[R.O. 1985 § 13-250; Ord. No. 4684, § 1, 9-13-2016]
The Board of Aldermen finds and declares that attracting small
businesses is in the best interest of the City, and that the waiver
of business license fees for certain eligible businesses will encourage
businesses to locate within the City, and will serve the public purpose
of stimulating the economy of the City and the surrounding area.
[R.O. 1985 § 13-251; Ord. No. 4684, § 1, 9-13-2016]
(a) There is hereby established a business license fee waiver program in the City of Crestwood. A business granted a waiver under this program shall be exempt from all payments required under Article
III of Chapter
13 of this Code for a period not to exceed three (3) years. To be eligible for a waiver, a business must meet the following criteria:
(1)
An eligible business must show proof that it rents or owns real
property within the City from which it will conduct business; or must
enter into an agreement to rent or purchase real property from which
it will conduct business prior to such waiver becoming effective;
(2)
Such business shall have no more than twenty (20) employees;
(3)
Such business must:
a.
Be unique to the City of Crestwood, and have never before existed
within the City limits; and
b.
Be unique or uncommon in the St. Louis metropolitan area. If
a business is part of a chain or a franchisee of a business operating
in multiple locations, such business shall have no more than three
(3) other branches or locations within St. Louis County and the City
of St. Louis.
(4)
Businesses meeting the above criteria in the following industries
shall be considered for waivers:
b.
Restaurants and other eating places;
c.
Miscellaneous manufacturing;
d.
Transportation equipment manufacturing;
e.
Electrical equipment, appliance and component manufacturing;
f.
Computer and electronic product manufacturing;
g.
Machinery manufacturing; and
h.
Fabricated metal product manufacturing.
(5)
Such business has never had gross receipts exceeding thirty
million dollars ($30,000,000) in a calendar year; or if such business
has not operated elsewhere, that it does not project to earn gross
receipts in excess of thirty million dollars ($30,000,000) in a calendar
year for at least the next five (5) years; and
(6)
No waiver shall be granted for any business license fees that
are delinquent under Section 13-224.
[R.O. 1985 § 13-252; Ord. No. 4684, § 1, 9-13-2016]
(a) All businesses seeking a waiver under this Article shall submit an
application to the City planner on a form approved by the City planner
for such purpose. The City planner or his or her designee shall review
such application as soon as practicable and shall determine whether
the business meets the criteria for waiver set forth in this Article.
Subject to Section 13-255, if such business is determined to
be eligible, then the City planner shall grant a waiver. The City
planner shall determine the number of years, not to exceed three (3),
that fees will be waived.
(b) Applications for a waiver shall be filed by June 1 for consideration
for a waiver in the year starting July 1. Once an application is approved,
the City planner shall provide notice of such approval to the City
Clerk/Collector.
(c) Notwithstanding any other provision of law to the contrary, Section 2-31
of this Code shall not apply to decisions rendered under this Article.
[R.O. 1985 § 13-253; Ord. No. 4684, § 1, 9-13-2016]
(a) Business license fees shall be waived for a period of up to three
(3) years for businesses granted a waiver under this Article. No renewals
or extensions shall be granted for any reason. Businesses granted
a waiver under this Article shall be notified of same in writing by
the City Clerk. A copy of such notification shall be retained in the
records of the City Clerk and shall be available for public inspection/copying.
(b) Businesses granted a waiver under this Article shall be required to operate such business from a physical location within the City limits, in a building zoned for the appropriate use, for a period of at least five (5) years from the date such waiver is granted. Businesses granted a waiver under this Article shall execute an agreement with the City binding it to pay back any business license fees waived by the City in the event that such business ceases operation or leaves the City prior to the expiration of five (5) years from the date such waiver is granted. Such agreement may allow the City to place a lien on real property, if any, owned by such business. Such agreement shall provide that such business remain small in character and if such business subsequently employs more people than is permitted by Subsection
13-251(a)(2), it will thereafter be ineligible for waiver of license fees but shall not be required to refund fees previously waived. The business license of a business granted a waiver under this Article shall be subject to suspension or revocation as set forth in Section 13-227, except that non-payment of fees shall not be a basis for discipline.
[R.O. 1985 § 13-254; Ord. No. 4684, § 1, 9-13-2016]
(a) All businesses granted a waiver under this Article must obtain an appropriate business license from the City; however, the fees for such licenses shall be waived. The City Clerk shall retain the right under Section 13-220 to inspect the books, records, and accounts of such businesses. No waiver shall be granted from liquor license fees required by Chapter
5 of this Code.
(b) For each year in which it is granted a waiver, a business shall keep
all records and statements required by Section 13-209. A business
granted a waiver shall provide its statements of business activity
to the City Clerk as required by Section 13-209. Failure to comply
with this Section may be grounds for suspension or revocation of a
business license under Section 13-227.
(c) Any waiver granted under this Article shall be capped at one hundred
thousand dollars ($100,000). If a business granted a waiver under
this Article would have paid business license fees in excess of one
hundred thousand dollars ($100,000) in the absence of a waiver, such
amount in excess of one hundred thousand dollars ($100,000) shall
be remitted to the City in the manner provided by this Chapter.
[R.O. 1985 § 13-255; Ord. No. 4684, § 1, 9-13-2016]
The City shall grant no more than seven (7) waivers under this
Article in each year; starting July 1 and ending on June 30 of each
year; regardless of the number of qualified applicants. Applications
for a waiver under this Article shall be considered in the order in
which they are received by the City planner. No provision of this
Article shall be construed to vest or create a right in any business
or person to receive a waiver.