[Ord. No. 2022-013, § 1, 2-28-2022]
A. 
Purpose — Applicability — Exemptions. No person shall engage in any of the businesses, trades, occupations, or service occupations set forth in Section 605.020 of this Chapter within the City without first having obtained a license from the City Clerk in compliance with the requirements of this Chapter and paying the applicable license fee. It is the express intent of the City and of this Chapter to license, regulate and impose a fee on every business, trade, occupation, or service occupation that is subject to licensing under the applicable laws of the State of Missouri; provided that, the license fees set forth in this Chapter shall not be applicable to leaders of faith-based organizations, teachers, college professors, lawyers, certified public accountants, dentists, chiropractors, optometrists, chiropodists, physicians, surgeons, farmers, producers selling produce raised by them, or any other profession or vocation enumerated under Sections 71.620.1 or 71.620.3, RSMo. No vendor in an event sponsored by the City shall be required to obtain a license unless they would otherwise be required to do so under the requirements of this chapter.
The license fee provided for in this Chapter is a fee for the privilege of doing business within the City and shall be due and payable by the businesses, trades, occupations, or service occupations set forth in Section 605.020 of this Chapter, whether or not such businesses, trades, occupations, or service occupations occupy or maintain a business premises within the City; provided that, the license fees set forth in this Chapter shall not be applicable to veterinarians, architects, professional engineers, land surveyors, auctioneers, real estate brokers and salespersons, or any other profession enumerated under Section 71.620.2, RSMo., unless such persons maintain a business office within the City. Except as otherwise provided in this Chapter, the license shall be for the annual license year.
B. 
Applications — Requirements For Issuance. Applications for licenses under this Chapter shall be made in writing on a form provided by the City and submitted to the City Clerk. An application shall be made to renew any license upon its expiration. The form of license shall be as prescribed by the City Clerk or designee.
1. 
Evidence Of Insurance. At the time of application or reapplication, each applicant who is a contractor in the construction industry (as those terms are used in Section 287.061 RSMo.) shall produce a current copy of:
a. 
A certificate of insurance naming the City of Raymore, Missouri as a certificate holder, for Workers' Compensation coverage or an affidavit signed by the applicant attesting that the contractor is exempt from the requirements of the Workers' Compensation Law, Chapter 287, RSMo., or applicable successor statutes; and
b. 
A policy of general liability insurance naming the City of Raymore, Missouri as a certificate holder, including completed operations coverage during the term of the building permit or during actual construction, whichever date is later. Such insurance policy shall be with a company licensed to do business in the State of Missouri. All contractors shall maintain general liability coverage in an amount as required in Section 537.610(2) RSMo.
c. 
Cass County and/or State of Missouri inspections, certificates or licensing, if applicable.
d. 
Applicants shall provide the registered agent and office address if business owner is not the responsible party.
2. 
Sales Taxes And All Other Taxes And Obligations To Be Paid.
a. 
New Application. No license shall be issued to any applicant under this Chapter until all financial obligations of the applicant to the City or other valid jurisdictions are paid and satisfied. Each applicant shall provide such documentation or certifications as the City Clerk may require to assure compliance with this Subsection.
b. 
Mid-Year Suspension. Any business holding a current valid occupational license that becomes delinquent on the payment of any financial obligation of the business to the City or other valid jurisdiction shall have said license suspended until such time that any such delinquent obligation is paid and satisfied. The City Clerk shall notify businesses delinquent in any obligation to the City or other valid jurisdiction in writing of the suspension of their license. The delinquency shall be paid within ten (10) days of the date on the notification letter. Failure to satisfy the delinquent financial obligation shall lead to revocation of business license in accordance with section 605.040 (B) and (C) of this Chapter.
c. 
Expired License, Failure To Renew. Any business that allows their occupational license to expire shall not operate the business as of January 1 and must be issued a new business license, according to the process outlined in 605.010 2 (a) of this Chapter, before being allowed to resume the business operation in accordance with section 605.040 (B) and (C) of this Chapter.
3. 
Building/Tenant Space Inspection.
a. 
Use Approval. Prior to the issuance of a license, the City Clerk shall receive a release from the Development Services Director indicating that the business is a permitted or approved use for the building or tenant space to be occupied by the business.
b. 
Building Inspection.
(1) 
Prior to the issuance of a license, the City Clerk shall receive a release from the Building Official indicating that the building or tenant space to be occupied by the business is in a safe operating condition and compliant with the provisions of the Raymore City Code.
(a) 
If the building or tenant space to be occupied is under construction or renovation that requires a building permit, a Certificate of Occupancy must be issued prior to release from the Building Official.
(b) 
In determining compliance with the Building Code and all other applicable codes and ordinances, the Building Official may:
i. 
Inspect the building or tenant space; or
ii. 
Defer to an inspection report for the building or tenant space completed within the previous five (5) years.
(2) 
A change of ownership of an existing business does not require a new inspection of the building or tenant space, unless there is construction or renovation work that requires a building permit.
C. 
Determination Of Business Categories. The City Clerk shall initially establish and classify each business, trade, occupation and service occupation within the categories provided in Section 605.020 of this Chapter. Any business, trade, occupation, or service occupation which objects to the category within which the business has been classified shall have the opportunity to file a written appeal to the City Manager and to request reclassification. Any such appeal shall be filed with the City Manager within ten (10) days after such classification for any appeal to be taken.
1. 
Multiple Business Activities By Single Entity. Any applicant which is engaged in more than one (1) business, trade, occupation or service occupation category within the City shall make separate application for each such category and shall pay the applicable license fee(s).
2. 
Separate License Required For Each Business Premises. Applicants which operate or maintain more than one (1) business premises within the City shall obtain a separate license for each such business premises. Applicants which do not maintain or operate a business premises within the City shall designate on the form of application for each applicable business, trade, occupation, or service occupation category a principal business address and, in the event of a change of such principal business address during the period of the license, shall notify the City Clerk in writing within ten (10) business days of the change.
3. 
License Not Transferable. No license required under this Chapter shall be transferable or assignable.
4. 
Notification Of Change Of Location. If the holder of a license to engage in a business, trade, occupation, or service occupation at a particular business premises changes the location of the business premises before the expiration of the license period, the license holder shall notify the City Clerk in writing. No business, trade, occupation, or service occupation shall be engaged at a new location until the notice of such change has been given as provided in this Subsection and until the holder has paid any additional license fees as may be determined to be applicable under this Chapter by the City Clerk.
D. 
How Issued, Maintained. Upon completion of the required application forms, provision of the required information and documentation, and payment of the applicable license fees, the City Clerk shall issue the license. The license issued shall be signed by the City Clerk and countersigned by the Finance Director and the City Clerk shall affix the corporate seal of the City.
1. 
Record Of Licenses Issued. The City Clerk shall maintain a written record of each license issued under this Chapter; the amount of the license fee paid; the business, trade, occupation, or service occupation for which the license was issued; the location, as applicable, where the license privilege is to be exercised; and the name of the holder of the license.
2. 
License To Be Available For Examination. The holder of any license issued under this Chapter shall have the duty to display or otherwise make the license available for examination and shall produce the license for inspection upon request of any City Official.
E. 
License Fees — Applicability. Except as otherwise provided in this Chapter, the license fees shall be due and payable at the time of initial application for license and prior to commencing operations or business activity within the City.
1. 
Delinquencies Subject To Penalty. From and after the date of delinquency of any license fee due and payable under this Chapter, the City Clerk shall add to the amount due five percent (5%) penalty for each month that such license fee remains delinquent and a business, trade, occupation, or service occupation is conducted within the City, up to a twenty-five percent (25%) maximum penalty. This penalty shall be in addition to all other penalties which may be imposed by law or Ordinance.
2. 
Discounted Fees. Amounts due under this Chapter as license fees for a business, trade, occupation, or service occupations exercised within the City shall be discounted at a rate of five percent (5%) per month after June first.
A. 
Terms Defined. The following words, terms and phrases when used in this Chapter shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
BUSINESS
Any sole proprietorship, partnership, association, limited liability company, or corporation.
BUSINESS OCCUPATION
Any business, trade, pursuit, occupation, and service occupation, excluding "merchants" and "manufacturers" (as those terms are defined in this Section) engaged in at any location within the City.
CONTRACTOR
Any person or business that undertakes with or for another to construct, alter, repair or demolish any structure. The following persons shall not be considered contractors as defined herein: an employee or agent working for and under the supervision of a contractor licensed under this Chapter for any type of construction being undertaken; and a homeowner who personally occupies and undertakes the construction, alteration, repair or maintenance of such homeowner's single-family residence or any accessory structure. For purposes of this Chapter, any homeowner who undertakes the construction of a new residence for his personal occupancy more than one (1) time in any five-year period shall be deemed to be a "contractor."
HOME OCCUPATION
An accessory use of any dwelling unit for business or commercial purposes, including any internet business, where the dwelling unit is the principal residence of the business operator, subject to the standards as outlined in Section 420.040 of the Unified Development Code of the City, unless prohibited by Section 71.620 RSMo. For the purposes of this Chapter, home occupations shall be classified as a business occupation.
MANUFACTURER
Any person, corporation, copartnership, or association of persons within the City who shall hold or purchase personal property for the purpose of adding to the value by any process of manufacturing, assembly, refining, or by the combination of materials.
MERCHANT
Any person, corporation, copartnership, or association of persons who shall deal in the sales of goods, wares or merchandise or providing for remuneration of entertainment (other than those activities operated by a "civic organization" as that term is defined in and pursuant to Chapter 615, of the City Code), lodging, recreational, or sports facilities at any stand, store, hotel, arena, theatre, or other premises occupied for that purpose within the City and not otherwise specifically enumerated in Subsection (B) of this Chapter. As used in this Chapter, the term "Merchant" shall also include every person, corporation, copartnership, or association of persons doing business within the City who shall, in the conduct of such business, make or cause to be made any wholesale or retail sales of goods, wares, or merchandise, whether such sales be accommodation sales, or from a stock of goods on hand, or by ordering goods from another source, and whether the subject of said sales be similar or different types of goods than the type, if any, regularly processed or sold by such person.
NEW VEHICLE TRIP
A single or one-direction vehicle movement having either an origin or destination at a given building or premises and occurring during the weekday afternoon peak period (P.M. Peak Hour) as determined by reference to the applicable property/use classification in the most recent edition of Trip Generation, published by the Institute of Transportation Engineers.
B. 
Business, Trade, Occupation, And Service Occupation Categories. License fees are assessed on those business, trades, occupations, and service occupation categories as provided for in 94.110 RSMo.
A. 
Purpose And Intent. The purpose of contractor licensing is to protect the public health, safety and welfare by assuring that those undertaking the construction, alteration, repair or demolition of structures are qualified to perform such services. It is further the intent that owner-occupants of single-family residential structures be permitted, without first obtaining a contractor's license, to perform work on such homeowner's residence.
B. 
License Classifications. There shall be five (5) separate classes of licenses authorized for contractors as provided:
1. 
Class A: General Contractor. Entitles the contractor to construct, remodel, repair and demolish any structure. Said contractor shall not engage in any mechanical (HVAC), plumbing or electrical services unless also licensed as a Class D Contractor.
2. 
Class B: Building Contractor. Entitles the contractor to construct, remodel, repair or demolish all structures not exceeding three (3) stories in height. Said contractor shall not engage in any mechanical (HVAC), plumbing or electrical services unless also licensed as a Class D Contractor.
3. 
Class C: Residential Contractor. Entitles the contractor to construct, remodel, repair and demolish any single-family, duplex, or townhouse structure and buildings accessory. Said contractor shall not engage in any mechanical (HVAC), plumbing or electrical services unless also licensed as a Class D Contractor.
4. 
Class D: Mechanical, Electrical And Plumbing Contractor. Entitles the contractor to perform mechanical (HVAC) services, plumbing services, or electrical contractor services. Said contractor shall be licensed for each trade in which they desire to perform work and shall not engage in any work entitled to a Class A, Class B, or Class C Contractor unless also properly licensed to perform said work.
5. 
Class E: Sub-contractor. Entitles the contractor to perform work for any Class A, Class B, Class C contractor provided the work is completed under the supervision of the building permit holder. Said contractor shall not perform work of any Class D contractor unless licensed as a Class D contractor. A Class E contractor may obtain a building permit for any work that does not require a Class A, Class B, Class C or Class D contractor to obtain a permit, such as a fence permit, deck permit, sign permit, roof permit, swimming pool permit, on-site sewage disposal permit, or demolition permit.
C. 
License Qualifications. Any individual or entity providing residential and/or commercial construction services, mechanical, plumbing or electrical contract or subcontract work within the City limits, in addition to all other requirements of this Chapter, shall satisfy one of the following requirements to obtain a contractor's license:
1. 
Obtain or possess and maintain a certificate of competency from a nationally recognized testing institution or other recognized equivalency to the satisfaction of the Building Official, with a seventy percent (70%) passing score; or
2. 
Hold a bachelor's degree in a field related to their license class as listed above from an accredited college or university; or
3. 
Hold a valid contractor's license from Johnson County, Kansas or other municipality to the satisfaction of the Building Official where equivalency of licensing can be substantiated for the same category for which a license is requested from the City; or
4. 
Class D Electrical Contractors that hold a Missouri Division of Professional Registration license in accordance with 324.900 — 324.945 RSMo.
D. 
Renewal Of Licenses. A Contractor's License issued in accordance with Section 605.025(B) of this Chapter, shall expire on December 31st of the year. A contractor shall be entitled to renew such contractor's license upon satisfaction of the following requirements:
1. 
Submittal of documentation that the licensee had at least eight (8) continuing education credits (CEU) related to the trade for which the license was issued within the last twelve-month period. The Building Official is authorized to verify whether the submitted CEU's meet this requirement.
2. 
Any contractor whose license has been suspended for any Code-related violation must provide satisfactory evidence to the Building Official that the violation has been corrected in accordance with the applicable code.
3. 
A contractor whose primary office is not physically located in the City limits may declare a license as inactive at the time of license renewal by submitting a letter to the City Clerk indicating the desire to have the license placed on inactive status. If placed on inactive status by the City Clerk the contractor is not required to pay the license renewal fee until the time the contractor requests renewal of the license. No building permit or Certificate of Occupancy can be issued unless the contractor has a current license.
E. 
Firms/Designated Representative. A firm may obtain, in the firm's name, a contractor's license provided that such firm has at least one (1) full-time employee who is designated by the firm as its representative and such designated representative satisfies one of the requirements of Section 605.025(B) of this Chapter. A designated representative must spend a minimum of thirty (30) hours per week carrying out meaningful supervision of the construction work of the firm. Whenever a building permit is issued in the name of the firm, the firm shall be subject to these regulations.
F. 
Failure To Obtain A License. It shall be unlawful for any person to engage in the construction contractor business without first obtaining a license as required by this Chapter.
G. 
Appeal. Any decision of the Building Official or designated representative in the administration and enforcement of the Contractor's Licensing requirements contained in Section 605.025 of this Chapter may be appealed to the Board of Appeals in accordance with Chapter 540 of the City Code.
A. 
Certificate Requirements. Any Class A, B, or C contractors providing construction services within City limits, in addition to all other requirements of this Chapter, shall obtain a City Erosion and Sediment Control Certificate from the Engineering Department annually.
B. 
Renewal Of Certificate. An Erosion and Sediment Control Certificate issued in accordance with Section 605.026 of this Chapter shall expire on December 31st of the year as noted on the certificate. Renewal of the Certificate shall be a requirement to obtain or renew an occupational license.
C. 
Firms/Designated Representative. A firm may obtain, in the firm's name, an Erosion and Sediment Control Certificate provided that such firm has at least one full-time employee who is designated by the firm as its representative and such designated representative satisfies one of the requirements of Section 605.025(B) of this Chapter. A designated representative must spend a minimum of thirty (30) hours per week carrying out meaningful supervision of the construction work of the firm. Whenever a building permit is issued in the name of the firm, the firm shall be subject to these regulations.
D. 
Failure To Obtain An Erosion And Sediment Control Certificate. It shall be unlawful for any Class A, B, or C contractor to engage in construction activity without first obtaining a certificate as required by this Chapter.
E. 
Appeal. Any decision of the Public Works Director or designated representative in the administration and enforcement of the Erosion and Sediment Control Certification requirements contained in Section 605.026 of this Chapter may be appealed to the Board of Appeals in accordance with Chapter 540 of the City Code.
A. 
License Fee Levied — Exemptions. There is hereby levied on every business, trade, occupation, or service occupation enumerated in this Chapter a license fee upon the privilege of doing business within the limits of the City; provided that the license fee levied shall not be applicable to any profession or calling enumerated under Section 71.620, RSMo., or applicable successor statutes; and provided further that, the license fee levied shall not be applicable to any profession enumerated under Section 71.620.2, RSMo., or applicable successor statutes, unless such persons maintain a business office within the City.
B. 
Classification And Fees For Licenses. License fees for each classification of Merchant, Manufacturer and Business Occupation shall be approved by the Governing Body and listed in the Schedule of Fees and Charges maintained in the Finance Department.
C. 
When Paid. License fees under this Chapter shall be due and payable at the time of commencing operations or business within the City by any Merchant, Manufacturer, or Business Occupation and at renewal on or before the first day of January of each year.
A. 
Non-Compliance Or Violation A Misdemeanor. In addition to any other penalties prescribed under this Chapter or Chapter 500 of the City Code, related to construction activities, any failure to comply with or any violation of any provision of this Chapter shall upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section 100.220 of the City Code. Each day of such failure or non-compliance shall constitute a separate offense.
B. 
Suspension Or Revocation. Any failure to comply with or any violation of any provision of this Chapter may be cause for suspension or revocation of such license. The suspension or revocation as provided under this Section shall be in addition to any other penalties prescribed under this Chapter.
1. 
Suspension.
a. 
Any failure to comply with or any violation of any provision of this Chapter may be cause for suspension by the City Manager or their designee at the recommendation of the City Clerk;
b. 
In addition to the language contained in subsection (1)(a) above, a contractor's license may be suspended by the City Manager or their designee after receiving a report from the Building Official that the contractor:
(1) 
Made a serious or repeated violation of the contractor licensing provisions, any applicable Code, or the failure to comply within a reasonable time to any lawful written order of the Building Official; or
(2) 
Fraudulently or deceitfully utilized a contractor's license to obtain a building permit; or
(3) 
Knowingly or intentionally misrepresented a material fact made in connection with obtaining a contractor's license or a building permit; or
(4) 
Failed to obtain a building permit or failed to obtain a required inspection of an ongoing project as required by any applicable Code; or
(5) 
Failed to exercise regular, routine control and supervision over an ongoing project for which the contractor has obtained a building permit; or
(6) 
Failed to obtain a certificate of occupancy for a completed structure, prior to occupancy, as required by the applicable building code; or
(7) 
Failed to hire a licensed electrical, plumbing, or mechanical (HVAC) contractor to perform any electrical, plumbing or mechanical work on the job site for which the contractor obtained a building permit.
2. 
Revocation.
a. 
Any failure to comply with or any violation of any provision of this Chapter may be cause for revocation of such license by the City Council upon the recommendation of the City Manager for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license;
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on their business within the City;
(3) 
Any violation of this Chapter;
(4) 
Conviction of any felony crime; or
(5) 
Conducting business in an unlawful manner so as to constitute a breach of the peace or menace to health, safety or general welfare of the public.
b. 
Notice of the hearing for revocation of a license shall be given in writing setting forth specifically the grounds for complaint at the time and place of hearing. Notice shall be mailed to the licensee or applicant at least five (5) days prior to the date set for the hearing and any decision to be made by the City Council with respect to revocation. Notice shall indicate the date and time of the Council's hearing. All decisions of the City Council following the hearing shall be final.
C. 
Any person or entity found guilty of violating any provision of this Code shall be subject to the penalty provisions of Section 100.220 of the City Code in addition to the suspension or revocation.
D. 
Unlawful Continuation — Further Remedies Authorized. In the event any business, trade, occupation or service occupation which is required to obtain an annual license under this Chapter continues to operate after having received written notice of failure to obtain such license or in the event any business, trade, occupation or service occupation continues to operate following revocation or suspension of such license pursuant to Subsection 605.040(B) of this Chapter, the City Manager, the City Clerk or any other official authorized to enforce City license ordinances may seek injunctive relief from the Circuit Court or order of the Municipal Court to restrain, correct, abate or prevent such continued operation. In the event of the issuance of an injunction or order by a court of competent jurisdiction, the costs of such enforcement proceedings may be charged against the offending party. The remedies provided for by this Subsection (D) shall be in addition to all other costs and penalties prescribed under this Chapter.
As used in this Article, the following terms and phrases have the following meaning:
AREA OF BUILDING
The total floor area of a building measured by square feet.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CONTRACTOR
A person that is licensed to build a building.
BUILDING PERMIT
The permit required for new construction and additions pursuant to Chapter 500 of the City Code, as amended.
DEVELOPER
A person who engages in development.
DEVELOPMENT
Any man-made change to improved or unimproved land.
DWELLING UNIT
One (1) or more rooms constituting all or part of a building and that are arranged, designed, or used exclusively as a single housing unit and that includes cooking, living, sanitation, and sleeping facilities.
ECONOMIC DEVELOPMENT INCENTIVE
Any program, approval or legislative action of the City or the state which authorizes the use of public funds, tax credits or tax abatement to facilitate development or redevelopment of property in the City.
LICENSE TAX SURCHARGE
The tax surcharge imposed upon a building contractor pursuant to this Article.
LICENSE TAX SURCHARGE ADMINISTRATOR
The City Clerk.
NON-RESIDENTIAL
Created or used for any purpose other than residential uses or purposes.
P.M. PEAK HOUR
The hour between 4:00 and 6:00 P.M. during the weekdays, Monday through and including Friday, at which the average traffic volume is highest.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
PUBLIC BODY
Agencies of the Federal or State government, or political subdivisions of the State.
RESIDENTIAL
Primarily created or used for a dwelling for one (1) or more persons.
SCHOOL DISTRICT
A public school district of the State of Missouri.
STRUCTURE
Any piece of work artificially built up or composed of parts joined together in some definite manner for either residential or non-residential purposes.
VEHICLE TRIP
A single or one-direction vehicle movement with either the origin or the destination (exiting or entering) at the subject building. For trip generation purposes, the total trip ends for a building over a given period of time are the total of all trips entering plus all the trips exiting a site during a designated time period.
A. 
This Article shall be applicable to development requiring a residential building permit and resulting in additional vehicle trips. This Article shall be applicable to development requiring a non-residential building permit and resulting in additional vehicle trips on properties that receive, or on properties that are a direct beneficiary of, any economic development incentive. This Article shall not apply to any non-residential development that relocates from an existing store or facility within the City into areas that receive, or that are the direct beneficiary of, economic development incentives. All development located on properties that are within the boundaries of an area or district in which an economic development incentive is approved is deemed to be a direct beneficiary of the economic development incentive. As used in this Subsection, "relocates" means that an existing store or facility ceases operations and closes for business at the prior location in the City within one (1) year before or one (1) year after the new store or facility opens in the area where the economic development incentive is provided. Additional vehicle trips shall be calculated during the afternoon time period (P.M. peak hour) when traffic volume on adjacent streets is highest. As used in this Section, additional vehicle trips shall mean vehicle trips that add to the total traffic volume on the street network as a result of the new development. This Article shall apply to any building permit submitted subsequent to March 1, 2012.
B. 
Credits. Any credit granted under this Article shall reduce the total license tax surcharge owed by a building contractor.
1. 
Upon submission of a proper application, the following persons shall be granted a full credit in the amount of the license tax surcharge imposed pursuant to this Article by the License Tax Surcharge Administrator.
a. 
Development requiring a building permit and resulting in additional vehicle trips constructed by, or by a building contractor on behalf of, a public body for its governmental use;
b. 
Development requiring a building permit and resulting in additional vehicle trips constructed by, or by a building contractor on behalf of, a school district of the State.
c. 
Rebuilding of an involuntarily damaged or destroyed building, provided that such rebuilding does not result in additional vehicle trips.
d. 
Development requiring a building permit and resulting in additional vehicle trips constructed by, or by a building contractor on behalf of, a person that has entered into a development agreement with the City, executed and dated prior to the enactment of this Article, wherein the development agreement contains:
(1) 
A specific clause that provides that the person shall not be required to make financial contributions for improvements to the City's street network other than as specifically provided for in the development agreement; and
(2) 
A commitment by the person entering into a development agreement with the City to construct or reconstruct, or provide a financial contribution for, street improvements in the City, and which financial contributions and/or street improvements enhance the City's street network.
e. 
Development requiring a building permit and resulting in additional vehicle trips that is constructed by, or by a building contractor on behalf of, a person that is not subject to any Federal, State or local taxes, including Federal, State and local sales, income, personal property, real property, use, earnings, excise or license taxes. The burden of proof shall be on the building contractor claiming this credit to demonstrate to the License Tax Surcharge Administrator, by clear and convincing evidence, that the development being constructed by, or by a building contractor on behalf of, a person claiming such credit is exempt from all Federal, State and local taxes as described in this Subsection.
f. 
A building contractor that requests a building permit for which a final plat was approved by the appropriate approving authority on or before April 1, 2000, and for which a complete building permit application, as determined by the building official, is submitted on or before September 30, 2001.
2. 
Upon submission of a proper application, the following persons shall be granted a partial credit from the license tax surcharge imposed pursuant to this Article by the License Tax Surcharge Administrator:
a. 
A building contractor that requests a building permit that is required for utilization of currently underutilized facilities within an existing building. As used in this Subsection, underutilized means not fully occupied or being used to full capacity. The credit shall be granted only for the number of trips that were generated by the previously underutilized facility during the P.M. peak time period;
b. 
A building contractor that requests a building permit that is required for a change of existing uses within an existing building, except that a change of use from a residential use to a non-residential use shall not be granted a credit. The credit shall be granted only for the number of trips that were generated by the building during the P.M. peak time period prior to the change in use;
c. 
A building contractor that requests a building permit that results in the redevelopment of property, provided that a complete application for a building permit to construct a building to replace the existing building is filed within six (6) months following demolition of the existing building, or within a longer period of time as approved by the License Tax Surcharge Administrator or the City Manager. As used in this Subsection, redevelopment means the demolition of one (1) or more buildings and the subsequent construction of one (1) or more new buildings on the property. The credit shall be granted only for the number of trips that were generated by the previous building during the P.M. peak time period.
C. 
In the event that the building is transferred to a person that would not be eligible for a credit, within a period of one (1) year from the date of the issuance of the building permit, the transferee shall be required to pay the license tax surcharge imposed by this Article.
A. 
Upon submission of a building permit application, the License Tax Surcharge Administrator shall:
1. 
Determine the applicability of this Article to the development for which a building permit is submitted;
2. 
If this Article is not applicable, the License Tax Surcharge Administrator shall notify the applicant in writing of its inapplicability, and the City shall process the building permit application in accordance with all applicable City ordinances and regulations;
3. 
If this Article is applicable, the License Tax Surcharge Administrator shall calculate and assess the license tax surcharge in accordance with this Article. The applicable license tax surcharge shall be calculated pursuant to Section 605.090 of this Article. Assessment shall be completed within fifteen (15) days of submission of a building permit application, unless the applicant is notified otherwise in writing by the License Tax Surcharge Administrator.
B. 
The license tax surcharge, subject to Section 605.080(E) of this Article, shall be paid to the License Tax Surcharge Administrator prior to issuance of a building permit by the building official; provided that the License Tax Surcharge Administrator shall allow the applicant to delay the payment of the license tax surcharge for non-residential uses until prior to the issuance of any certificate of occupancy, if the applicant submits a written request to do so to the License Tax Surcharge Administrator. In such instance, but subject to Section 605.080(E) of this Article, no certificate of occupancy shall be issued by the building official until the license tax surcharge has been paid.
C. 
The imposition of the license tax surcharge pursuant to this Article does not alter, negate, supersede or otherwise affect any of the requirements of the City, including the City zoning ordinance and subdivision regulations and County, State and Federal legislation or regulations that may be applicable to a development that may impose street network improvements.
D. 
The funds collected pursuant to this Article shall be deposited in the Excise Tax Fund of the City and separately accounted for and used for the purposes outlined in ordinance 20004.
E. 
The Building Official shall have the authority, upon written request of the applicant, to delay collection of the license tax surcharge for those structures that are shell buildings that are constructed for the purpose of speculative office or similar development, until tenant finish building permits are issued for tenant occupancy.
F. 
It shall be unlawful to occupy a building subject to the provisions of this Article unless the license tax surcharge for that building has been paid.
A. 
The City shall calculate the license tax surcharge as follows:
1. 
The City Council shall by resolution establish the license tax surcharge imposed upon a building contractor that shall be calculated by multiplying the "trip generation rate" by the "license tax surcharge rate".
2. 
Trip Generation Rate. The trip generation rate is a measurement of the number of trips to and from a building for which a building permit application is submitted.
a. 
The License Tax Surcharge Administrator shall determine the trip generation rate for residential property by multiplying the number of dwelling units by the trip generation rate specified for the specific type of land use category.
b. 
The License Tax Surcharge Administrator shall determine the trip generation rate for non-residential property by dividing the total floor area of the building, measured in square feet, by one thousand (1,000), and then multiplying that number by the trip generation rate specified for the specific type of land use category.
3. 
License Tax Surcharge Rate. The license tax surcharge rate is a measurement of the rate of tax surcharge to be paid by building contractors according to land use classifications.
A. 
The License Tax Surcharge Administrator shall perform all duties imposed by this Article unless otherwise provided.
B. 
The City Manager shall have the authority to create administrative guidelines that are necessary to effectuate and carry out the intent and purposes of this Article. No administrative guidelines shall take effect until adopted by resolution by the City Council.
A. 
Appeal To The City Manager.
1. 
A building contractor or developer ("appellant") may appeal the assessment of a license tax surcharge to the City Manager by filing a Notice of Appeal with the City Manager within thirty (30) days following the assessment of the license tax surcharge by the License Tax Surcharge Administrator. If an appellant fails to appeal the assessment of the license tax surcharge within thirty (30) days as set forth in this Section, the assessment of the license tax surcharge shall be final and no appeal shall be heard. If the appellant pays the license tax surcharge without protest, the appellant waives the right to appeal the assessment of the license tax surcharge.
2. 
If the license tax surcharge is due and payable under the terms of Section 605.080, and an appellant desires to process a building permit application or any certificate of occupancy during the appeal process, the building contractor is required to pay the license tax surcharge under protest. If the license tax surcharge is paid under protest by the building contractor, an appeal from a final decision of the License Tax Surcharge Administrator shall not delay the processing of the building permit and shall not delay any other permit, license or approval issued by the City.
3. 
An appellant may appeal to the City Manager the following decisions:
a. 
The land use classification of the development;
b. 
The number of trips generated by the proposed development;
c. 
Any credit determination pursuant to Section 605.070(B) of this Article.
4. 
Within ten (10) days of receipt of the Notice of Appeal, or by such date as shall be agreed upon in writing between the appellant and the City, the appellant shall submit to the City Manager copies of all studies, calculations and other documentation appropriate to the determination of the license tax surcharge. If a specified basis for the appeal is to challenge the License Tax Surcharge Administrator's determination of the number of trips generated by the proposed development, the appellant may be required to submit to the City Manager a traffic study prepared by a certified traffic engineer or traffic engineering firm, paid for by the appellant, which sets forth the appellant's proposed trip generation calculations for the development. If the basis for the appeal is a credit determination pursuant to Section 605.070(B) of this Article, the appellant must submit to the City Manager proof that it is eligible for a credit and the extent of the credit.
5. 
The Notice of Appeal filed with the City Manager shall specify the grounds for the review. The City Manager shall consider the appeal. The appellant maintains the burden of proof to demonstrate by clear and convincing evidence that:
a. 
The land use classification of the development is incorrect;
b. 
The number of trips generated by the development, as calculated by the License Tax Surcharge Administrator, does not reflect the actual number of trips created by the development; or
c. 
The credit determination under Section 605.070(B) of this Article is incorrect.
6. 
Within thirty (30) days after filing of the Notice of Appeal, the City Manager shall render a final decision in writing to the appellant regarding assessment, calculation and collection of the license tax surcharge.
B. 
Appeal To The City Council.
1. 
An appeal under this Subsection may be heard only if the appellant has received a final decision from the City Manager pursuant to Section 605.110(A)(6) of this Article.
2. 
If the license tax surcharge is due and payable under the terms of Section 605.080 of this Article, and an appellant desires to process a building permit application or any certificate of occupancy after appeal is taken from the final decision of the City Manager, the building contractor is required to pay the license tax surcharge under protest. If the license tax surcharge is paid under protest by the building contractor, an appeal from a final decision of the City Manager shall not delay processing the building permit and shall not delay any other permit, license or approval issued by the City.
3. 
An appellant may appeal the final decision of the City Manager by filing a Notice of Appeal with the City Clerk within fifteen (15) days following issuance of the final written decision of the City Manager as specified in Section 605.110(A)(6) of this Article. If an appellant fails to appeal the final decision of the City Manager within fifteen (15) days as set forth in this Section, the assessment of the license tax surcharge shall be final and no appeal shall be heard.
4. 
An appellant may appeal the following decisions of the City Manager to the City Council:
a. 
The land use classification of the development;
b. 
The number of trips generated by the proposed development; or
c. 
Any credit determination pursuant to Section 605.070(B) of this Article.
5. 
Within thirty (30) days of receipt of the Notice of Appeal, or by such date as shall be agreed upon in writing between the appellant and the City, the appellant shall submit to the City Council copies of all studies, calculations and other documentation appropriate to the determination of the license tax surcharge. If a specified basis for the appeal is to challenge the City Manager's determination of the number of trips generated by the proposed development, the appellant may be required to submit to the City Council a traffic study prepared by a certified traffic engineer or traffic engineering firm, paid for by the appellant, which sets forth the appellant's proposed trip generation calculations for the development. If the basis for the appeal is a credit determination pursuant to Section 605.070(B) of this Article, the appellant must submit to the City Council proof that it is eligible for a credit and the extent of the credit.
6. 
The Notice of Appeal shall specify the grounds for the appeal, and no argument shall be heard by the City Council that is not set forth in the Notice of Appeal. The Notice of Appeal shall be forwarded to the City Council along with a recommendation from City staff and the City Council shall conduct a hearing. The appellant shall receive notice of the hearing at least fifteen (15) days prior to the hearing. The burden of proof shall be on the appellant to demonstrate by clear and convincing evidence that:
a. 
The land use classification of the development is incorrect; or
b. 
The number of trips generated by the development, as calculated by the License Tax Surcharge Administrator, does not reflect the actual number of trips created by the development; or
c. 
The credit determination under Section 605.070(B) of this Article is incorrect.
7. 
Within thirty (30) days after the City Council's final decision, the party that submitted the Notice of Appeal shall receive written notice of the decision.
C. 
Calculation Of Days. The number of days specified in Section 605.110 of this Article shall include weekend days and holidays. The last day of the period shall be included in the computation, unless it is a Saturday, Sunday, or legal holiday, and if it is, the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. A half-holiday shall be considered as other days and not as a holiday. "Legal holiday" includes any day designated as a holiday by the Congress of the United States, Missouri General Assembly or the City Council.
A. 
Annually, the City Manager shall prepare a report on the subject of the license tax surcharge, which report shall include:
1. 
Recommendations on amendments, if appropriate, to this Article;
2. 
Any increase in the license tax surcharge rates, which shall become effective on November first of that year;
3. 
Proposed changes to the license tax surcharge calculation methodology, including the trip generation estimates and the land use categories, if appropriate;
4. 
Analysis of costs and revenues resulting from the license tax surcharge imposed pursuant to this Article;
5. 
The status of the implementation and administration of this Article;
6. 
A summary of the appeals taken from the imposition of the license tax surcharge imposed pursuant to this Article.
B. 
License Tax Review Committee.
1. 
The report shall be presented to the License Tax Review Committee. The Mayor shall appoint, upon the advice and consent of a majority of the City Council, the members of the License Tax Review Committee for two (2) year terms. The License Tax Review Committee shall be composed of five (5) members, including a member of the City Council, two (2) citizens of the City, a local developer and one (1) City staff appointment. The Chair of the License Tax Review Committee shall be the member of the City Council.
2. 
The License Tax Review Committee's primary purpose shall be to review and comment on the annual report prepared by the City Manager. The Committee's comments shall be forwarded to the City Council.
C. 
Based on the annual report, the comments of the License Tax Review Committee, and other factors as the Council deems relevant and appropriate, the Council may amend this Article.
D. 
The annual review shall be completed by the fourth Monday of July of each year.