[Ord. No. 5528, 12-4-2023]
A. For
the purposes of this Section, the following terms shall have the following
meanings:
APPLICANT
An individual or a corporation, firm, partnership, joint
venture, association, organization or entity of any kind, including
any shareholder, owner, officer, partner, joint venturer or member
of such entity or any other person holding an ownership interest in
such entity requesting any City permit, license, franchise or other
approval.
RELATED PERSON OR ENTITY
1.
A firm, partnership, joint venture, association, organization
or entity of any kind in which the applicant holds any stock, title
or other ownership interest of at least ten percent (10%);
2.
A firm, partnership, joint venture, association, organization
or entity of any kind which holds any stock, title or other ownership
interest in the applicant of at least ten percent (10%);
3.
An individual, firm, partnership, joint venture, association,
organization or entity of any kind whose affairs the applicant has
the legal or practical ability to direct, either directly or indirectly,
whether by contractual agreement, majority ownership interest, any
lessor ownership interest, familial relationship or in any other manner;
or
4.
An individual or entity that is party to a contract with. the
applicant that pertains to a requested permit or approval.
RELEVANT LAW
1.
Any Statute or regulation of the United States or the State
of Missouri;
2.
Any ordinance or Municipal Code provision of the City or any
rule, regulation, notice, condition, term or order promulgated by
any officer or agency of the City under duly vested authority of the
City; or
3.
Any final judgment or order of any court of competent jurisdiction
when a Statute, ordinance, Municipal Code provision, rule, regulation,
notice, condition, term, order or judgment at issue regulates conduct
or conditions germane to the issuance of the requested permit, license,
franchise or other approval as provided by the applicable ordinance
or Municipal Code provision of the City.
B. In enforcing or administering the ordinances of the City, subject to the provisions of Subsection
(C), no permit, license, franchise or approval of any kind shall be granted to any applicant if:
1. The applicant or a related person or entity is charged with or in
violation of any relevant law until such time as the applicant or
the related person or entity resolves the pending charge or comes
into compliance with the relevant law; or
2. The applicant or a related person or entity has failed to pay any
tax, obligation or debt owed to the City.
C. In
acting on any new application or on any reapplication by an applicant
whose prior permit, license, franchise or other approval has been
denied, suspended, revoked, forfeited or has expired, or for which
the applicant is delinquent in obtaining any required inspection,
the reviewing or enforcement officer may consider the status of any
delinquency and any past violations of relevant law by the applicant
or a related person or entity in deciding whether to issue the permit,
license, franchise or approval requested by the applicant. Taking
into account the nature and character of the permit, license, franchise
or other requested approval in question and the need for the City
to rely on representations and/or future conduct by the applicant
when acting pursuant to the permit, license, franchise or other requested
approval by the City, the reviewing or enforcement officer may deny
the application or reapplication if there has been a delinquency or
past violation within the preceding twenty-four (24) months of such
character or magnitude as to reasonably call into question the fitness
of the applicant or the City's ability to rely on representations
and/or future conduct by the applicant or their intent to resolve
the delinquency.
D. If
a permit, license, franchise or other approval has been denied, suspended,
revoked, forfeited or has expired, the applicant may not submit a
new application for one (1) year from the date of the denial, suspension,
revocation, forfeiture or expiration unless the reviewing or enforcement
officer finds that substantial new facts or a change in circumstances
warrant reconsideration; provided, however, that if the ordinances
governing the particular permit, license, franchise or other approval
in question prescribe a different disqualification period, those ordinances
shall govern.
E. Any
aggrieved applicant may appeal the decision of the reviewing or enforcement
officer to the City Manager within five (5) business days of said
decision. The City Manager may reverse or modify the decision of the
reviewing or enforcement officer for good cause shown.