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.
A.
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.
B.
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]
A.
In
order to be qualified to receive a business license, the applicant
must meet the following eligibility qualifications:
1.
All provisions of this Chapter must be complied with;
2.
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;
3.
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;
4.
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]
A.
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.
B.
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.
C.
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.
D.
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]
A.
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.
B.
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.
C.
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.
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:
1.
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:
a.
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.
b.
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.
B.
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]
A.
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:
1.
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.
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 Village.
4.
Any misrepresentation or false statement in the application for a
license required herein.
5.
Failure to display the license required herein.
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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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[R.O. 2012 §605.100]
A.
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:
1.
The Board of Trustees 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 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.
3.
During the pendency of this hearing before the Board of Trustees,
the licensee shall be permitted to continue the operation of his/her
business.
4.
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.
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 Trustees shall
vote on the issue of whether the subject license shall be revoked.
7.
The affirmative vote of a majority of the Board of Trustees shall
be necessary to revoke any license.
A.
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.
B.
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.
C.
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]
A.
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.
B.
Permit Requirements. No person shall be granted a permit
to sell or dispense ice cream or its by-products within the Village
limits until:
1.
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;
2.
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
3.
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.
C.
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.
D.
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]
A.
BUSINESS PREMISES or PREMISES
ITINERANT JUNK DEALER
JUNK
JUNK DEALER
JUNK YARD
Definitions. Except where otherwise indicated by the context,
the following definitions shall apply in the interpretation and enforcement
of this Section:
The area of a junk yard as described in a junk dealer's license
or application for license, as provided for in this Section.
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.
A person who operates a junk yard, as defined below, within
the Village.
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.
B.
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]
A.
GARAGE SALE
GOODS
PERSON
Definitions. For the purpose of this Section, the following
terms, phrases, words and their normal derivations will have the meanings
given herein:
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.
B.
Number Of Sales. It shall be unlawful to conduct more than
two (2) garage sales at the same location within any calendar year.
C.
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.
D.
Duration Of Sales. It shall be unlawful to conduct a garage
sale lasting longer than three (3) days duration.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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]
A.
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.
B.
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.
