[CC 1990 § 17-1; Ord. No. 433 § 1, 4-2-1990]
[CC 1990 § 17-2; Ord. No. 433 § 2, 4-2-1990; Ord. No. 1078 § 4, 9-5-1995; Ord. No. 1103 § 1, 11-6-1995]
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:
License fees and taxes levied on or required by any merchant,
business or occupation.
Unless otherwise provided, shall mean the year beginning
July first or, in the case of businesses newly established, at the
beginning of doing business and ending on the following June 30.
Any person engaged in the production of some article, thing
or object by skill or labor out of raw materials or from matter that
has already been subject to artificial forces or to which something
has been added to change its natural condition.
Any person engaged in any business or occupation not specifically
classified as manufacturing or retail merchant.
Any natural individual, partnership, firm, corporation or
association. As applied to partnerships, firms or associations, the
term includes the individual partners or members thereof and the singular
includes the plural.
Any person engaged in any business or occupation which is
not specifically defined as manufacturer, retail or warehouse.
[CC 1990 § 17-3; Ord. No. 433 § 3, 4-2-1990; Ord. No. 701 § 1, 9-21-1992]
A.
The City shall initially establish and identify each business within
the categories as proposed above. Any business which objects to the
category upon which it is originally placed or the square footage
determination shall have the opportunity to file a written appeal
to the Department of Finance of the City for designation to a category
other than the category to which they are originally assigned or to
change the square footage. Said appeal must be filed with the Director
of Finance within sixty (60) days after the business is assigned its
original category or after the square footage determination is made,
for an appeal to be taken.
B.
For the purpose of business categorization, nursing homes, senior
citizen complexes and/or apartment complexes are to be categorized
solely on the square footage of the office area of said complexes.
This change shall take effect as of the issuance of business licenses
in 1993.
A.
No person following for a livelihood the profession or calling of
minister of the gospel, duly accredited Christian Science practitioner,
teacher, professor in a college, priest, lawyer, certified public
accountant, dentist, chiropractor, optometrist, chiropodist, or physician
or surgeon in this City shall be taxed or made liable to pay any municipal
or other corporation tax or license fee of any description whatever
for the privilege of following or carrying on such profession or calling,
and after December 31, 2003, no investment funds service corporation
as defined in Section 143.451, RSMo., may be required to pay any such
license fee in excess of twenty-five thousand dollars ($25,000.00)
annually, any law, ordinance or Charter to the contrary notwithstanding.
B.
No person following for a livelihood the profession of insurance
agent or broker, veterinarian, architect, professional engineer, land
surveyor, auctioneer, or real estate broker or salesman in this City
shall be taxed or made liable to pay any municipal or other corporation
tax or license fee for the privilege of following or carrying on his/her
profession unless that person maintains a business office within the
City of Chesterfield.
[CC 1990 § 17-4; Ord. No. 433 § 4, 4-2-1990]
A.
No person shall engage in any of the businesses, trades or avocations
described in this Article within the City without first having obtained
a license therefor from the Director of Finance and paying to the
Director of Finance the designated fee or tax. The license shall be
for the annual license year.
B.
Each applicant for a business license under this Chapter shall submit
a statement from the Missouri Department of Revenue pursuant to Section
144.083.4, RSMo., stating no tax is due, which statement is a prerequisite
to the issuance or renewal of a City business license. The statement
required by this Section shall be dated within ninety (90) days of
submission of the business license application or renewal application.
[CC 1990 § 17-5; Ord. No. 433 § 5, 4-2-1990; Ord. No. 1078 § 4, 9-5-1995; Ord. No. 1103 § 1, 11-6-1995]
A.
The following fee schedule shall apply to all merchants, businesses
and occupations, manufactures and warehouses:
1.
Retail Merchants. The annual license fee per location for businesses defined as retail merchants in Section 605.020 above shall be twenty-five dollars ($25.00) for businesses occupying zero to three hundred twelve and one-half (0 to 312.5) square feet and an additional eight cents ($0.08) per square foot for businesses occupying buildings in addition to three hundred twelve and one-half (312.5) square feet, except that no license fee shall exceed ten thousand dollars ($10,000.00).
2.
Services/Offices. The annual license fee per location for businesses defined as services or offices in Section 605.020 above shall be twenty-five dollars ($25.00) for businesses occupying zero to six hundred twenty-five (0 to 625) square feet and an additional four cents ($0.04) per square foot for businesses occupying buildings in addition to six hundred twenty-five (625) square feet, except that no license fee shall exceed ten thousand dollars ($10,000.00).
3.
Manufacturers/Warehouses. The annual license fee per location for businesses defined as manufacturer or warehouses in Section 605.020 above shall be twenty-five dollars ($25.00) for businesses occupying zero to one thousand two hundred fifty (0 to 1,250) square feet and an additional two cents ($0.02) per square foot for businesses occupying buildings in addition to one thousand two hundred fifty (1,250) square feet, except that no license fee shall exceed ten thousand dollars ($10,000.00).
4.
Outdoor Advertising Billboards. The tax for operating each outdoor advertising billboard within the City of Chesterfield shall be one hundred dollars ($100.00) or five percent (5%) of the annual gross revenue of the billboard, whichever is greater. The Director of Finance may prescribe all necessary regulations and application and reporting forms in conformity herewith to determine the annual gross revenue and the license tax for each license year, billboard licenses consistently with the provisions of Section 605.060 of this Chapter and may also prescribe appropriate means for the operator to display the license in substantial compliance with the requirements of Section 605.150 of this Chapter.
[CC 1990 § 17-6; Ord. No. 433 § 6, 4-2-1990]
A.
The applicant for a license for a new place of business or to engage
in a new occupation shall be required to pay the full annual license
fee if at the time of the application for a license less than three
(3) months of the current license year have expired.
B.
If three (3) months or more but less than six (6) months have expired,
the applicant shall be required to pay three-fourths (3/4) of the
annual license fee.
C.
If six (6) months or more but less than nine (9) months have expired,
the applicant shall be required to pay one-half (1/2) of the annual
license fee.
D.
If nine (9) months or more have expired, the applicant shall be required
to pay one-fourth (1/4) of the annual license fee.
E.
Provided, however, that no license fee shall be issued for less than
twenty-five dollars ($25.00).
[CC 1990 § 17-7; Ord. No. 433 § 7, 4-2-1990; Ord. No. 828 § 1, 9-7-1993]
A.
Applications. Application for a license shall be made in writing
on a form provided by the City and submitted to the Director of Finance.
An application shall be made to renew any license at its expiration.
All holders of licenses or permits shall be responsible for reporting
changes in initial application data immediately as the same occur.
The form of licenses shall be prescribed and furnished by the Director
of Finance.
B.
Issuance. All licenses shall be granted and signed by the Director
of Finance. Contracting businesses located in Chesterfield shall furnish
proof of a certificate of insurance for workers' compensation coverage
if said applicant for license is required to cover his/her liability
under Chapter 287, RSMo., as amended.
C.
Denial. The City may refuse to grant or renew any license for any
of the following reasons:
1.
Failure to have or to provide proof of workers' compensation coverage as required under Subsection (B) of this Section;
2.
Providing fraudulent information regarding workers' compensation
coverage on an application for business license;
3.
The business or activity sought to be licensed is deemed to
be one that would constitute a breach of the peace, a detriment, a
menace to the health, safety or welfare of the public or a disturbance
of the peace or comfort of the residents of the City if it were licensed;
4.
The business or activity sought to be licensed would be conducted
in violation of any law of the United States or of the State or ordinance
of the City;
5.
Any other basis for revocation as set out herein.
D.
Liability. Nothing in this Section shall be construed to create or
constitute a liability to or a cause of action against the City to
the issuance of any license pursuant to this Section.
[CC 1990 § 17-8; Ord. No. 433 § 8, 4-2-1990]
Upon receipt of an application for a license which requires
an investigation or an inspection by any department of the City or
other government unit and the approval thereof as to the character
or fitness of any applicant for a license, or as to the proper location
or condition of the premises in which the business for which a license
is applied is to be managed, conducted, operated or carried on, the
City Administrator shall transmit to each department or governmental
unit charged with the investigation and approval of any such application,
such information as may be necessary in order that the required investigation
or inspection may be made. Each department head so charged with such
investigation or inspection shall, upon receipt of such information,
cause an investigation or inspection to be made and shall, within
ten (10) days after the receipt of such information, either approve
or disapprove the issuance of such license and shall notify the Director
of Finance.
[CC 1990 § 17-9; Ord. No. 433 § 9, 4-2-1990]
The City, through the Director of Finance, working in conjunction
with the Department of Planning, is empowered to set and determine
the square footage for each business based upon an independent evaluation
and information contained in public records. In each case, the decision
of the Director of Finance shall be final as to the square footage.
[CC 1990 § 17-10; Ord. No. 433 § 10, 4-2-1990]
The square footage for each business license shall be based
upon the business' predominant use at their business location. All
licenses shall be calculated based upon a single use as opposed to
being a varied use and that use which has the largest percentage of
space shall be the overriding use which shall be used in determining
the rate to be set.
[CC 1990 § 17-11; Ord. No. 433 § 11, 4-2-1990; Ord. No. 1033 § 1, 6-19-1995]
No license shall be assignable or transferable, except that
in the case of the sale of a business during the annual license year,
the seller and purchaser may request of the City Administrator, in
writing, authority to transfer the license to the purchaser for the
remainder of the annual license year.
[CC 1990 § 17-12; Ord. No. 433 § 12, 4-2-1990]
A separate license shall be obtained for each stand, store or
place of business conducted, operated or maintained by every merchant,
business or occupation or manufacturer or warehouse for which a license
is required and the Director of Finance shall be notified of any change
of address within seven (7) days after such change.
[CC 1990 § 17-13; Ord. No. 433 § 13, 4-2-1990]
Whenever any applicant for a license is engaged in more than
one (1) occupation or 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 occupation or business, make application
and pay for the occupation or business license for only the major
or principal business or occupation of the applicant at such address,
but he/she shall report the square footage of each such occupation
or business separately as part of the total square footage of the
licensed business.
[CC 1990 § 17-14; Ord. No. 433 § 14, 4-2-1990]
If any person licensed to engage in a business or occupation
at a particular place desires, before the expiration of the license
period, to change the location of such place of business, he/she shall
forthwith notify the Director of Finance of such fact. No business
or occupation shall be engaged in under the authority of such license
at such new location until the notice of such change has been given
as herein provided and until such licensee has complied with all the
provisions of this Article relating to the engaging in of such business
or occupation at such new location, including the approval of the
head of the departments or governmental units which originally approved
the application for such license.
[CC 1990 § 17-15; Ord. No. 433 § 15, 4-2-1990]
Each license granted by the City shall be carefully preserved
and shall be displayed in a conspicuous place in the place of business
authorized to be conducted by such license.
[CC 1990 § 17-16; Ord. No. 433 § 16, 4-2-1990]
Any merchant, business or occupation or manufacturer which sells,
rents or leases any portion of its stand, store or place of business
or premises to another whose square footage will not be included in
the return of the lessor shall report the fact of such sale, rent
or leasing together with the name and address of the purchaser, renter
or lessee in writing to the Director of Finance. Such report shall
be made within five (5) days after such purchaser, renter or lessee
has taken possession and shall include a general description of all
the goods, commodities or ware dispensing devices installed in the
premises by such purchaser, renter or lessee.
[CC 1990 § 17-17; Ord. No. 433 § 17, 4-2-1990]
The Director of Finance shall have the right at all reasonable
times during regular business hours to examine the premises for the
purpose of determining the truthfulness and accuracy of any statements
made by the applicant in his/her application for license or in the
payment of his/her license tax.
[CC 1990 § 17-18; Ord. No. 433 § 18, 4-2-1990]
No license shall be issued for the conduct of any business,
nor shall any license be renewed, if the premises and building to
be used for such a purpose do not fully comply with the requirements
of the building, maintenance, fire and health codes. No such license
shall be issued for the conduct of a business or the performance of
an act which would constitute a violation of the Zoning Code.
[CC 1990 § 17-19; Ord. No. 433 § 19, 4-2-1990]
When, in the opinion of the City Council, it is in the best
interest of the public welfare and when the license sought is for
charitable purposes or for the City or a department of the City or
is sponsored by a charitable, religious or non-profit association
or group of persons, the license fee provided for may be waived. In
no case shall the filing of an application be waived.
[CC 1990 § 17-20; Ord. No. 433 § 20, 4-2-1990]
The Director of Finance shall cause to be kept a record of every
license issued, the amount of the fee paid, the purpose for which
such license was issued, the location where the licensed privilege
is to be exercised and the name of the licensee.
[CC 1990 § 17-21; Ord. No. 433 § 21, 4-2-1990]
A.
Any license may be revoked by the City Administrator at any time
for conditions or considerations which, had they existed at the time
of issuance, would have been valid grounds for its denial; for any
misrepresentation of a material fact in the application discovered
after issuance of the license; or for violation of any provision of
the business or enterprise for which the license has been issued.
Such revocation shall become effective upon notice to such licensee.
Such notice shall specify the reasons for suspension and may provide
the conditions under which reinstatement of the license may be obtained.
Upon compliance with such conditions within the time specified, such
license may be restored.
B.
No licenses shall be suspended or revoked, except as provided in Subsection (C) hereof, until notice has been given to the licensee as hereinafter provided, until a reasonable time, not to exceed seven (7) days, has elapsed to enable the licensee to comply with the provisions of this Article and applicable State Statutes and until the licensee has been given an opportunity to appear at a hearing as provided in this Section. Such suspension or revocation of a license may be in addition to any fine imposed by this Article. No licensee whose license has been revoked, as provided in this Section, shall be eligible for a new license during the period for which the revoked license was originally issued.
C.
Anything herein or hereafter notwithstanding, the City Administrator
may suspend, for a period not exceeding thirty (30) days, without
prior warning, notice or hearing, any license issued under this Article
during the term of such license for the failure of any licensee to
comply with any provision of this Article, a Statute of the State
or the license relating to the business, occupation or activity for
which such license was issued if, in the judgment of the City Administrator,
such failure constitutes a clear and present danger to the public
safety.
D.
A license holder whose license is suspended or revoked shall immediately
discontinue the business, occupation or activity for which the license
was issued. A separate offense shall be deemed committed each day
the license holder continues to do business after a license suspension
or revocation.
E.
A licensee whose license is suspended may, at any time, petition,
in writing, the City Administrator for a hearing or make a written
application to the City Administrator for reinspection for the purpose
of reinstatement of the license. Any such hearing shall be held as
soon as possible and shall be conducted at a time and place designated
by the Administrator. Based upon the record of such hearing, the Administrator,
as the case may be, shall make a finding and shall sustain, modify
or rescind any official notice or order considered in the hearing.
A written report of the hearing decision shall be furnished to the
licensee within seven (7) days after the hearing is concluded.
F.
The licensee may appeal any decision of the Administrator at such
a hearing to the Finance and Administration Committee of the Council
by giving written notice of a request for consideration by the Council
of the Administrator's decision. Such notice must be received by the
City Clerk within seven (7) working days from the receipt by the licensee
of the written decision of the hearing.
G.
When the Council or the Administrator is aware of conditions which
may justify the suspension or revocation of a license and schedules
a hearing in that regard, written notice of that hearing shall be
given to the licensee. Any such notice shall be deemed to have been
properly served when it has been delivered personally to the licensee
or when it has been sent by registered or certified mail, return receipt
requested, to the last known residence or business address of the
licensee.
[CC 1990 § 17-22; Ord. No. 433 § 22, 4-2-1990]
A.
Delay In Payment. All license fees provided for in this Article shall
be deemed delinquent if not paid by July 31 of each year and any person
so delinquent shall pay to the Director of Finance an additional ten
percent (10%) of the amount due for the first month of such delinquency
and one percent (1%) of the amount due for each month or part thereof
that such delinquency thereafter continues, in addition to any other
penalty described in this Article.
B.
False Statement Causing Reduction In Payment. Any person who makes
a false statement which causes a reduction in any license fee shall
be required to pay to the Director of Finance the additional amount
due, plus a penalty of twenty-five percent (25%) of such additional
amount, plus one percent (1%) interest per month or fraction thereof
on such additional amount from the date originally due, in addition
to any other penalties prescribed in this Article.
C.
Non-Compliance Or Violation. Any failure to comply with or any violation
of any provision of this Article shall be guilty, upon conviction
thereof, of an 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.
Revocation. Any failure to comply with or any violation of any provisions
of this Article by any licensee under this Article shall be cause
for revocation or suspension of such license by the City Council upon
recommendation of the City Administrator and such revocation or suspension
shall be in addition to any other penalties prescribed in this Article.
E.
Penalty. Whoever violates or fails to comply with any of the provisions
of this Article shall be fined not less than five dollars ($5.00)
nor more than five hundred dollars ($500.00). A separate offense shall
be deemed committed each day during or on which a violation or non-compliance
occurs or continues.
[CC 1990 § 17-23; Ord. No. 433 § 23, 4-2-1990; Ord. No. 468 §§ 1 — 2, 7-16-1990]
A.
The funds derived from the collection of business license fees shall
be general revenues of the City; however, they shall be expended only
as approved by a majority of City Council. Funds so derived are to
be directed for specific purposes such as, but not limited to:
1.
Funding the establishment and operation of a Chesterfield Economic
Development Council, should same be proposed in a form acceptable
to the City;
2.
Capital improvement projects and the planning and/or engineering
for such projects, which will enhance the development capability of
the City and/or help to attract residential or commercial development;
3.
Feasibility studies for bond issues, capital improvement projects,
tax increment or "353" redevelopment projects;
4.
Funding projects which will enhance the overall quality of life
within the City;
5.
Informational materials related to any of the above.
[CC 1990 § 17-24; Ord. No. 113 § 1, 6-6-1988]
The City shall collect a fee of twenty-five dollars ($25.00)
for itinerant merchants, peddlers, solicitors, temporary occupations
and businesses.
[1]
Cross Reference: As to applicants for certificate of registration for soliciting to pay fee, § 605.280(B).
[Ord. No. 3221, 1-17-2023]
A.
Any license or permit pursuant to Sections 600.085, 605.070, 605.470, 605.610, 605.770, 605.1270, 610.210, 605.1040, 210.680, or 375.040 that is denied by reason of the applicant or the premises to be licensed maintaining or being in violation of Chapter 215 or Chapter 405 of the City of Chesterfield Municipal Code may appeal such denial to the City Administrator as set forth below.
B.
Any
such appeal made pursuant to this Section must be made within ten
(10) days of the date of the decision to deny the license or permit
is received.
C.
The City Administrator shall serve as the appeal officer and hear the appeal of the denial of the license or permit referenced in Subsection (A) above. The appeal officer shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. The appeal officer shall prepare findings of fact, conclusions of law, and an order. The decision of the appeal officer may be appealed to the Board of Adjustment within ten (10) days of the appeal officer's decision is received.
