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City of St. Charles, MO
St. Charles County
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Table of Contents
Table of Contents
Code
New Laws (26) Index
[R.O. 2011 § 605.010; R.O. 2009 § 110.001; CC 1981 § 16-1; Ord. No. 80-37, 3-25-1980; Ord. No. 83-115, 12-21-1983; Ord. No. 19-198, 10-1-2019; Ord. No. 23-145, 12-5-2023]
A. 
As used in any ordinance/Code Section regulating business or requiring a license for the operation of a business, the following terms shall have the following meanings, except where the context clearly indicates that a different meaning is intended and except where an ordinance/Code Section concerning a particular business contains a specific provision to the contrary with the specific provision controlling:
APPLICANT
Any person who applies for a license as required by any ordinance/Code Section of the City of St. Charles.
CODE
Most recently published Code of the City of St. Charles as amended from time to time.
GROSS RECEIPTS
The aggregate amount of all sales and charges of the commodities described in the definition of "public utility" contained in this Section made by a public utility in the City during any period, less discounts, credits, refunds, sales taxes and uncollectible accounts actually charged off during the periods.
HOTEL, MOTEL OR TOURIST COURT
Any structure or building. under one (1) management, which contains rooms furnished for the accommodation or lodging of guests, with or without meals being so provided, and kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation to transient guests or permanent guests and having more than eight (8) bedrooms furnished for the accommodations of such guests.
ITINERANT MERCHANT
Any person, whether as owner, agent, consignee or employee, who engages in a temporary business for any period of time and who, for the purpose of conducting such business, occupies or uses any parcel of land, building, tent, room, apartment, shop, store, structure, or uses a vehicle parked on premises where said person does not have the exclusive right of possession under ownership, lease or rental agreement, or any other non-permanent location or other place within the City for the purpose of offering to purchase or sell such goods, wares. and merchandise, either privately, publicly or at public auction.
MERCHANT
A person, business or other legal entity doing business within the City of St. Charles, except for a 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.
PEDDLER/SOLICITOR
A person or group who conducts a business, profession, or occupation other than a business, profession or occupation specifically identified in this or other City ordinances and which business, profession or occupation is conducted by traveling to individual residential units in a door-to-door manner. The definition shall specifically include but not be limited to the selling of services, goods, wares and merchandise and the act of soliciting as defined herein. Operations selling their excess homegrown produce at their property shall not be considered peddlers/solicitors and shall not be required to be licensed.
PROMOTER/SPONSOR
Any person, persons, landowner, tenant or lessee engaged in or connected with the presentation of an outdoor musical festival.
PUBLIC UTILITY
Includes every pipeline corporation, gas corporation, electrical corporation, water corporation, heat or refrigerating corporation, and sewer corporation. as these terms are defined in the Code, and each thereof is hereby declared to be a public utility.
SOLICITING
A person engages in soliciting when:
1. 
Collecting or attempting to collect from any person, money, donations, property, services, merchandise or financial assistance of any kind, including for charitable purposes:
2. 
Obtaining or seeking to obtain, from any person, rides in a vehicle, business, or employment; or
3. 
Gifting, selling or offering to sell to any person any article, service, publication, advertisement, ticket or subscription of any kind for any purpose.
TAXICAB
Any motor vehicle performing a bona fide for hire taxicab service having a capacity of not more than five (5) passengers, exclusive of the driver, and not operated on a regular route or between fixed termini.
TOW TRUCK
A mechanically propelled vehicle equipped with a device used to hoist and tow, transport, convey or move other vehicles from place to place upon authorization of the owner, his/her lawful agent or representative.
B. 
The following occupations, trades, businesses, subjects, callings, vocations and professions shall be required to procure a license to do business in the City:
Bill poster/billboards;
Bed and breakfast establishments;
General merchants;
Hotels and motels;
Itinerant merchants and promoters;
Junk dealers, pawnbrokers and short-term loan establishments;
Manufacturing/corporations;
Massage technicians;
Precious metals and gems;
Retail merchants;
Vehicles for hire/transportation related.
C. 
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.
D. 
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 St. Charles.
E. 
A home-based business shall be subject to and defined as in Section 71.990, RSMo.
[R.O. 2011 § 605.020; R.O. 2009 § 110.002; CC 1981 § 16-2; Ord. No. 80-37, 3-25-1980; Ord. No. 83-115, 12-21-1983; Ord. No. 96-54, 2-21-1996]
No person shall engage in any occupation, trade, business, subject, calling, vocation or profession expressly named in Section 605.010 or impliedly encompassed within Section 605.010 by reason of engaging in a trade, business, subject, calling, vocation, profession or like occupation as those expressed in Section 605.010 without first obtaining from the Director of Finance a license upon the payment of a license fee as provided in this Title.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 605.030; R.O. 2009 § 110.003; CC 1981 § 16-12; Ord. No. 83-115, 12-21-1983; Ord. No. 16-170 § 1, 9-6-2016; Ord. No. 23-145, 12-5-2023]
It shall be unlawful for any person, either as principal or agent, to pursue, conduct, carry on or operate within the City any calling, trade, business, vocation, occupation or profession mentioned in Section 605.010 without paying the license fee fixed in Section 150.030 and obtaining the license as required and prescribed by this Chapter, subject to regulations hereinafter provided. A separate offense shall be deemed committed each day any person conducts business without a license.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 605.040; R.O. 2009 § 110.004; CC 1981 § 16-13; Ord. No. 83-115, 12-21-1983; Ord. No. 23-145, 12-5-2023]
No license provided for in this Chapter shall be issued until the amount prescribed as fee therefor shall have been paid to the Director of Finance as provided in Section 150.030.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 605.050; R.O. 2009 § 110.005; CC 1981 § 16-14; Ord. No. 83-115, 12-21-1983]
A. 
No license provided for or required under the provisions of this Code of Ordinances or any other ordinance of the City shall be issued by the City to any person until the personal tax and merchants ad valorem tax for the year next preceding the year for which such license is issued shall first have been paid.
B. 
It shall be the duty of the Director of Finance to establish and promulgate rules and regulations relative to an orderly method of checking unpaid City personal taxes and merchants' ad valorem taxes in order to determine the amounts thereof due and owing to the City by such applicant.
C. 
In addition to the provisions of Section 144.083(2), RSMo., beginning January 1, 2009, the possession of a statement from the Department of Revenue stating no tax is due under Sections 143.191 to 143.265, RSMo., or Sections 144.010 to 144.510, RSMo., shall also be a prerequisite to the issuance or renewal of any City or county occupation license or any State license required for conducting any business where goods are sold at retail. The statement of no tax due shall be dated no longer than ninety (90) days before the date of submission for application or renewal of the City or county license.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 605.060; R.O. 2009 § 110.006; CC 1981 § 16-15; Ord. No. 78-24, 4-5-1978; Ord. No. 83-115, 12-21-1983]
All licenses issued under the provision of this Chapter shall be issued only upon an application form supplied by the Director of Finance and prepared by the applicant or his/her duly authorized agent.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 605.070; R.O. 2009 § 110.007; CC 1981 § 16-16; Ord. No. 80-37, 3-25-1980; Ord. No. 83-115, 12-21-1983; Ord. No. 92-40, 3-18-1992; Ord. No. 23-145, 12-5-2023]
A. 
The license required by this Chapter shall be effective from January 1 through December 31 in a given calendar year. Renewal applications and fees shall be filed on or before January 1 for: general merchants, manufacturing/corporations, bill poster/billboards, bed and breakfast establishments, hotels and motels, junk dealers, pawnbrokers and short-term loan establishments. precious metals and gems, itinerant merchants and promoters, vehicles for hire/transportation related, and massage technicians.
B. 
The license required by this Chapter shall be effective from April 1 through March 31 in a given calendar year. Renewal applications and fees shall be filed on or before April 1 for retail merchants.
[R.O. 2011 § 605.080; R.O. 2009 § 110.008; CC 1981 § 16-17; Ord. No. 83-115, 12-20-1983; Ord. No. 99-380, 11-4-1999]
No license provided for in this Chapter shall be assigned or transferred, except by permission of the Finance Director in case the licensee sells his/her stock of goods to a person continuing the business at the same place, nor shall any such license authorize the holder thereof to do business thereunder at more than one (1) place at the same time.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 605.090; R.O. 2009 § 110.009; CC 1981 § 16-18; Ord. No. 83-115, 12-21-1983; Ord. No. 13-127§ 2, 7-2-2013]
Upon payment of the license fee, the Director of Finance shall issue a license designating the year for which the license is issued and a number identical with the number of the application and such other information as may be required. It shall be the duty of the licensee to display such certificate conspicuously in the place of business or within the vehicle or machine for which the same was issued, and the certificate shall not be used for any other place of business, vehicle or machine.
[R.O. 2011 § 605.100; R.O. 2009 § 110.010; CC 1981 § 16-19; Ord. No. 83-115, 12-21-1983]
Except as otherwise specially provided in this Chapter, when two (2) or more businesses are operated together at the same place or stand by the same person, such person shall pay but one (1) license fee under the provisions of this Chapter, which shall be the license fee that is paid upon the branch of the business for which the highest license fee is imposed.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 605.110; R.O. 2009 § 110.011; CC 1981 § 16-20; Ord. No. 83-115, 12-21-1983]
Where any person is prohibited from carrying on any business, trade, calling, vocation or profession without paying for and obtaining a license therefor as provided in this Chapter, it shall be unlawful for any servant, agent, officer or employee of such person to conduct or carry on or aid in conducting or carrying on such business, trade, calling, vocation or profession or any part thereof for which the required license has not first been obtained as required.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 605.120; R.O. 2009 § 110.012; CC 1981 § 16-21; Ord. No. 80-37, 3-25-1980; Ord. No. 83-115, 12-21-1983; Ord. No. 92-58, 4-14-1992; Ord. No. 93-166, 7-21-1993]
A. 
No free licenses shall be granted or rebates allowed for any cause or any sum accepted less than the amount specified in this Chapter or any license issued for a shorter period of time than provided in this Chapter. Upon petition to and action by the City Council, the City may allow exceptions to this Section and authorize free licenses or rebates hereunder by applicants upon satisfactory evidence of unavoidable misfortune or poverty on the part of the applicant.
B. 
No license fee under this Chapter shall be charged to schools or to fraternal, civic, service, veteran, religious or charitable organizations.
[R.O. 2011 § 605.130; R.O. 2009 § 110.013; CC 1981 § 16-22; Ord. No. 83-115, 12-21-1983]
License fees will be reduced by one-half (1/2) after one-half (1/2) of license period is past. This does not apply to retail merchants whose fees are based on gross sales.
[R.O. 2011 § 605.140; R.O. 2009 § 110.014; CC 1981 § 16-23; Ord. No. 83-115, 12-21-1983; Ord. No. 90-253, 9-21-1990; Ord. No. 95-46, 2-16-1995]
A. 
It shall be the duty of the Director of Finance to collect all monies for licenses issued under the provisions of this Chapter and to keep an accurate register of all such licenses issued by him/her in such form as will clearly show what licenses are in force, to whom issued, the occupation, business, object or subject for which issued, the term for which issued and the amount paid.
B. 
The Director of Finance and/or the Chief of Police may enter every place of business subject to license under this Chapter within the City, during normal business hours, to ascertain whether such place of business is operating in conformity with the terms specified in this Chapter.
C. 
The Director of Finance and/or the Chief of Police may inspect the operations of any person found pursuing, carrying on or operating any calling, trade, business, vocation, occupation or profession mentioned in this Chapter.
D. 
Whenever, in accordance with Section 144.083(1), RSMo., the State retail sales license of a business has been revoked by the Missouri Director of Revenue and pursuant to Section 144.083(2), RSMo., the business license issued by authority of this Chapter is rendered null and void, the Director of Finance may order the business to cease further sales in the City. It shall be a violation of this Chapter for a business to continue retail sales after an order to cease further sales in the City has been issued by the Director of Finance. If a business continues retail sales after an order to cease has been issued by the Director of Finance, the City Attorney is authorized to seek an injunction, in addition to other remedies, from the Circuit Court of the County to prohibit the business from making further retail sales.
E. 
When a business receives three (3) or more citations for violations of the zoning code, building code, or property maintenance code and the violations are not abated or corrected after thirty (30) days, the Director of Finance shall revoke the business license. An application for reinstatement of the business license shall not be accepted by the Department of Finance unless and until the Director of Community Development certifies to the Director of Finance, in writing, that the code violations have been abated or corrected and the business is in compliance with the specified codes.
[Ord. No. 20-032, 3-3-2020]
[R.O. 2011 § 605.150; R.O. 2009 § 110.015; CC 1981 § 16-24; Ord. No. 83-115, 12-21-1983; Ord. No. 96-252, 9-11-1996; Ord. No. 23-145, 12-5-2023]
A. 
Any person delinquent in the payment of the required business license shall pay a late payment penalty as follows:
1. 
Twenty-five percent (25%) of the license fee for the first month delinquent and twenty-five percent (25%) of the license fee for each month thereafter. A maximum of fifty percent (50%) of the license fee may be charged.
[1]
Cross Reference: As to penalty, § 100.150.
[1]
Editor's Note: Former Section 605.160, License Fees For Certain Occupations, was repealed 12-5-2023 by Ord. No. 23-145. Prior history includes: R.O. 2011 § 605.160; R.O. 2009 § 110.016; CC 1981 § 16-25; Ord. No. 76-65; Ord. No. 80-37; Ord. No. 81-17; Ord. No. 82-34; Ord. No. 82-43; Ord. No. 83-9; Ord. No. 83-115; Ord. No. 85-41; Ord. No. 85-176; Ord. No. 87-32; Ord. No. 87-104; Ord. No. 88-117; Ord. No. 89-73; Ord. No. 90-175; Ord. No. 93-166; Ord. No. 96-58; Ord. No. 97-241; Ord. No. 99-418; Ord. No. 19-198; Ord. No. 22-168.
[R.O. 2011 § 605.170; R.O. 2009 § 110.017; CC 1981 § 16-26; Ord. No. 80-37, 3-25-1980; Ord. No. 83-9, 2-2-1983; Ord. No. 83-115, 12-21-1983; Ord. No. 96-252, 9-11-1996]
A. 
Every manufacturing and other corporation or institution shall pay an annual license fee based upon the amount of square footage of business premises occupied by said manufacturing business.
B. 
For purposes of computation of the license fee provided for herein, the term "square footage" shall include the actual square footage as determined by the Mayor and City Council or their designee from building permits, plans and the like on record or other credible evidence of each building, structure establishment or facility used for the manufacturing, selling, showing or storage of merchandise or the transaction or conduct of any business or commercial pursuit whatsoever. However, the term "square footage" shall not include any area used exclusively for customer or employee parking of vehicles. Further, any area not under roof that is used for business purposes shall be included within the meaning of the term "square footage" as defined herein; but for purposes of computation of aggregate square footage for application of the license fee promoted herein, such area shall be taxed at one-half (1/2) the normal rate provided below, based upon the reduced amount of inspection, regulation and protection required for such areas.
C. 
The license fee provided for herein shall be computed as set forth in Section 150.030.
[Ord. No. 22-168, 12-20-2022]
D. 
Nothing in this Section shall be construed to require any manufacturing corporation or institution paying the license fee required in this Section to pay any additional business license fee under this Chapter, except such vehicle license fee as may be prescribed by this Chapter or any other ordinance of the City and excepting such ad valorem tax as may be assessed and levied by ordinance.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 605.180; R.O. 2009 § 110.018; CC 1981 § 16-3]
As used in this Chapter, the word "billboard" shall mean any structure at least sixty (60) square feet in area or portion thereof upon which an advertisement is placed, painted or printed, advertising a person, thing or product not located or sold on the lot upon which the billboard is located.
[1]
Cross Reference: As to billboard defined for zoning purposes, § 400.1390.
[R.O. 2011 § 605.190; R.O. 2009 § 110.019; Ord. No. 96-119, 4-22-1996]
A. 
Definition. For the purposes of this Section, the following word shall have the following meaning:
BED-AND-BREAKFAST ESTABLISHMENT
A building having not more than six (6) guest rooms where travelers for compensation are lodged for sleeping purposes and are provided a morning meal.
B. 
License. Any person engaging in the business of a bed-and-breakfast establishment shall obtain a license. The annual fee for the business license shall be either the amount stated in Section 150.030 for two (2) rooms or less or the amount stated for more than two (2) rooms.
[Ord. No. 22-168, 12-20-2022]
C. 
Qualifications.
1. 
The applicant for the license shall be, and shall remain through the term of the license, in fact actively engaged in the actual control and management of the particular bed-and-breakfast establishment for which the license is sought.
2. 
No license shall be granted to any individual who owes any delinquent taxes or fees to the City, unless the taxes or fees have been challenged or contested in a court proceeding or in a manner prescribed by law.
D. 
Licensing Procedure.
1. 
License application shall be filed with the Director of Finance.
2. 
The licensee shall file with the Director of Finance the name, address and telephone number of one (1) or more persons authorized to act for the licensee in emergencies. Failure to file and to maintain throughout the term of the license accurate information as required by this Section may result in suspension or termination of the license.
3. 
A guest register shall be maintained.
4. 
The grant of the license may be conditioned upon the completion of construction of the premises upon which sale is to be made within a time period prescribed and upon compliance with all fire and building codes and regulations.
5. 
The grant of the license shall be conditioned upon the provision of a telephone for emergency use in each guest room or in a common area. Emergency telephone numbers shall be available at all times next to each such telephone. The list of emergency telephone numbers shall include at least the contact number of the licensee or representative and the emergency numbers for the Police and Fire Department.
E. 
Safety Inspections. The bed-and-breakfast establishment shall be inspected annually by the Fire Department and may be inspected annually by the Department of City Development to determine compliance with the safety requirements of the City Code. Failure to comply with the safety requirements within thirty (30) days of written notification may result in termination of the license.