residence so as to be visible from any such public street.
The person responsible for conducting such garage sale shall apply for a permit with the Village. Said permit shall identify the person responsible for the garage sale, the length of the garage sale, and the location of any proposed signs to be placed advertising the garage sale. Further, the person making application must identify himself or herself with a State identification card and shall be required to sign the application. Payment of ten dollars ($10.00) shall accompany the application.
[R.O. 2012 §605.150; CC 1987 §§62.010 — 62.020]
Laundromats — Competent Person In Charge. At all times when any laundry or laundromat establishment as defined in Subsection (B) hereof is open for use by the public, there shall be a competent person upon the premises of such establishment and in charge of such premises who shall be over the age of twenty-one (21) years.
Laundromat Defined. A laundry, laundromat or dry-cleaning establishment as used in this Section shall mean any place, building or structure, room, establishment or portion thereof which is used for the purpose of washing clothing or cleaning clothing, materials or fabrics for profit or regard. Any such place wherein any self-serving machine is rented for compensation for the washing or dry-cleaning of clothing, materials or fabrics on a time or per-load basis shall be within the provisions of this Section.