[R.O. 2013 §14-11; Ord. No. 5.25 (Bill No. 1178) §2, 4-5-1990]
As used in this Article, the following words and terms shall
have the meaning ascribed thereto:
Revenue during the calendar year preceding each license year.
[Ord. No. 4.484 (Bill No. 2717), 11-19-2018]
The main floor of each structure the business occupies. For home occupations as defined in Chapter 405 of this Code it is the area of the home used for the business.
[Ord. No. 4.484 (Bill No. 2717), 11-19-2018]
Any calling, service, occupation, pursuit, profession, trade,
avocation, dealer, or the keeping of, maintaining of any institution,
establishment, article, utility or commodity within the City to the
broadest and furthest extent.
Any individual who performs services for the business, whether
on a full-time, part-time or seasonal basis. The individual is an
employee if the business controls the methods and the results of services
performed by such individual. The term "employee", for purposes of this Article, shall include individuals which are
regularly associated with the business in the relationship of agent
or salesperson.
Unless otherwise provided, the year beginning September first
(1st), or, in the case of businesses newly established, at the beginning
of doing business and ending on the following August thirty-first
(31st).
Any business wherein less than fifty percent (50%) of its
annual revenue is subject to a sales tax as defined by the Missouri
Revised Statutes.
[Ord. No. 4.484 (Bill No. 2717), 11-19-2018]
Every form of business entity. It includes, among others,
individual proprietorships, partnerships, joint ventures, corporations,
associations, cooperatives and business trusts.
Any business wherein fifty percent (50%) or more of its annual
revenue is subject to a sales tax as defined by the Missouri Revised
Statutes.
[Ord. No. 4.484 (Bill No. 2717), 11-19-2018]
The amount of money brought into a business by its business
activities. It, includes, but is not limited to, the aggregate amount
of all sales, transactions, fees, commissions, rental and leasing
fees, the receipt of cash, credits and property of any kind or nature
without any deductions there from on account of the cost of any items
sold, the cost of any materials used or of any labor, service costs,
interest paid or payable or any losses or any other expenses whatsoever.
[Ord. No. 4.484 (Bill No. 2717), 11-19-2018]
The total price of merchandise sold whether retail or wholesale,
or the combination of the two (2).
[Ord. No. 4.484 (Bill No. 2717), 11-19-2018]
[R.O. 2013 §14-12; Ord. No. 5.25 (Bill No. 1178) §3, 4-5-1990]
No person shall engage in any of the businesses defined in this
Article, within the City without first having obtained a license therefor
from the City Clerk and paying the designated fee or tax. The license
shall be for the annual license year.
[R.O. 2013 §14-13; Ord. No. 5.25 (Bill No. 1178) §4, 4-5-1990; Ord. No. 4.484 (Bill No. 2717), 11-19-2018]
A.
The
following fee schedule shall apply to all businesses, as applicable:
1.
A retail business shall pay an annual license fee of one dollar
($1.00) per one thousand dollars ($1,000.00) of revenue.
2.
A non-retail business shall pay an annual license fee of six
cents ($0.06) per square foot of building space.
3.
The minimum annual license fee shall be one hundred dollars ($100.00).
4.
The maximum annual license fee shall be fifty thousand dollars ($50,000.00).
B.
Any
business which begins operation on or after March 15 shall be charged
a pro-rated fee of fifty percent (50%) of the annual license fee.
C.
The
City will initially establish and identify each business as retail
or non-retail and establish the square footage. Any business which
objects to the category in which it is originally placed or the square
footage determination, shall have the opportunity to file a written
appeal to the City Administrator for designation to a category other
than the category to which it was originally assigned or to challenge
the square footage. Said appeal must be filed with the City Administrator
within thirty (30) days after the business is assigned its original
category or after the square footage determination is made, for an
appeal to be taken.
[R.O. 2013 §14-14; Ord. No. 5.25 (Bill No. 1178) §5, 4-5-1990; Ord. No. 4.484 (Bill No. 2717), 11-19-2018[1]]
A.
Prior
to the issuance of any license required under this Chapter, each retail
business obligated by this Chapter to have a license shall furnish
to the City Clerk, prior to September 1st of each year, a correct
statement, in writing, of the amount of its annual revenue. Such statement
shall not be made public nor used by the City except for: (1) the
purpose of establishing a correct basis for fixing and collecting
the amount of the license fee provided in this Chapter or, for (2)
the purpose of prosecuting violations of this Chapter.
B.
Prior
to the issuance of any license required under this Chapter, each non-retail
business obligated by this Chapter to have a license shall furnish
to the City Clerk, prior to September 1st of each year, a correct
statement, in writing, of the building space occupied by the business.
Such statement shall not be made public nor used by the City except
for: (1) the purpose of establishing a correct basis for fixing and
collecting the amount of the license fee provided in this Chapter
or, for (2) the purpose of prosecuting violations of this Chapter.
C.
The
City Clerk shall determine the form and format that such statements
shall take.
[1]
Editor's Note: Ord. No. 4.484 also changed the title of this
Section from "Statement of Employees" to "Statement Of Revenue Or
Building Space."
[R.O. 2013 §14-15; Ord. No. 5.25 (Bill No. 1178) §6, 4-5-1990]
No license issued under this Article shall be assignable or
transferable.
[R.O. 2013 §14-16; Ord. No. 5.25 (Bill No. 1178) §7, 4-5-1990]
A separate license shall be obtained for each stand, store or
place of business conducted, operated or maintained by every business
for which a license is required, and the City Clerk shall be notified
of any change of address within seven (7) days after such change.
[R.O. 2013 §14-17; Ord. No. 5.25 (Bill No. 1178) §8, 4-5-1990; Ord. No. 4.484 (Bill No. 2717), 11-19-2018]
Whenever any applicant for a license is engaged in more than
one (1) business at the same address, such applicant may at his/her
option, in lieu of making application and paying for a separate license
for each such business, make application and pay for the business
license for only the major or principal business of the applicant
at such address, but shall include revenue or square footage, as applicable,
from each business located at the address.
[R.O. 2013 §14-18; Ord. No. 5.25 (Bill No. 1178) §9, 4-5-1990]
Any business person associated with the renter's or lessee's
business which sells, rents or leases any portion of its stand, store,
place of business or premises to another, whose persons associated
with the business will not be included in the license application
of the lessor shall report the fact of such sale, renting or leasing
together with the name and address of the purchaser, renter or lessee,
in writing, to the City Clerk. Such report shall be made within seven
(7) days after such purchaser, renter or lessee has taken possession
and shall include a general description of all goods, commodities
or ware-dispensing devices installed in the premises by such purchaser,
renter or lessee.
[R.O. 2013 §14-19; Ord. No. 5.25 (Bill No. 1178) §10, 4-5-1990; Ord. No. 4.484 (Bill No. 2717), 11-19-2018]
All books, accounts, records and/or documents of any kind showing
the annual revenue of a business or its building space, as appropriate,
shall be open to the inspection of the City officials, or designee
of same, charged with the duty of issuing the license or collecting
fees as provided in this Chapter.
[R.O. 2013 §14-20; Ord. No. 5.25 (Bill No. 1178) §11, 4-5-1990]
The City Clerk shall prescribe the form of all licenses and
application therefor and shall receive said applications and issue
said license; however, except as otherwise provided by ordinance,
no license shall be valid for any purpose unless signed by the City
Clerk.
[R.O. 2013 §14-21; Ord. No. 4.10 (Bill No. 2368) §1, 2-4-2010]
A.
Delay In Payment. All license fees provided for
in this Article shall be deemed delinquent if not paid by September
fifteenth (15th) of the license year, and any person so delinquent
shall pay to the City Clerk an additional five percent (5%) of the
amount due for the first (1st) month of such delinquency and five
percent (5%) interest per month or fraction thereof on such additional
amount from the date originally due, in addition to any other penalties
prescribed in the Article.
B.
False Statements Causing Reduction In Payment. No
person shall make a false statement which causes a reduction in any
license fee.
C.
Non-Compliance Or Violation. Any person who fails to comply with or violates any provision of this Article shall be guilty, upon conviction thereof, of an ordinance violation, and shall be punishable as provided in Section 100.140 of this Code. Each day such failure to comply or such violation continues shall be deemed a separate offense. Any fine assessed for such an offense shall be in addition to any other penalties assessed for delinquency or false statements causing a reduction in payment.
D.
Public Health And Safety. Any person in the conduct
of the business which causes or maintains or assists in the cause
or maintenance of a nuisance, whether public or private, and any person
who violates any ordinance of the City or laws of the State of Missouri
or any activity which is determined to be detrimental to the community
which jeopardizes the public health and safety of residents shall
constitute a violation of this Chapter and shall be deemed as grounds
for revocation.
E.
Revocation. Except where State Statutes require
immediate revocation, failure to comply with or any violation of any
provision of this Article by any licensee under this Article the City
Administrator may suspend, for a period not to exceed thirty (30)
days, without prior warning, notice or hearing, any license issued
under this Chapter during the term of such license, for the failure
of any licensee to comply with any provision of this Chapter. A licensee
may appeal the suspension to the City Council and the licensee shall
have the right to a full and adequate hearing before the City Council
upon the matter, giving the affected party at least fifteen (15) days'
written notice of the hearing. Any party may be represented by counsel,
and all parties shall have the opportunity to be heard. After the
hearing, if the evidence supports a finding that the licensee has
failed to comply with or violated any provisions of this Article,
the City Council shall issue an order to revoke or suspend said license.
If the evidence does not support a finding that non-compliance or
violations have occurred, no order shall be issued. Such revocation
or suspension shall be in addition to any other penalties prescribed
in this Article. Any party aggrieved by an order of the City Council
hereunder may appeal said order to the Circuit Court as provided under
Chapter 536, RSMo.
F.
Locking Of Doors. Except where State Statutes require
immediate revocation, revocation by the City or failure to comply
with the provisions of this Article within thirty (30) days of being
found guilty of non-compliance with or violations of the provisions
of this Article shall be cause for the doors of said business to be
locked. Upon notice from the City Clerk of license revocation, suspension
notice by the City Administrator or failure to comply with the provisions
of this Article within thirty (30) days of being found guilty of non-compliance
with or violations of the provisions of this Article, the Chief of
Police shall lock or chain the doors of said business so as to prevent
or bar the continuance of business activity.
[R.O. 2013 §14-22; Ord. No. 5.25 (Bill No. 1178) §13, 4-5-1990]
The City Clerk shall keep a complete record of all licenses
issued, showing the nature of the license, its date of issuance and
to whom issued and address for which issued.
[R.O. 2013 §14-23; Ord. No. 5.25 (Bill No. 1178) §14, 4-5-1990]
All licenses granted by the City shall be openly displayed at
the address for which issued.
[R.O. 2013 §14-24; Ord. No. 5.25 (Bill No. 1178) §15, 4-5-1990]
No license or permit shall be issued to any business so long
as said business shall have failed to pay any other obligation due
and owing to the City.
[R.O. 2013 §14-25; Ord. No. 5.25 (Bill No. 1178) §16, 4-5-1990]
The provisions of this Article shall not be applicable to any
non-profit organization, association or establishment nor to any business,
pursuit, profession or trade which the City may be prohibited by law
from licensing or regulating (reference Sections 71.620 to 71.630,
RSMo.).
[R.O. 2013 §14-26; Ord. No. 5.25 (Bill No. 1178) §17, 4-5-1990]
The license required of businesses shall be conditioned on the
licensee at all times maintaining his/her establishment in conformance
to all laws, ordinances and regulations of the City, the State, the
Federal Government, and all political subdivisions having supervisory
or regulatory jurisdiction over said establishment.
[R.O. 2013 §14-27; Ord. No. 5.25 (Bill No. 1178) §18, 4-5-1990]
The license required of businesses shall be conditioned on the
licensee undergoing all required inspections and obtaining all required
permits to ensure that such location is in compliance with local building
regulations and that such location satisfactorily meets the local
health standards applicable for such a business establishment.
[R.O. 2013 §14-28; Ord. No. 5.25 (Bill No. 1178) §19, 4-5-1990]
A.
No person shall pursue or practice (whether for a fee or not, and
whether requested or not) the avocation, profession or art of fortuneteller,
clairvoyant, spirit medium, necromancer, seer, palmist, prophet or
other like craft or occult art, or art of divination, or pretended
art of telling past events of another's life or affairs, or foretelling
knowledge of future events of another's life or affairs, or in any
way revealing things of the past, the future or of a secret or hidden
nature by means of such art.
B.
The use of fluoroscopic views within the City is prohibited.
C.
No person shall advertise in any way whatsoever that he/she is available
to engage in the practices prohibited above.
[R.O. 2013 §14-29; Ord. No. 5.25 (Bill No. 1391) §1, 9-2-1993; Ord. No. 5.25 (Bill No. 1685) §1, 7-16-1998]
No license required under the provisions of this Chapter for
a contractor in the construction industry shall be issued to any person
until such person produces a copy of a certificate of insurance for
Workers' Compensation coverage or an affidavit, the form of which
shall have been developed by the Missouri Department of Revenue, signed
by the applicant attesting that the contractor is exempt. The provisions
of this Section shall apply to any construction industry employer
who erects, demolishes, alters or repairs improvements if such employer
has one (1) or more employees. It is further made a violation of this
Section to provide fraudulent information. It shall not be the duty
of the City Clerk to investigate any certificate of insurance or affidavit
filed pursuant to this Section.
[R.O. 2013 §14-38; Ord. No. 4.15 (Bill No. 267) §34, 1-27-1977; Ord. No. 5.25 (Bill No. 1178) §20, 4-5-1990]
A.
Investigation Of Character. Before an applicant
for a license for an auction store or temporary auction shall receive
a license for such business or activity, the City Collector shall
cause a due and proper inquiry to be made to determine if the applicant
is of good moral character and business responsibility.
B.
Tax. No auction store, auction house or temporary
auction shall be operated or begin operations without first procuring
a license from the City Clerk.
C.
Bond. Before a license required herein shall be
issued, the licensee shall deposit with the City Collector a bond
in the amount of two thousand five hundred dollars ($2,500.00). Such
bond shall be conditioned upon the licensee complying with local and
State laws concerning auctions, that he/she will render true and strict
accounts of all his/her sales to any person or persons employing him/her
to make the same, that he/she will not practice any fraud or deceit
upon bidders or purchasers of property from him/her at any auction
sale or suffer or permit any person in his/her employ to practice
any such fraud or deceit.
D.
Only Licensed Auctioneers To Conduct Sales. The licensee shall not permit auction sales to be conducted by any person who is not a licensed auctioneer on or in his/her business premises. Persons who shall be deemed licensed auctioneers shall hold a license as prescribed in this Section or hold a license provided for in Section 605.170 of this Article.
E.
False Statements. No person acting for a licensee
shall make any statements which are false in any particular, or which
may have a tendency to mislead any person present, nor shall be made
any misrepresentation as to the quality, quantity, character, present
condition, value, cost, general selling price, or as to whether new
or secondhand, of any property offered for disposal by auction sale;
further, no person acting for a licensee shall sell or offer for sale
any "fill-in" article without first stating such facts in a clear
audible tone of voice to all persons present at the auction.
F.
Cappers And Boosters Prohibited. No person shall
act as, nor shall an auction store, auction house or temporary auction
employ a by-bidder or what is commonly known as a "capper" or "booster"
at any public auction or place where such auction takes place. No
person shall offer to make any false bid to buy or pretend to buy
any such articles sold or offered for sale at any such auction.
G.
Sale Of "Fill-In" Articles. "Fill-in" stock is
merchandise which is added to the stock on hand with the intention
of selling it at public auction. No licensee, his/her agents or servants
shall sell or offer for sale any "fill-in" articles unless in every
advertisement of the auction there is contained a clear and unequivocal
statement of the fact that the "fill-in" goods and merchandise have
been added to the "stock on hand". Such statement shall be in type
or writing with equal prominence with each and every other statement
of the advertisement.
H.
Temporary Auction By Owner At Residence. The provisions
of this Section of the ordinance shall not apply to persons conducting
a one (1) day temporary auction on his/her own premises which are
his/her residence, provided that person be the owner of the goods
auctioned.
[R.O. 2013 §14-41; Ord. No. 4.15 (Bill No. 267) §37, 1-27-1977]
A.
Defined. For purposes of this Section a "junk dealer" shall be a person who maintains and operates
a junkyard. An "auto yard" shall be known as a place
where secondhand motor vehicles, including trucks, trailers and motorcycles,
engines, boilers, tanks or any other machinery, whether engines, boilers
or tanks are disassembled, taken apart, or parts therefor collected,
whether for storage, resale as collected or for the resale of parts
thereof, or whether for use, and where cans, bottles, jugs or other
containers, scrap iron, sheet metal or other metallic materials, whether
scrap iron or sheet metal, are collected, either for storage, use,
sale or resale, and such motor vehicles, unless on wheels equipped
with pneumatic tires and capable of operation as a motor vehicle,
shall be construed to be junk. The term "junkyard" shall also include the terms "auto graveyards" and "auto wrecking shops".
B.
Character Of Applicant — Inspection Of Premises. The applicant for a license to be a junk dealer, auto yard or auto
wrecking shop shall be a person of good moral character. Upon receiving
an application for such a license, the City Collector shall cause
a due and proper inquiry to be made as to the character of such an
applicant. It shall be the duty of the Building Commissioner to conduct
an inspection of the premises for which a license is sought to determine
if the location meets the requirements of this Article and other State
regulations contained in Section 226.650, et. seq. RSMo. No license
shall be issued to any junk dealer to maintain a junkyard until the
dealer has complied with the requirements to this Article.
C.
Construction Of Junkyards And Auto Yards. Any person
desiring to engage in the business of junk dealer or auto yards requiring
the establishment of junkyards or auto yards for the storing of junk
or wrecked autos shall first erect a tight fence of suitable material,
constructed in a good and workmanlike manner, not less than eight
(8) feet and uniform in height, completely enclosing the premises
or yards. The fence required shall be kept painted green, blue or
gray on the outside and not used for billboards for advertising purposes.
D.
Storage Of Junk And Wrecked Autos. Junk and wrecked
autos of all kinds shall be kept by the dealer inside of the fence
prescribed above, so that the appearance of the yard from the outside
shall be clean and attractive. Walkways of at least five (5) feet
in width shall be maintained within the storage areas of the junkyard
or auto yard at intervals that will enable a complete and visible
view of all junk and wrecked autos stored therein. Walkways shall
be kept clear of junk and wrecked autos and other debris.
E.
Additional Regulations. In addition, the licensee
or operator of a junkyard or auto yard shall:
1.
Before a license required herein shall be issued, the said
licensee engaging in the operation of a junkyard or auto yard shall
deposit with the City Collector a bond in the amount of ten thousand
dollars ($10,000.00). Said bond shall be conditioned upon the licensee
complying with the local State laws concerning junkyards or auto yards,
and the provisions of this Article.
2.
Keep adequate records of purchases to include the name and
address of the seller and a description of the goods purchased.
3.
Furnish such records to the Police upon request.
4.
Not make any purchases or be open between the hours of 8:00
P.M. and 7:00 A.M.
5.
Make no purchases from minors or intoxicated persons.
[R.O. 2013 §14-45; Ord. No. 4.50 (Bill No. 1713) §1, 10-1-1998]
No person shall be issued a license to do business in the City
of Arnold, Missouri as a massage therapist until such person has provided
proof of a current, valid license issued by the State of Missouri
and proof of appropriate insurance coverage.
[R.O. 2013 §14-46; Ord. No. 4.15 (Bill No. 267) §42, 1-27-1977; Ord. No. 5.25 (Bill No. 1178) §22, 4-5-1990; Ord. No. 4.15
(Bill No. 1405) §1, 1-20-1994]
A.
Defined. For purposes of this Section, a "taxicab" is any motor vehicle engaged in the business of
carrying persons for hire on the streets of the City, whether the
same is operated from a street stand or from a garage, where no regular
or specific route is traveled, but passengers are taken to and from
such places as they may designate, and the charge therefor is made
on the basis of distance traveled as indicated by a taximeter, which
is an instrument or device attached to a taxicab which measures mechanically
the distance driven and the waiting time upon which the fare is based,
or as indicated by a schedule of fares for zones or distances traveled.
B.
Insurance. Before a license shall be issued to
an applicant for a license of this classification, such applicant
shall obtain liability insurance which policy shall indemnify the
applicant in the sum of twenty-five thousand dollars ($25,000.00)
on account of injuries to, or death of, any one (1) person in any
one (1) accident, and in the sum of at least fifty thousand dollars
($50,000.00) on account of injuries to, or death of, more than one
(1) person in any one (1) accident, and in the sum of ten thousand
dollars ($10,000.00) on account of damage to property in any one (1)
accident. Such policy shall be carried in a firm or corporation which
has been duly licensed to do business in the State, and shall be kept
and maintained in continuous force and effect. A verified copy shall
be filed with the City Collector, with the certificate of the insurer
that the policy is in full force and effect. Such policy shall contain
a clause obligating the insurance company to give twenty (20) days'
notice to the City Collector before cancellation of the policy. In
case of notice of cancellation by the insurance company, the licensee
shall furnish another policy to the City Collector or suffer his/her
license to expire.
C.
Tax. No taxicab or taxicab company shall be operated
or begin operations without first procuring a license from the City
Clerk and paying the required fee.
D.
Taximeter And Signs Required.
1.
Every taxicab licensed hereunder or authorized to do business
within the City shall be equipped with a fare register showing fares
for zones or distances traveled, or taximeter which shall indicate
the distance traveled and the fare charged therefor, either in a manner
which may be visible to the passenger or be a printed receipt containing
such information.
2.
Every taxicab shall have printed on the outside of one (1)
door on each side of the taxicab the rates of fare, and it shall be
unlawful to charge a rate of fare in excess of those listed.
3.
Rates of fare shall also be conspicuously displayed within
the taxicab.
E.
Drivers. The driver of every taxicab shall be a
duly licensed chauffeur as required by the laws of the State, and
shall, regardless of arrangements between him/her and the licensee
under this Article, be deemed the employee, agent and servant of the
licensee.
F.
Display Of License. The license of each taxicab
shall be posted therein.
G.
Vehicle Inspection. Before a license is issued
to operate taxicabs, the applicant shall present proof of the vehicle
having passed a current State vehicle inspection.
H.
Testing Of Meters. The taximeters of any taxicab
licensed hereunder may be subject to tests and inspections at any
time by the City.
[R.O. 2013 §14-47; Ord. No. 4.15 (Bill No. 267) §43, 1-27-1977]
A.
No boxing exhibition shall be held without a license, and no license
for a boxing exhibition shall be issued by the City until the applicant
has presented proof that the proposed exhibition has been licensed
by the State agency responsible as such.
B.
The license tax required of an applicant herein shall be twenty
dollars ($20.00) per exhibition.
[R.O. 2013 §14-48; Ord. No. 4.15 (Bill No. 267) §44, 1-27-1977]
A.
No person shall conduct a street exhibition without a permit. A
free permit shall be issued to applicants for a street exhibition
by the City Collector which permit shall be conditioned upon a faithful
observance of all City ordinances, provided such exhibition will be
a not-for-profit charitable, community or educational purpose.
B.
The applicant shall provide the City with the date, time and proposed
route of the exhibition before the permit shall be issued.
[R.O. 2013 §14-49; Ord. No. 4.15 (Bill No. 267) §45, 1-27-1977]
Before a license shall be issued to an applicant for a circus
or a carnival, the licensee shall file with the Collector an insurance
policy providing insurance coverage for each and every carnival or
circus owned, operated or leased by the applicant for injury to or
death of persons regardless of whether the carnival or circus was
being operated by the owner, his/her agent or lessee and against damage
to the property of another, including personal property, in sums of
not less than one hundred thousand dollars ($100,000.00) for any one
(1) person, three hundred thousand dollars ($300,000.00) for any one
(1) accident and fifty thousand dollars ($50,000.00) for property
damage in any one (1) accident.
[Ord. No. 2.51 (Bill No. 2677) §1, 9-21-2017]
A.
Prepayment
Required.
1.
All business establishments with retail, self-service, fuel pumps
located thereon must require full payment in advance for any quantity
of fuel sold at anytime.
2.
Payment includes purchase by any legal means: cash, credit card,
debit card, check, established charge accounts or otherwise.
3.
Payment may be made at the cashier or at the pump if an automated
payment system is available.
C.
Violations
— Penalty.
1.
Any business organization violating any provisions of this Section, and/or any employee, assistant, agent or any other person taking part in, joining or aiding in a violation of any provision of this Section may be prosecuted as provided by law for the violation of ordinances of the City and upon conviction shall be punished as provided in Section 100.140 of this Code; and
2.
Failure or refusal to comply with this Section shall be the basis
for revocation or non-renewal of a City business license.
[Ord. No. 4.488 (2738), 5-2-2019]
A.
This Section specifically applies to the business license and taxes
for lodging establishments ("lodging establishment license"). The
provisions of this Section are in addition to, not in lieu of, other
provisions of this Chapter or the Code of Ordinances. In the case
of an inconsistency in this Chapter or Code of Ordinances, the specific
shall control.
B.
No person shall operate a lodging establishment who does not possess
a lodging establishment license from the City to operate such lodging
establishment. Only a person who complies with the provisions of this
Section shall be entitled to receive and retain such a lodging establishment
license. The Collector shall approve a lodging establishment license
application if:
1.
The applicant is not delinquent in payment of business license
fees for the prior year at the time of application;
2.
The applicant is not delinquent in payment of lodging establishment
transient guest taxes at the time of application;
3.
The applicant has no other outstanding fines, fees, taxes, or
money due the City at the time of application;
4.
The applicant demonstrates that it has a valid license required
by the State of Missouri pursuant to Sections 315.005 to 315.065,
RSMo.; and
5.
No other grounds to deny such lodging establishment license
exist under the law.
C.
The application for a lodging establishment license shall be made
by the owner of the business seeking to operate a lodging establishment
and shall state the identity of the owner and the location of its
business and shall include such other information as is required by
the Collector, including evidence that the owner has the right to
occupy the premises where the proposed lodging establishment is to
be located.
D.
A lodging establishment license shall be issued for one (1) year
and shall be effective from September first (1st), or such later date
that it may be issued during the year, until August thirty-first (31st)
of such year, subject to revocation as provided herein.
E.
Every licensee shall, by the fifteenth (15th) day of the month following
the conclusion of each calendar month, file with the Collector a completed
transient guest tax return in such form as may be prescribed by the
Collector. The completed return shall state the sum of all fees and
charges for sleeping rooms during the period covered by the return,
and the licensee shall in the license return calculate the amount
of transient guest tax due for the prior month plus any delinquent
penalties and interest. The return shall be signed by the licensee
or a duly authorized officer or agent of the licensee and by any person
who shall prepare such return.
F.
The lodging establishment transient guest tax due for each calendar month shall be paid by the fifteenth (15th) day of the month following the end of each such calendar month based upon the calculation set forth in Subsection (E) above.
G.
Any lodging establishment transient guest tax due pursuant to the
provisions of this Section shall be delinquent if not paid by the
date such payment is due, and shall be subject to the provisions of
this Chapter relating to delinquent taxes.
H.
CALLS FOR (POLICE) SERVICE
1.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
2.
a.
b.
c.
d.
COLLECTOR
EXTENDED STAY LODGING ESTABLISHMENT
GUEST ROOM
LODGING ESTABLISHMENT
LONGER-TERM GUEST
OPERATOR
OWNER
PERSON
POLICE
RENT OR SUBRENT
Definitions. As used
in this Section, the following terms shall have these prescribed meanings:
All calls for law enforcement service related to criminal
activity and civil disputes, as listed below, or violations of local,
State or Federal laws which result in City personnel being dispatched
or directed to the lodging establishment. "Calls for service" include
any self-initiated investigation based on the observation(s) of law
enforcement when it is determined, based on the greater weight of
evidence, that a violation of law has occurred. Law enforcement calls
for service shall be measured by one (1) event or occurrence at a
lodging establishment. Multiple calls for one (1) event shall count
as one (1) call for service. Calls for service at a particular lodging
establishment are cumulative regardless of ownership. This foregoing
shall include any calls for service within the surrounding neighborhood
that, through information or investigation, can be traced to the lodging
establishment staff, and/or registered guest(s) and/or visitor(s).
[Ord. No. 4.506 (Bill
No. 2856), 6-1-2023]
Law enforcement call types that represent a call for service,
include, but are not limited to:
Arson.
Assault.
Burglary.
Endanger welfare of child.
Civil matter.
Domestic disturbance.
Death investigation.
Disturbance.
Drug.
Forgery/counterfeiting.
Harassment.
Kidnapping.
State law violation.
Minor in possession of intoxicants.
Noise complaint.
Ordinance violation.
Property damage.
Robbery.
Stealing.
Sexual offenses.
Terrorist threat.
Arrest warrant/search warrant.
Calls for service do not include:
Calls originating from the lodging establishment premises but
relating to off-premises disturbances observed by a lodging establishment
operator or occupant if the activity is not attributable to the lodging
establishment.
Medical calls unrelated to criminal activity.
Calls related to traffic citations in which the lodging establishment
property address is used as the location of the violation unless such
violation occurred on the premises thereof.
Calls that, in the sole discretion of the Chief of Police, are
determined not to warrant being classified as calls for service under
this Section.
The City Clerk of the City of Arnold, Missouri.
A lodging establishment where any of the guest rooms are
rented to longer-term guests as defined herein.
Any room or unit in a lodging establishment where sleeping
accommodations are regularly furnished to the public.
Any building, group of buildings, structure, facility, place,
or places of business where five (5) or more guest rooms are provided,
which is owned, maintained, or operated by any person and which is
kept, used, maintained, advertised or held out to the public for hire
and which can be construed to be a hotel, motel, motor hotel, inn,
apartment hotel, tourist court, resort, tourist home, bunkhouse, dormitory,
or other similar place by whatever name called, and includes all such
accommodations operated for hire as lodging establishments.
In addition to the foregoing, any building, group of buildings,
structure, facility, place, or places of business where guests can
rent a bed in a single room, where multiple beds are available in
that same room for separate customer rental, shall, for the purposes
of this Section, be deemed a lodging establishment.
[Ord. No. 4.506 (Bill
No. 2856), 6-1-2023]
Any person occupying a guest room or combination of guest
rooms in a lodging establishment under any concession, permit, right
of access, license, rental or other agreement for living and sleeping
purposes for a period: (a) in excess of: (i) twenty-eight (28) consecutive
days; or (ii) twenty-eight (28) nonconsecutive days within any ninety-day
period; and (b) not exceeding one hundred eighty-three (183) days
or six (6) months, whichever is less. For the purposes of this definition,
if there are multiple individuals in a party occupying a guest room
in a lodging establishment for the periods stated above, each member
of the party shall be considered a longer-term guest regardless of
which member or members of the party are registered as renting the
guest room(s).
Any person on the premises of a lodging establishment who
is authorized to exercise operational control of the business, or
who causes to function or who puts or keeps in operations the business.
A person may be found to be operating or causing to be operated a
lodging establishment regardless of whether the person is an owner,
part owner, or licensee of the business.
The person who owns the business operating a lodging establishment
and who is responsible for obtaining a lodging establishment license
and a lodging establishment license endorsement from the City for
operating the lodging establishment and for paying all lodging establishment
license taxes.
Any individual, partnership, corporation, association, organization,
firm, or Federal, State, County, City, Village, or municipal association
or corporation.
Any authorized agent of the Arnold Police Department or other
law enforcement agency having jurisdiction.
The act of permitting a guest room to be occupied for any
form of consideration.
I.
General Operation.
1.
Lodging establishments must have a representative available
on the premises at all times.
2.
Lodging establishments must comply with Sections 315.005 to
315.065, RSMo.
3.
Lodging establishments shall be kept in a clean and sanitary
condition, in good repair, and shall be maintained and operated with
strict regard to health and safety of the guest.
4.
Except for extended stay lodging establishments which are properly zoned as extended stay lodging establishments under Chapter 405, lodging establishments are prohibited from renting any guest rooms to longer-term guests.
5.
No guest room in any extended stay lodging establishment shall
be rented to any longer-term guest unless such guest room is equipped
with a functioning, permanently installed private bathroom (including
a bath or shower) and a permanently installed kitchen (including a
sink, refrigerator and cooktop).
6.
Occupancy limits for each room within a lodging establishment
shall be determined by the Fire Marshall and shall be displayed in
each room. Occupancy shall not exceed that fixed by the Fire Marshall
at any time.
7.
No lodging establishment shall rent a guest room or combination
of guest rooms in such lodging establishment for more than twenty-eight
(28) consecutive days or twenty-eight (28) non-consecutive days in
any three-month period to any person. No extended stay lodging establishment
shall rent a guest room or combination of guest rooms in such extended
stay lodging establishment for more than six (6) consecutive months
or one hundred eighty-three (183) non-consecutive days in any nine-month
period to any person. It is the intent of this Section that if a guest
room is occupied by a party or group of individuals for either of
the maximum time periods allowed by this Section, no guest room in
that lodging establishment or extended stay lodging establishment
may again be rented to the same party or to any individual or person
that was a member of said party within the same time period. Maximum
stays at all lodging establishments may be extended by the Community
Development Director based on individual hardship, which may include
stays resulting from natural disaster or calamity. The decision of
the Community Development Director shall be final.
8.
Extended stay lodging establishments shall be subject to all
of the other provisions of this Chapter that relate to lodging establishments.
9.
Restricted Access Technology. Electronic locking systems and secured
access, via magstripe cards, Radio Frequency ID (RFID) cards, mobile
device (AKA keyless"), biometric ID, or similar secure methods (hereinafter
referred to as "keys"), to all buildings and rooms shall be required
so as to ensure that only authorized persons are permitted in rooms
and/or common areas of the lodging establishment. Mechanical locking
systems, such as, but not limited to pin tumbler, combination, push,
or punch button shall not be permitted. All permitted keys shall expire
no later than seven (7) days after issuance. No person other than
a person who has been duly registered, as provided in this Section,
shall be given a key by the licensee. Master keys shall only be issued
to lodging establishment employees and shall be logged daily to ensure
only authorized persons have them in their possession. Missing or
unaccounted for master keys or guest keys shall be deactivated immediately.
[Ord. No. 4.506 (Bill
No. 2856), 6-1-2023]
J.
Guest Registration.
1.
Guest Register.
a.
Every operator of any lodging establishment in the City shall
keep a register for the registration of all guests. A Law Enforcement
Officer in the City may request an operator consent to inspect the
record as part of the Department's public safety responsibilities.
If such request for inspection is refused, the operator shall secure
the guest register in the presence of the Officer in a manner directed
by the Officer to ensure that no one can tamper with the guest register
and the operator shall maintain the security of the guest register
until such time as a subpoena, warrant, or court order has been issued
or denied.
b.
No person shall alter, deface or erase the record so as to make
the information recorded in it illegible or unintelligible, or hinder,
obstruct or interfere with any inspection of the record under this
Section.
c.
Any record maintained in the form of a book shall be permanently
bound, each page shall be sequentially numbered and the book shall
be the minimum size of eight (8) inches by ten (10) inches. No page
shall be removed from the book. Any record maintained in the form
of cards shall be on cards that are the minimum size of two and one-half
(2 1/2) inches by four (4) inches and numbered consecutively
and used in sequence. Any card numbered within the sequence of utilized
cards shall be preserved as part of the record even if it is not used
for a room rental. The numbers shall be printed or otherwise indelibly
affixed to the cards. If maintained electronically, the record shall
be printable.
d.
For the purpose of enforcing this Chapter, every operator of
a lodging establishment shall record the days and dates each guest
room in his or her lodging establishment is rented or occupied. The
records of guest room occupation or rental shall be kept by the operator
within the City of Arnold and shall always be subject to audit by
the Collector or by any person (whether or not an employee of the
City) designated by the Collector for that purpose at the discretion
of the Collector. The records of guest room occupation or rental required
to be maintained by this Section shall be maintained for a period
of five (5) complete licensing years.
2.
Guests Must Register. No operator of any lodging establishment
in the City shall rent or subrent or assign for occupancy any guest
room in that lodging establishment to any person until after such
person shall have registered his/her name and address in the register
herein provided to be kept, and thereafter such register shall be
made to show correctly the year, month, day and hour of the arrival
of such person at the lodging establishment and the number of the
guest room rented or assigned to such guest; and such operator of
such lodging establishment shall at the time of the departure of each
guest endorse upon such register the date of such departure. No person
shall erase or alter any name or address written in such register.
3.
Registration Information Required.
a.
The operator of any lodging establishment shall keep a register
of the names and home or business addresses of all persons to be accommodated
at the lodging establishment with the length of stay indicated. At
the time of registration, the operator or his or her employee shall
verify the identification of the registrant by requesting to see,
and copying onto the registration form any of the following: the registrant's
valid driver's license, the registrant's valid military identification,
or the registrant's valid passport number and country of issuance.
b.
The operator or his or her employee must also include on the
registration forms the make, type and license number of the registrant's
automobile, trailer or other vehicle, and the State in which such
vehicle is registered and the year of registration for any vehicle
that is parked on the premises. Lodging establishments that can demonstrate
that they take sufficient reasonable steps to control access to and
from parking areas on the premises shall not be required to include
this information on registration forms. Such sufficient reasonable
steps to control access to and from parking areas shall include, but
not be limited to, valet parking, automated access gates, and parking
attendants.
c.
Pursuant to Section 315.069, RSMo., 2000, lodging establishment
operators may make certain requirements for providing accommodations.
(1)
The lodging establishment operator may require
a person seeking the use of a room, accommodations, facilities or
other privileges of the hotel to demonstrate his or her ability to
pay for such use by cash, credit card or approved check. In addition,
the lodging establishment operator may require the parent or guardian
of a person under the age of eighteen (18) to:
(a)
Accept in writing the liability for the cost of
the room, accommodations, facilities or other privileges of the hotel
used by the person, and the cost of any damages to the room, furnishings
in the room or other facilities of the hotel caused by the person
while using the room, accommodations, facilities or other privileges
of the hotel;
(b)
Provide the hotel operator with one (1) of the
following:
i.
The authority to charge the amount due for the cost
of the room, accommodations, facilities or other privileges of the
hotel used by the person, and the cost of any damages to the room,
furnishings in the room or other facilities of the hotel caused by
the person while using the room, accommodations, facilities or other
privileges of the hotel to a credit card used by a person under the
age of eighteen (18). The granting of such authority shall be deemed
a waiver of any defense based upon the age of such person which may
be raised by the minor or the person authorizing the use of the credit
card; or
ii.
An advance cash payment sufficient to cover the
cost of the room, accommodations, facilities or other privileges of
the hotel used by the person, and a reasonable amount as a deposit
toward the cost of any damages to the room, furnishings in the room
or other facilities of the hotel caused by the person while using
the room, accommodations, facilities or other privileges of the hotel.
A cash deposit for any damages required by the hotel operator shall
be promptly refunded to the extent not used to cover the cost of any
such damages as determined by the hotel operator following an inspection
of the room, accommodations or facilities of the hotel used by the
person at the end of his or her stay.
4.
Pre-Arrival Registration. In the event that the lodging establishment
utilizes a pre-arrival registration or approval procedure that obviates
the requirement for an arriving guest to go to the front desk and
provide information typically required as part of the lodging establishment's
customary registration process, the lodging establishment shall not
be required to comply with Subdivision (3) of this Subsection; provided,
however, that the related information of the type specified in Subdivision
(3) is recorded subsequent to guest arrival.
5.
Illegal Registration. No person shall register at any lodging
establishment in the City under the name of any other person, or by
any assumed, false or fictitious name. No person recording any information
required by this Section shall falsely or inaccurately state such
information.
K.
Registration And Occupancy Shall Not Establish Domicile. The act
of registering as a guest or occupying a guest room in any lodging
establishment is by license and is transient in nature. Such registration
and occupancy shall not establish domicile or residency by the guest
or any occupants of the room(s).
1.
The owner or operator of any lodging establishment shall inform
all guests, in writing, of this provision during the guest registration
process and as part of any published guest rules.
2.
The owner or operator of any lodging establishment operator
shall refuse accommodations to or eject persons from the lodging establishment,
as permitted in this Chapter, when such persons act to violate or
indicate their intent to violate this Section.
L.
Hourly Rental Prohibited.
1.
It shall be unlawful for an owner or operator of any lodging
establishment to rent or subrent any room for a rate less than which
is charged or accepted for one (1) full day's accommodations within
any twenty-four-hour period.
2.
It shall be unlawful for an owner or operator of any lodging
establishment to rent or subrent the same guest room more than two
(2) times within any twenty-four-hour period.
3.
No such owner or operator shall advertise that any guest room
is available at any hourly rate or for a period less than twenty-four
(24) hours.
M.
Rental To A Minor Prohibited. It shall be unlawful for an owner or
operator of any lodging establishment to rent or subrent any guest
room to any individual under the age of eighteen (18) years unless
said individual is accompanied by a registered guest who is his or
her legal guardian; or when accompanied by an adult over the age of
eighteen (18) years who is a registered guest, and who is in possession
of expressed written permission of the legal guardian.
N.
Use Of Portable Electrical Or Open-Flame Cooking Devices Prohibited.
1.
It shall be unlawful for an owner or operator of any lodging
establishment or for any registrant or guest of a lodging establishment
to use, provide or knowingly allow the use of portable electrical
or open- flame cooking devices, including, but not limited to, hot
plates, electric skillets and grills, propane and charcoal grills,
camping stoves, slow cookers, and any similar cooking devices on the
premises of a lodging establishment, except as provided in Subdivision
(2) below.
2.
Kitchens or kitchenettes installed with the approval of the
fire district and the City of Arnold and in accordance with applicable
building codes; and microwaves and coffee makers that are provided
by the owner or operator of the lodging establishment shall be permitted.
O.
Maintenance Of Lodging Establishments.
1.
All rooms arranged, designed, used or intended to be used to provide living and sleeping for guests in lodging establishments must be maintained to standards set forth in Chapter 500, Existing Residential Structures Code, of the City of Arnold Municipal Code, except that individual rooms may be out-of-order for repair and/or remodeling purposes for no more than ninety (90) days within any twelve-month period, provided there is a valid building permit issued in conjunction with such repairs and/or remodel.
2.
The building and grounds shall at all times be improved, constructed,
maintained, and used in strict conformity with the City's Code of
Ordinances, including, but not limited to any approved site-specific
ordinances, conditional use permits, site plans, landscape plans,
lighting plans, and sign packages.
P.
Consumption Of Alcoholic Beverages In Public Areas Prohibited. It shall be unlawful for an owner or operator of any lodging establishment, or for any registrant or guest of a lodging establishment, to consume or knowingly allow the consumption of alcoholic beverages, as defined in Chapter 600, in any parking lot, hallway, or other publicly accessible area associated with the lodging establishment except in restaurants, bars, lounges, banquet rooms, or other areas specifically authorized by a valid liquor license.
Q.
Lodging Establishment Operator May Refuse Accommodations. As permitted
pursuant to Section 315.067, RSMo., 2000, an operator of a lodging
establishment may refuse or deny the use of a guest room, facilities
or other privileges of the lodging establishment to any of the following:
1.
An individual who is unwilling or unable to pay for the guest
room, facilities, or other privileges of the lodging establishment;
2.
An individual who is visibly intoxicated, under the influence
of alcohol or other drug, and/or is disorderly so as to create a public
nuisance;
3.
An individual who the lodging establishment operator reasonably
believes is seeking to use a guest room, facilities or other privileges
of the lodging establishment for an unlawful purpose;
4.
An individual who the lodging establishment operator reasonably
believes is bringing in anything which may create an unreasonable
danger or risk to other persons, including, but not limited to, explosives
or the unlawful use of firearms; or
5.
An individual whose use of the guest room, facilities or other
privileges of the lodging establishment would result in a violation
of the maximum capacity of such lodging establishment.
|
A lodging establishment operator who reasonably refuses or denies
the use of a guest room, facilities or other privileges of the lodging
establishment pursuant to this Section shall not be subject to any
civil or criminal action or any fine or other penalty based on such
reasonable refusal.
|
R.
Lodging Establishment Operator May Eject Person. Pursuant to Section
315.075, RSMo., 2000, an owner or operator of a lodging establishment
may eject a person from the lodging establishment and notify the appropriate
Police for any of the following reasons:
1.
Non-payment of charges incurred by the individual renting, subrenting
or leasing a guest room or facility of the lodging establishment when
the charges are due and owing;
2.
The individual present at the lodging establishment is visibly
intoxicated, under the influence of alcohol or other drugs and/or
is disorderly so as to create a public nuisance;
3.
The owner or operator reasonably believes that the individual
is using the premises for an unlawful purpose;
4.
The owner or operator reasonably believes that the individual
has brought something into the lodging establishment which may create
an unreasonable danger or risk to other persons, including, but not
limited to, unlawful use of firearms or explosives; or
5.
The individual is in violation of any Federal, State or local
laws or regulations relating to the lodging establishment.
S.
Lodging Establishment License Endorsement Required.
1.
Lodging Establishment License Endorsement Requirement.
a.
Beginning September 1, 2019, it shall be unlawful for any person
to operate a lodging establishment in the City of Arnold without both:
b.
Initial Application.
(1)
For all lodging establishments which exist and
are currently operating prior to April 1, 2019, those lodging establishments
shall apply for a lodging establishment license endorsement by September
1, 2019 and, so long as the lodging establishment is qualified to
obtain a lodging establishment license, the City shall issue an initial
lodging establishment license endorsement to such lodging establishment.
(2)
For those lodging establishments which do not exist
as of April 1, 2019, or which begin or resume operations after such
date, those lodging establishments shall apply for a lodging establishment
license endorsement prior to beginning or resuming operations and,
so long as the lodging establishment is qualified to obtain a lodging
establishment license, the City shall issue an initial lodging establishment
license endorsement to such lodging establishment.
c.
Conditions To Deter Crime — Conditions/Requirements.
(1)
Once a lodging establishment license endorsement
is issued, a lodging establishment must comply with additional conditions
designed to deter crime in order to obtain or maintain its lodging
establishment license endorsement, which additional conditions are
based upon an individual lodging establishment's annual calls for
service per guest room for the prior year.
(2)
The calls for service and crime statistics for
each lodging establishment will be compiled for a twelve-month period
ending December 31st of each calendar year by the Arnold Police Department.
(3)
Each lodging establishment owner will be notified
of its annual number of calls for service per guest room for the prior
year no later than March 31st of each calendar year.
(4)
The time between April first and August first will
allow lodging establishments time to comply with all the conditions
of their group level necessary to receive a lodging establishment
license endorsement prior to their making application for the issuance/renewal
of their lodging establishment license.
d.
Renewals. Each lodging establishment shall demonstrate that
it has fulfilled the conditions required by August first. If the lodging
establishment has satisfactorily demonstrated that it has fulfilled
the conditions required, then the City shall issue a new lodging establishment
license endorsement for such lodging establishment for the next calendar
year.
e.
Form. The lodging establishment license endorsement required
herein shall be made upon a form prepared by the Arnold Police Department
upon application by the licensee. The lodging establishment license
endorsement form must be presented to the City Clerk by every lodging
establishment licensee, as a condition of eligibility for the renewal
of a lodging establishment license.
2.
Annual Calls For Police Service Less Than Or Equal To Twenty-Five
Hundredths (0.25) Calls Per Guest Room (Including Those Lodging Establishments
With No History Of Calls Per Service Per Guest Room For The Prior
Year). Lodging establishments whose annual calls for service are less
than or equal to twenty-five hundredths (0.25) calls per guest room
shall be entitled to a lodging establishment endorsement without further
condition and shall have the option, but not the requirement, to implement
the followings measures:
a.
At the request of such lodging establishment, the Arnold Police
Department will provide the lodging establishment with inspection
services and advice concerning crime prevention through environmental
design standards.
b.
At the request of such lodging establishment, the Arnold Police
Department will provide training for the lodging establishment staff,
in cooperation with management, regarding the recognition of criminal
behavior.
c.
At the request of such lodging establishment, the Arnold Police
Department will keep the lodging establishment management apprised
of police activity that occurs on the property of the lodging establishment
to the extent deemed acceptable by the Arnold Police Department.
3.
Annual Calls For Police Service Greater Than Twenty-Five Hundredths
(0.25) Calls Per Guest Room But Less Than Or Equal To One (1.00) Call
Per Guest Room. Lodging establishments whose annual calls for service
are greater than twenty-five hundredths (0.25) calls per guest room
but less than or equal to one (1.00) call per guest room are required
to meet the following additional conditions, designed to deter crime,
in order to obtain a lodging establishment license endorsement to
operate in the City of Arnold:
a.
The lodging establishment shall contact the Arnold Police Department
to coordinate the following requirements:
(1)
The Arnold Police Department shall provide training
for the lodging establishment staff, in cooperation with management,
regarding the recognition of criminal behavior.
(2)
The Arnold Police Department shall keep the lodging
establishment management apprised of police activity that occurs on
the property of the lodging establishment to the extent deemed acceptable
by the Arnold Police Department.
b.
The lodging establishment must install and operate a surveillance
camera (with recorder) in the lobby and all building entry/exit points
accessible to guests for twenty-four (24) hours per day, seven (7)
days per week. All surveillance recordings shall be stored and maintained
in good viewing order for a minimum of thirty (30) days after recording,
and shall be made available upon request by any Law Enforcement Officer
in the City. Such recordings shall be date and time stamped.
c.
The lodging establishment must undergo an Arnold Police Department
crime prevention assessment of the lodging establishment to be conducted
by the Arnold Police Department Crime Prevention Unit using standards
from the crime prevention through environmental design (CPTED) program.
4.
Annual Calls For Police Service Greater Than One (1.00) Call
Per Guest Room. Lodging establishments whose annual calls for service
are greater than one (1.00) call per guest room are required to meet
the following additional conditions, designed to deter crime, in order
to obtain a lodging establishment license endorsement to operate in
the City of Arnold:
a.
The lodging establishment must conform to the conditions set forth in Section 605.380(S)(3).
b.
The lodging establishment must provide the Arnold Police Department
with the names and dates of birth of the owner, or if the owner is
an entity, all officers of the owner, and all employees employed at
the lodging establishment to allow for background checks. A processing
fee (in an amount required to cover costs) may be required as determined
by the Arnold Police Department.
c.
The lodging establishment must hold semi-annual employee training
sessions, assisted by the Arnold Police Department.
[Ord. No. 4.506 (Bill
No. 2856), 6-1-2023]
(1)
Where lodging establishment employees speak only or primarily
a language other than English, the lodging establishment shall provide
adequate interpretive services for the training sessions.
(2)
Employees who have previously undergone an employee training
session assisted by the Arnold Police Department shall only be required
to attend such sessions annually.
d.
The lodging establishment must provide twenty-four-hour front
desk personnel.
e.
The lodging establishment must enforce the following guest rules:
(1)
No guest room may be used for drunkenness, fighting,
or breaches of the peace. No guest room may be used if loud noises
come from that guest room. Loud noises are those noises that disturb
the tranquility of the neighborhood or those noises that would be
disturbing to a reasonable person.
(2)
All adult guests and visitors must present a government
issued photo ID at the front desk immediately upon arrival.
(3)
Registered guests shall re-check-in every seven
(7) calendar days.
(4)
All guests and visitors must be at least twenty-one
(21) years old, unless accompanied by a parent or legal guardian.
(5)
Only registered guests are allowed in his/her room
between 10:00 P.M. and 6:00 A.M.
(6)
Guests may not prohibit or impede room entry by
the lodging establishment, when such entry is for purposes of inspection,
cleaning and/or maintenance.
(7)
The lodging establishment may visually inspect
all guest rooms every twenty-four (24) hours to ensure the well-being
of guests and confirm the condition of the room.
f.
The lodging establishment must post house rules in the lobby
and guest rooms and each guest and visitor must sign a copy of the
house rules. The operator must notify the guests and visitors that
their registration information may be shared with the Arnold Police
Department.
g.
Upon registration, full payment shall be collected for stays
of seven (7) days or longer.
h.
The maximum stay of any longer-term guest shall not exceed two
(2) months or sixty (60) calendar days, whichever is less.
i.
At minimum, the lodging establishment shall thoroughly clean
each room, to include the provision of clean bed linens, bathing towels,
and bathroom tissue, after a guest checks out, and no less frequently
than once every seven (7) days when occupied by the same guest. A
record of room cleanings shall be maintained for at least one (1)
year.
[Ord. No. 4.506 (Bill
No. 2856), 6-1-2023]
j.
[Deleted]
[Ord. No. 4.506 (Bill
No. 2856), 6-1-2023]
k.
The lodging establishment must issue parking passes to all vehicles
to be allowed to park on the premises with each pass marked with the
license plate number of the vehicle to which it is issued, the date
of issuance, and expiration date. Such passes shall be visibly displayed
in the vehicle to which it is issued.
l.
The lodging establishment must participate in the Arnold Police
Department "criminal trespass program." Participation shall mean the
lodging establishment shall be registered in the "criminal trespass
program".
m.
The lodging establishment must remove all graffiti and repair
all vandalism within seven (7) days of occurrence.
n.
The lodging establishment must permit an annual inspection by
the City of Arnold Building Official to ensure that guest rooms are
maintained according to all applicable building, fire, and safety
codes, including tamper-resistant smoke detectors meeting National
Fire Protection Agency (NFPA) standards.
o.
The lodging establishment must follow crime prevention through
environmental design (CPTED) standards for landscaping/plant maintenance.
These standards will be provided by the Arnold Police Department.
p.
The lodging establishment must install lighting in all common
areas with minimum maintained lighting of one and one-half (1.5) foot-candles
at ground level.
q.
The lodging establishment must install and operate video monitoring
equipment in all parking lots, monitored and recorded at the front
desk twenty-four (24) hours per day, seven (7) days per week. All
surveillance recordings shall be stored on-site, or in a cloud-based
data storage system, and maintained in good viewing order for a minimum
of thirty (30) days after recording. Such recordings shall be date
and time stamped and shall be made available upon request by any Law
Enforcement Officer in the City.
[Ord. No. 4.506 (Bill
No. 2856), 6-1-2023]
r.
The lodging establishment must have either a certified Law Enforcement
Officer or a Jefferson County or other public law enforcement agency
licensed, and uniformed Security Officer on the premises every day
from 10:00 P.M. until 6:00 A.M. Said officer shall be stationed in
the lobby of the lodging establishment, but shall make regular rounds
of the entirety of the premises. A copy of the officer(s) certificate,
license or ID, and copies of their pay logs or work schedules shall
be maintained and shall be made available upon request by any City
official or by any Law Enforcement Officer in the City.
[Ord. No. 4.506 (Bill
No. 2856), 6-1-2023]
s.
The lodging establishment must submit to scheduled annual audits
by the City of Arnold Police Department to verify compliance with
the above-referenced conditions.
[Ord. No. 4.506 (Bill
No. 2856), 6-1-2023]
T.
Revocation Of Lodging Establishment License.
1.
The Collector may revoke a lodging establishment license as
provided in this Section at any time the Collector determines that
such lodging establishment is not in compliance with this Chapter.
If, at any time, the Collector determines that a lodging establishment
is not in compliance with this Chapter of the Arnold Code, the Collector
shall notify the owner of the lodging establishment of such alterations
or changes as may be deemed necessary to comply therewith and shall
state in such notice the amount of time that the owner shall have
to bring the lodging establishment into compliance with this Chapter.
At the expiration of the period of time allowed by the Collector,
the Collector shall review the progress of the owner's attempts to
follow this Chapter and may grant additional reasonable periods of
time for compliance. If the Collector is not satisfied that the owner
has made the lodging establishment compliant with this Chapter, the
Collector shall give written notice to the owner stating that the
City will consider revocation of the lodging establishment license,
setting forth the reasons for the proposed action and fixing the date
of a hearing before the City Council. Such public hearing shall be
held not less than thirty (30) days from the date of delivery of such
notice. The owner shall be entitled to appear with an attorney and
may call witnesses as may be desired. If the City Council determines
after such hearing that the lodging establishment is not in compliance
with the provisions of this Chapter, the City Council may revoke the
lodging establishment license. The owner of a lodging establishment
may appeal an adverse decision of the City Council as provided in
Chapter 536, RSMo. A lodging establishment may remain in operation
during the foregoing process until revocation unless the Collector
determines that an imminent health or safety hazard exists.
2.
All notices served by the City pursuant to this Section shall
be, in writing, and shall be either delivered to the owner in person
or by registered or certified mail.
U.
Subsequent Applications For Lodging Establishment License After Revocation
— Conditions Of Approval.
1.
No subsequent application for a lodging establishment license
to operate a lodging establishment on the same property following
a period of revocation shall be approved unless:
a.
Sixty (60) days have passed from the date of revocation;
b.
The owner provides the City with a bond in a form acceptable
to the City in the amount of one hundred thousand dollars ($100,000.00)
("bond"); and
c.
The applicant presents a corrective action plan, to the reasonable
satisfaction of the Chief of Police and the Collector, to assure that
the conditions and causes of the prior revocation have been or will
be eliminated. Such corrective action plan must, at a minimum, include
the following:
(1)
All employees of the applicant shall be required
to attend a four (4) hour crime prevention training class taught by
law enforcement personnel; and
(2)
The lodging establishment property must pass a
full "Crime Prevention Through Environmental Design (CPTED)" inspection
by law enforcement personnel demonstrating that the property meets
minimum security requirements; and
(3)
The lodging establishment implements the additional conditions described in Section 605.380(S)(4).
V.
Assignment. A valid lodging establishment license may be transferred
to a new owner of the lodging establishment upon notification to the
City.
W.
Violations, Enforcement And Penalties.
1.
Remedies Cumulative. The remedies provided for herein for failure
to comply with this Section shall be cumulative and in addition to
any other remedy at law or equity.
2.
Continuing Annual Calls For Police Service Greater Than One (1.00) Call Per Guest Room. It is a violation of this Section if, after imposition of all of the conditions of Section 605.380(S)(4) for a period of one (1) year, the annual calls for service to the lodging establishment continue to be greater than one (1.00) per year.
3.
Civil Infraction. A violation of or failure to comply with this
Section is a civil offense and the City may enforce this Section and
seek fines and penalties in accordance with the provisions of this
Section.
4.
Separate Offense. Each day upon which a violation of this Section
occurs constitutes a separate offense.
5.
Nuisance Abatement — Enforcement By Civil Action. The
City may also seek legal or equitable relief to enjoin any acts or
practices and abate any condition which may constitute a nuisance
or a violation of this Section.
6.
Operating Without A Lodging Establishment License Or Lodging
Establishment License Endorsement. Any person establishing, conducting,
managing or operating a lodging establishment in violation of this
Chapter and/or without a lodging establishment license or lodging
establishment license endorsement is guilty of a Class B misdemeanor.
[Ord. No. 4.494 (2780), 3-18-2021]
A.
This Section specifically applies to the business license for all fireworks stands, as defined in Chapter 215, Article XIV, Fireworks, of the Arnold Code of Ordinances, operating within the corporate limits of the City of Arnold. The provisions of this Section are in addition to, not in lieu of, other provisions of this Chapter or the Code of Ordinances. In the case of an inconsistency in this Chapter or Code of Ordinances, the specific shall control.
B.
No person shall operate a fireworks stand who does not possess a business license from the City to operate such fireworks stand. Only a person who complies with the provisions of this Section shall be entitled to receive and retain such a license. The City Clerk shall approve a fireworks stand license application if the requirements for such license, as described in the Code of Ordinances Chapter 215, Article XIV, Fireworks, and all other Chapters and Sections referenced therein, have been met.
[Ord. No. 4.495 (2783), 4-15-2021]
When used in this Chapter, the following words shall have the
following meanings:
A motorized vehicle or a tow-behind trailer, sometimes referred
to as a "food truck," "catering truck," "food vending cart," or "mobile
kitchen," that may temporarily park in an area and engage in the service,
sale, or distribution of ready-to-eat food for individual portion
service to the general public.
The registered owner of a mobile food vehicle or the owner's
agent, employee, operator, or representative; as used herein, "vendor"
shall have the same definition.
A machine propelled by power other than human power, designed
to travel along the ground by use of wheels, treads, runners, or slides
and transport persons or property or pull machinery, and shall include,
without limitation, automobile, truck, trailer, motorcycle, buggy,
and wagon and any part thereof.
[Ord. No. 4.495 (2783), 4-15-2021]
The provisions of this Chapter apply to mobile food vehicles engaged in the business of cooking, preparing, and distributing food or beverage with or without charge upon or in public and private spaces. This Chapter does not apply to ice cream trucks as governed by Chapter 610 and may not apply to mobile food vehicles hired by the City for City-sponsored events, fairs, functions, or festivals.
[Ord. No. 4.495 (2783), 4-15-2021]
A.
It shall be unlawful for any person or entity, including, but not
limited to, any religious, charitable, or non-profit organization,
to operate a mobile food vehicle within the City of Arnold without
a permit.
B.
All mobile food vehicle vendor permits issued under this Chapter
shall be conspicuously posted on the vehicle at all times.
C.
Any mobile food vendor desiring to operate a mobile food vehicle
within the City limits shall submit an application for such permit
to the City Clerk.
D.
The submitted application shall include all supporting documents
as required by the City, which may include, but shall not be limited
to, proof of liability insurance, proof of any applicable health and
safety inspections, written permission from the property owner on
which the mobile food vehicle is to be located, and any other documents
deemed necessary to determine the function and safety of the mobile
food vehicle.
E.
Each permit shall be valid for a minimum of one (1) and a maximum
of five (5) days.
F.
No mobile food truck will be authorized to operate within the City
of Arnold for more than five (5) consecutive days at a time or for
more than fifteen (15) days per month.
G.
The City shall reserve the right to revoke any approved permit for
cause.
[Ord. No. 4.495 (2783), 4-15-2021]
An application fee of twenty-five dollars ($25.00) is required
for each permit.
[Ord. No. 4.495 (2783), 4-15-2021]
A.
In addition to all other requirements of this Chapter:
1.
No mobile food vendor shall park, stand, locate, or conduct business
at any location where the permit holder has not been authorized to
operate.
2.
Mobile food vendors shall only be permitted in the zoning districts where such use is specifically defined as a permitted use in the Arnold Zoning Ordinance, except as authorized per Section 405.050(C)(21), Special Events.
3.
No mobile food vendor shall operate on private property without first
obtaining written consent from the affected property owner. A private
property owner shall not permit parking by a mobile food vehicle until
a mobile food vehicle permit has been granted by the City.
4.
No mobile food vendor shall operate a mobile food vehicle within
five hundred (500) feet of any fair, festival, special event, or civic
event that has been approved by the City of Arnold unless the vendor
has been approved as part of the event.
5.
Mobile food vendors shall be prohibited on vacant, unimproved, or
unpaved lots.
6.
Mobile food vendors must, at all times, possess a valid food and
beverage permit from the Jefferson County Health Department.
7.
If applicable, mobile food vendors must, at all times, possess a
valid permit from the Rock Community Fire Protection District.
8.
Mobile food vendors shall comply with all applicable Federal, State,
County, and local laws, rules, and regulations without limitation.
9.
Mobile food vehicles may begin selling or distributing products at
6:00 a.m. and must cease selling or distributing products by 10:00
p.m.
10.
All equipment and utensils used to prepare, process, and serve food
shall be adequately secured while the mobile food vehicle is in transit.
This shall include, but shall not be limited to, appliances, bowls,
coolers, cups, knives, plates, and storage bins and containers.
11.
Auxiliary engines, batteries, battery chargers, compressors, generators,
and other gas-powered and similar equipment shall be installed to
be accessible only from the outside of the mobile food vehicle.
12.
Any power or fuel required for the mobile food vehicle shall be self-contained
and mobile food vehicles shall not use utilities drawn from the public
right-of-way. Mobile food vehicles located on private property may
use electrical power from the property being occupied or an adjacent
property, but only when the property owner provides written consent
to do so. All power sources must be self-contained. No power cable
or equipment shall be extended at or across any City street, alley,
or sidewalk.
13.
Mobile food vendors' vehicles and other equipment shall not be stored
outdoors overnight on any property within the City other than property
owned by the operator of the mobile food vendor on which such operator
has a fixed-based food service operation.
14.
The customer service area for mobile food vehicles shall be on the
side of the truck that faces the curb, lawn, or sidewalk when parked.
No food service shall be provided on the driving lane side of the
truck.
15.
No food shall be prepared, cooked, or assembled outside the mobile
food vehicle.
16.
Mobile food vendors shall provide a waste container with a self-closing
lid for public use which the vendor shall empty at his/her own expense.
All trash and garbage originating from the operation of mobile food
vehicles shall be collected and disposed of off-site by the mobile
food vendor at least each day and as often as reasonable to protect
the public health, safety, and welfare. Spills of food or food by-products
shall be cleaned up, and no dumping of gray water within the City
shall be permitted. At the City's discretion, a refundable cash deposit
may be required in order to ensure compliance with this provision.
17.
The use by a mobile food vendor of any temporary structure other
than a vehicle or cart described in this Chapter is prohibited.
18.
Mobile food vendors may utilize outside seating consisting of one
(1) portable table with a maximum seating capacity of four (4).
19.
No mobile food vehicle shall make or cause to be made any public
nuisance.
20.
No mobile food vehicle shall sound or permit the sounding of any
device which produces a loud and raucous noise or use or operate any
loudspeaker, public address system, radio, sound amplifier, or similar
device to attract the attention of the public or otherwise causes
a nuisance.
21.
Signage is only allowed when permanently affixed on mobile food vehicles.
No separate freestanding signs are permitted except for one (1) "A-frame"
or "sandwich board" type sign.
22.
All exterior lights shall be designed so that the light source is
shielded with an opaque material and is not visible at adjacent businesses
or residences at a height greater than five (5) feet.
23.
No flashing, blinking, or strobe lights are allowed on mobile food
vehicles or related signage when the vehicle is parked and engaged
in serving customers.
24.
Mobile food vehicles shall be parked in conformance with all applicable
parking restrictions when parked on public streets.
25.
Mobile food vehicles shall not be permitted to stand within public
right-of-way or on the grounds of any government office, facility,
public park, recreation area, or other similar public land within
the City, which is under the control, operation, or management of
the City except as authorized herein.
26.
The issuance of a mobile food vehicle permit does not grant or entitle
the vendor to the exclusive use of any street or parking space.
27.
Mobile food vehicles shall not in any way restrict or interfere with
the ingress or egress of the abutting property owner or tenant or
otherwise hinder the lawful parking or operation of other vehicles.
28.
Mobile food vehicles shall not increase traffic congestion or delay,
constitute a hazard to traffic, life, or property, or constitute an
obstruction to adequate access to ambulances, fire apparatus, police
cars, sanitation vehicles, or other similar vehicles and equipment.
29.
Mobile food vehicles shall not operate within:
a.
Fifteen (15) feet of any entranceway to any building;
b.
Fifteen (15) feet of any driveway entrance to a Police Station,
Fire Station, ambulance shed, or other structure containing an emergency
response vehicle;
c.
Fifteen (15) feet of any other driveway;
d.
One hundred (100) feet of a crosswalk or intersection;
e.
Twenty-five (25) feet of any bus stop sign;
f.
Two hundred fifty (250) feet of an existing restaurant during
the hours when such restaurant is open for business unless given written
consent from the restaurant owner.
[Ord. No. 4.495 (2783), 4-15-2021]
A.
Any person operating a mobile food vehicle in violation of any provision
of this Chapter shall be subject to all other enforcement provisions
of the Code.
B.
Each day that a person operates a mobile food vehicle in violation
of this Chapter shall be a separate and additional violation.
C.
Any permit issued under this Chapter may be revoked, suspended, or
not renewed by the City Administrator or City Clerk for failure to
comply with the provisions of this Chapter and any rules or regulations
promulgated by the City of Arnold.
[Ord. No. 4.504 (Bill
No. 2838), 9-15-2022]
A.
LODGING ESTABLISHMENT
SHORT-TERM RENTAL
TRANSIENT GUEST
As used in this Section, the terms list below shall be defined as
follows:
See definition provided in Section 605.380 of this Code.
A rental of any legally permitted dwelling unit, or a portion
of such a legally permitted dwelling unit, other than a lodging establishment,
for a period of less than thirty (30) consecutive calendar days.
Any person, other than the owner who occupies a guest room,
except guest rooms at a lodging establishment, for a period of less
than thirty (30) continuous days.
B.
Short-term rentals shall be prohibited within the City of Arnold,
except at lodging establishments. The owner and/or transient guest
may be jointly and severally liable for violations of this Section.
Each and every day during any portion of which a violation of this
Section is committed, continued or permitted, shall be a separate
offense.
