[Ord. No. 202508, 4-14-2025]
CLIENT
Means an individual who is being provided overnight accommodation by the homeless shelter.
FAMILY UNIT
Means two (2) or more people related by blood, marriage, adoption, or foster care.
FLOOR AREA
Means the total area in square feet available for shelter guests. The term "floor area" does not include staff offices, areas dedicated to facility management, waiting areas, or food preparation areas, but does include sleeping areas, bathrooms and bathing facilities, and dining areas.
[Ord. No. 202508, 4-14-2025]
A. 
No person, firm, partnership, association, corporation, or other business entity shall operate a homeless shelter, as defined in this Chapter, without first having obtained a license to do so from the City Clerk in accordance with the provisions of this Chapter.
B. 
The fee for the license is twenty-five dollars ($25.00) per year.
C. 
In order to obtain a license to operate a homeless shelter, the applicant shall file an application with the City Clerk which contains the following:
1. 
The full and correct name of the applicant, their business address, and current residential address. If the applicant is a business entity, the full and complete legal name of the entity, a full and complete list of all partners, members, managers, officers, directors, and/or board members, as is applicable.
2. 
A detailed drawing of the facility showing the layout and at a minimum, detailing the use of each space in the facility and the square footage allotted for floor area.
3. 
If the applicant employs more than five (5) people, a copy of its workmen's compensation certificate of insurance.
4. 
An oath before a notary public by the applicant, affirming that they have read and understand the applicable ordinances, and verifying the truth of the statements made in the application.
D. 
The application shall be approved or denied by the City Council, in its absolute discretion and the license issued by the City Clerk in accordance with this Chapter, and the license shall be conspicuously displayed in the place of business of the licensee.
E. 
In considering the application, the City Council may, among other things, consider the following in its decision to approve the license:
1. 
An applicant's character and mental capacity to conduct the business, their personal associations, record of arrest and reputation in any community in which they have resided and whether or not they appear likely to operate the business in conformity with Federal, State, and local laws;
2. 
If the applicant previously operated a similar facility, whether or not the applicant violated any law, regulation or ordinance related to the operation of the facility and the circumstances of any violation;
3. 
If the applicant previously operated a facility, the manner in which they operated such facility as to reduce or increase the necessity for police observation or intervention;
4. 
Whether or not the applicant has had a previous license of any kind revoked;
5. 
Whether or not the proposed facility has additional space that would likely be used to exceed that standards set forth herein; and
6. 
Other factors that may affect the general public heath and welfare, including, without limitation, the number of existing facilities in the area, the type of facility applied for, the effect the facility would have on schools, churches and public facilities in the area, the effect the facility would have on existing land uses in the area, the character of the area and its sustainability for the particular use sought, and the congestion of roads and streets in the vicinity of the facility.
F. 
Notwithstanding the foregoing, the City Council may not issue a license under this Section if the facility is also licensed as a "lodging establishment" as defined by Section 635.020 et seq. RSMo.
G. 
No facility shall operate as a homeless shelter under this Section and as a "lodging establishment" concurrently. If a homeless shelter licensed under this Section becomes licensed as a "lodging establishment" by the State of Missouri, then its license to operate as a homeless shelter under this Section shall be immediately revoked with no further action. No facility, or address, that was previously a "lodging establishment" or otherwise operated as a hotel or motel, may be operated as a homeless shelter without the express approval of the City Council, after review and approval by the Planning and Zoning Commission.
H. 
The license issued pursuant to this Chapter shall be renewed each year by the licensee filing an updated application to be received by the City clerk prior to December 31 of each year for the following year.
I. 
In addition to any other remedies available to the City, the license may be revoked by the Board of Aldermen for any violation of the Code of Ordinances of the City of Bonne Terre, Missouri; any violation of State or Federal laws or regulations; any violation of Health Department directives; or for any other reason deemed necessary by the City Council to protect the general health and welfare.
J. 
The granting of a license under this Section shall be deemed a privilege only and nothing herein shall be construed as granting any person or entity a legal right to be granted a license.
K. 
If an application is denied by the City Council, then the application may not reapply for a license for twenty-four (24) months from the date of the decision. This shall apply to any other party applying at the same address.
[Ord. No. 202508, 4-14-2025]
A. 
Beds. No homeless shelter shall have more than twelve (12) residents. Each resident shall be provided with his or her own bed. The total number of beds provided within the facility shall not exceed one (1) bed per one hundred twenty-five (125) square feet of floor area.
B. 
Limitations. Homeless shelters may only provide overnight accommodation for a number of clients equal to or less than the number of beds.
C. 
Staffing. There shall be a minimum of one (1) person present for each sleeping area that accommodates guests present in the homeless shelter at all times while clients are present.
D. 
Length Of Stay. The length of stay of an individual client shall not exceed ninety (90) consecutive days or one hundred twenty (120) cumulative days in any twelve (12) month period. The homeless shelter shall maintain a record of residents and dates that they have stayed, and provide such record to the City upon request.
E. 
Insurance. Homeless shelters must provide a minimum of ten million dollars ($10,000,000.00) of liability coverage insurance.
F. 
Bathroom Facilities. At least one (1) toilet, one (1) sink, and one (1) shower shall be provided for every five (5) beds, or a fraction thereof.
G. 
Segregation. Biological males and biological females shall have separate sleeping and bathroom facilities. Notwithstanding this, family units consisting of a mix of biological males and females may utilize the same sleeping area.
H. 
Meals. Only clients and staff may be served meals.
I. 
Location Restrictions. No homeless shelter may be located within one thousand (1,000) feet, as measured from the closest point of each property line, of a:
1. 
Primary school, elementary school, middle school, or high school;
2. 
Licensed childcare facility;
3. 
Woman's shelter, or other crisis or overnight shelter; or
4. 
Substance abuse treatment facility.
J. 
Smoking. Smoking is not permitted indoors. A separate outdoor smoking area that serves no more than two (2) people at a time may be utilized but must comply with the restrictions for outdoor facilities herein and must be separate and distinct from other outdoor facilities for the congregation of people.
K. 
Outdoor Facilities. No loitering outdoors shall be allowed. All outdoor facilities for the congregation of people shall be shielded from view by an eight foot privacy fence such that the area of congregation is not visible from any street or parking space.
L. 
Onsite Intake And Waiting Area. A minimum of five percent (5%) of the total facility square footage shall be used for client waiting and intake. Prospective clients shall not wait outdoors.
M. 
Compliance With Other Laws. Homeless shelters shall comply with all ordinances and zoning regulations of the City of Bonne Terre, all laws and regulations of the State of Missouri, all Federal laws and regulations, and the laws and regulations of any other applicable jurisdiction.
N. 
Registered Sex Offenders.
1. 
No person who has been, or is required to register as a sex offender in Missouri, another state, territory, the District of Columbia, or a foreign country, or has been, or is required to register as a sex offender under tribal, Federal, or military law shall be provided shelter or lodging at a homeless shelter. Prior to providing shelter or lodging, the homeless shelter shall verify a person's status using the United States Department of Justice National Sex Offender Public Website.
2. 
No person may be employed by, or act as a volunteer at a homeless shelter, who is required to register as a sex offender in Missouri, another state, territory, the District of Columbia, or a foreign country, or has been, or is required to register as a sex offender under tribal, Federal, or military law.
O. 
Productivity Requirements. Homeless shelters shall ensure that clients are productively engaged for a minimum of thirty (30) hours per week. For the purposes of this paragraph, a client is "productively engaged" if they are working, volunteering, attending health, mental health, or substance abuse treatment, attending any type of education program, studying, or traveling to any of the foregoing activities. Shelters shall maintain a log for each client to verify such engagement which shall be inspectable on demand.
[Ord. No. 202508, 4-14-2025]
A. 
The City Council reserves the right to refuse to issue a license for operation of a homeless shelter when in its judgment the location for which the license is sought is not in the best interest of the community, taking into consideration the proximity of homes, schools, churches, playgrounds or other activities and conditions or circumstances or when in the judgment of the City Council the person seeking the license is not fit to operate such an establishment.
B. 
If, in the judgment of the City Council, any person previously operating a homeless shelter has not conducted an orderly establishment, the City Council may refuse to renew the license upon its expiration.
C. 
The City Council may conditionally renew a license upon the satisfaction of certain requirements as established by the Council.
D. 
A business license may be revoked by the City Council for the following causes:
1. 
The operation of the business is interrupted during the term of the license.
2. 
The operation is not kept orderly.
3. 
The operator has violated any of the provisions of this Chapter.
4. 
The application for licensing was made by false affidavit.
5. 
No license may be revoked until notice is given in writing and a hearing held before the City Council. The hearing shall be held no less than ten (10) nor more than thirty (30) days from the service of the notice.
a. 
Hearing Officer. Hearings may be had before the City Council or before a Hearing Officer appointed by the Council who shall be an attorney licensed to practice law in the State of Missouri. If held before a hearing officer, he/she shall report to the Council findings of fact, conclusions of law and recommendations. The Council may accept, modify or refuse to accept the report of the hearing officer or any portion thereof.
b. 
Witnesses; How Summoned. Subpoenas may be issued by the Council for any person whose testimony is desired at any hearing. Such subpoenas may be served and returns thereon made by any agent and in the same manner as provided by law for the service of subpoenas in civil suits in the Circuit Courts of this State. The Council also may issue subpoenas duces tecum requiring the production of documents or other items pertaining to the subject of the inquiry.
c. 
Witnesses To Be Sworn. Before any witness shall testify in any such hearing, he/she shall be sworn by the City Clerk to tell the truth and nothing but the truth.
d. 
Decision Of Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to provisions of this Chapter, the Council shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
[Ord. No. 202508, 4-14-2025]
In addition to other remedies available to the City, violation of this Chapter shall be punishable as provided by this Title of the Code and any other applicable municipal ordinance and/or variolation provided by the Code.