[CC 1979 §14-16; Ord.
No. 72-436 §2, 12-18-1972]
It is the intention of the Board of Aldermen to license under
this Article all persons and institutions, merchants, manufacturers,
persons, commercial enterprises, businesses, dealers, trades, occupations,
pursuits and avocations which are subject to taxation by the City
under the law, with the exception of those businesses or designated
activities of businesses which are subject to licensing under other
ordinances. Persons subject to licensing under this Article, some
portion of whose business is subject to licensing under other ordinances,
shall be required to have licenses under such other ordinances in
addition to those required by this Article, but, in such case, the
respective portions of the businesses shall be treated for licensing
under each applicable ordinance as though they were separate and distinct
businesses or business activities.
[CC 1979 §14-17; Ord.
No. 72-436 §3, 12-18-1972; Ord. No. 78-032 §1, 9-18-1978; Ord.
No. 85-160 §1, 12-2-1985]
The following definitions will govern the construction of this
Article:
Gross receipts during the calendar year preceding each license
year.
Banking institution. As used herein, the term "banking institution" shall be defined as every bank and
every trust company organized under any general or special law of
this State and located within the City of Manchester and every national
banking association located within the City of Manchester.
Credit institution. As used herein, the term "credit institution" shall be defined as every person, firm,
partnership or corporation located within the City of Manchester and
engaged principally in the consumer credit or loan business in the
making of loans of money, credit, goods or things in action, or in
the buying, selling or discounting of or investing in negotiable or
non-negotiable instruments given as security for or in payment of
the purchase price of consumer goods. Without limiting the generality
of the foregoing, the term "credit institution" shall
include persons, firms, partnerships and corporations located within
the City of Manchester operating or licensed under the small loan
laws of this State or under the laws of this State relating to loan
and investment companies, and pawnbrokers but shall not include banks,
trust companies, credit unions, insurance companies, mutual savings
and loan associations, savings and loan associations, or real estate
mortgage loan companies.
Gross income. As used herein in connection
with banking institutions, the term "gross income" shall be as defined in Section 148.040(1) of the Revised Statutes
of Missouri, as amended; as used herein in connection with credit
institutions, the term "gross income" shall be as
defined in Section 148.150(2) of the Revised Statutes of Missouri,
as amended.
Net income. As used herein in connection with
banking institutions, the term "net income" shall
be as defined in Section 148.040(2) of the Revised Statutes of Missouri,
as amended; as used herein in connection with credit institutions,
the term "net income" shall be as defined in Section
148.150(1) of the Revised Statutes of Missouri, as amended.
A business in operation on April 30 of the preceding license
year.
[Ord. No. 19-2279, 12-2-2019]
That sum of lawful money of the United States of America
required to be paid to the City by any merchant, manufacturer or service
occupation for a license before commencing or continuing business
as such.
Any money due to the City of Manchester, including, but not
limited to, personal property taxes, real property taxes, gross receipts,
application fees, user fees, franchise fees, lateral sewer repair
program fees, license fees, permit fees, inspection fees, judgments,
penalties, or interest. The term does not include fines or costs incurred
in the City's Municipal Court.
[Ord. No. 22-2372, 10-3-2022]
The aggregate amount of all sales, transactions, fees, commission,
rental and leasing fees and shall include the receipt of cash, credits
and property of any kind or nature without any deductions therefrom
on account of the cost of any items sold, the cost of any materials
used or of any labor, service costs, interest paid or payable, or
any losses or any other expenses whatsoever; provided however, that
the following shall be excluded from any computations of gross receipts
if the books of accounts segregate the amount so as to reflect such
exclusions:
Receipts of taxes levied by municipal, State, and Federal Governments
and collected by the seller when separately stated.
Such part of the sales price of the property returned by the
purchaser as is refunded either in cash or in credit.
Receipts of refundable deposits, except that portion of refundable
deposits forfeited and taken into the gross receipts of the seller.
In the case of a parent company whose books of record reflect
the sales of its subsidiary or subsidiaries, the receipts of sales
of such subsidiary or subsidiaries may be excluded except for such
subsidiary or subsidiaries whose plant or place of business is located
within the limits of the City, unless such subsidiary or subsidiaries
so located in the City are separately licensed.
Every person required to have a current license, as well
as one holding a license.
A period of twelve (12) calendar months beginning on the
first day of May in each year or, in case of those businesses established
subsequent to the first day of May, at the beginning of doing business,
and ending on the following 30th day of April.
[Ord. No. 19-2279, 12-2-2019]
Every person engaged in treating, processing, refining, improving,
combining, fabricating, assembling or otherwise adding to the usability,
value or appearance of commodities and other personal property, whether
done on order or for sale upon expected or anticipated demand or orders
for the manufactured goods.
Every person who shall make or cause to be made any wholesale
or retail sales or sales as a jobber of goods, wares and merchandise
to any person, or who renders any services in connection with any
such sale at any store, stand or place in the City shall be deemed
to be a merchant, whether such sales shall be accommodation sales,
sales on consignment or whether made from stock on hand or ordering
goods from another source, or whether the subject of such sales be
a different type of goods than those regularly manufactured, processed
or sold by such dealer.
A business not in operation on April 30 of the preceding
license year.
[Ord. No. 19-2279, 12-2-2019]
Individuals, firms, partnerships, joint ventures, associations,
organizations, and entities of any kind, including groups and combinations
of individuals, firms, partnerships, joint ventures, associations,
organizations, and entities of any kind.
[Ord. No. 22-2372, 10-3-2022]
[Ord. No. 22-2372, 10-3-2022]
A person in which the applicant holds any stock, title, or other
ownership interest of at least twenty percent (20%);
A person which holds any stock, title, or other ownership interest
in the applicant of at least twenty percent (20%); or
A person 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, including, but not limited
to, officers, agents, servants, employees, and attorneys; or
Any person who is in active concert and participation with the
applicant's proposed use of the premises, business, or affairs.
Any transfer, exchange or barter of tangible personal property
for a consideration of money, property or service, or any combination
thereof.
All callings, businesses, dealers, trades, avocation, pursuits,
professions not exempt by law, occupations and enterprises with the
exception of merchants, manufacturers and those specifically exempted
from local licensing by Statutes of the State of Missouri, and including
also the selling of goods, wares and merchandise other than from a
store, stand or place of business in the City, persons dealing in
or rendering services of any and all kinds to persons or property,
and persons renting or hiring property or facilities to others, and
those who conduct activities for which an admission is charged or
consideration is received for attendance at performances, shows, spectacles
or other events, or for participation in contests or games or for
use of facilities or accommodations operated or maintained by such
persons.
The total amount of money placed or lodged in the custody
of a banking or credit institution as of December thirty-first (31st)
of each year, for safety or convenience, to be withdrawn at the will
of the depositor or under rules and regulations agreed on, such amount
to include but not be limited to deposits payable on demand and subject
to check and deposits not subject to check for which certificates,
whether interest-bearing or not, may be issued, payable on demand
or on certain notice, or at a fixed future time; the reporting of
such total deposits shall be on such form(s) as the City may from
time to time determine appropriate.
[CC 1979 §14-18; Ord.
No. 72-436 §4, 12-18-1972]
A.
No person coming within the definitions of a merchant, manufacturer or service occupation set out in Section 605.020 shall do or offer to do business in the City without first having made application for, procured and paid for a license to do so as required by this Article.
B.
The
license tax provided for in this Article is assessed and payable for
the privilege of engaging in and doing business in the City, and under
this Article a business shall be classified as that of a merchant,
manufacturer or service occupation according to the principal activity
of business.
[CC 1979 §14-19; Ord.
No. 72-436 §5, 12-18-1972; Ord. No. 97-988 §1, 9-15-1997; Ord.
No. 97-995 §1, 11-3-1997; Ord. No. 09-1946 §2, 7-20-2009]
A.
The
license fee of merchants shall be calculated on the gross receipts,
as defined herein, of goods, wares and merchandise sold in the City
of Manchester arising out of a business wholly or partly conducted
at or in any store, stand or place or vehicle (fixed or movable) in
the City. The license fee of merchants shall be based on the fee schedule
on file with the City Clerk. Such fee schedule is incorporated herein
by reference hereto and is an integral part of this Article.
[Ord. No. 14-2068 §1, 1-20-2014[2]]
[2]
Editor's Note: Section 5 of this ordinance provided that it
would be in full force and effect retroactive to 1-1-2014.
B.
The
license fee of manufacturers shall be calculated on the gross receipts,
as defined herein, of goods manufactured by them in the City of Manchester,
regardless of where the sales of such manufactured goods may take
place. The license fee of manufacturers shall be based on the fee
schedule on file with the City Clerk. Such fee schedule is incorporated
herein by reference hereto and is an integral part of this Article.
[Ord. No. 14-2068 §1, 1-20-2014]
C.
The
license fee of service occupations shall be based on the fee schedule
on file with the City Clerk. Such fee schedule is incorporated herein
by reference hereto and is an integral part of this Article.
[Ord. No. 14-2068 §1, 1-20-2014]
D.
The
term "mini-storage/self-storage facilities", as used in this Chapter, shall be defined as such term is defined in Section 405.240(C)(4)(k) of Article V of the zoning ordinance of the City of Manchester.
All owners and operators of mini-storage/self-storage facilities
as defined in this Chapter shall pay to the City, for each mini-storage/self-storage
facility owned and/or operated by same, the amount of one thousand
dollars ($1,000.00) as and for an annual mini-storage/self-storage
facilities license tax or fee at such times as are provided in this
Chapter.
E.
The
term "outdoor advertising structure", as used in
this Chapter, shall mean any off-premises commercial, outdoor sign,
display, device, figure, painting, drawing, message, plaque, poster,
billboard, or other thing designed, intended or used to advertise
or inform, any part of the advertising or information contents of
which is visible from any point of the traveled ways of the roadways
within the City. If the outdoor advertising structure shall contain
more than one (1) outdoor advertisement, then each such outdoor advertisement
shall be considered an individual outdoor advertising structure for
purposes of this Chapter.
[1]
Editor's Note — The provisions of §605.040(D) and (E) adopted by ord. no. 97-888 passed by aldermen on September 15, 1997, and ord. no. 995 passed by aldermen on November 3, 1997, were approved by the voters at an election held in April, 1998.
[CC 1979 §14-20; Ord.
No. 72-436 §6, 12-18-1972]
A.
Application. Any person desiring to obtain a license to
open, carry on or conduct business as a merchant, manufacturer or
service occupation shall make an application to do business within
the City and an application for a license to the Director of Finance.
Upon receipt of said application, the Director of Finance shall refer
the same to the Chief of Police, City Engineer or Planning and Zoning
Administrator or all three (3) for investigation as to the effect
of such business upon the safety, health, welfare and morals of the
inhabitants of the City. The Planning and Zoning Director shall also
determine if an occupancy permit, if required, has been issued in
accordance with other ordinances of the City. After receiving the
reports of any official to whom the application was referred, the
Director of Finance may issue the license in accordance with the terms
and subject to the conditions of this Code or may deny the application
upon evidence that the granting of the license would adversely affect
the safety, health, welfare and morals of the inhabitants of the City.
[Ord. No. 19-2279, 12-2-2019]
B.
Determination Of License Fee.
[Ord. No. 14-2068 §2, 1-20-2014[1]]
1.
Merchants and manufacturers. The initial license
fee to be paid for a business classified as a merchant or manufacturer
shall be based on the estimated gross receipts from the date of commencing
business to December 31 of the year for which application is made.
By the 15th day of April of the following calendar year, an adjustment
shall be made for the difference between the estimated amount of license
tax paid and the actual amount due based upon gross receipts for the
year just ended. The minimum license fee for a business license shall
be fifty dollars ($50.00).
[Ord. No. 19-2279, 12-2-2019]
2.
Service occupation. The license fee to be paid for a business classified as a service occupation shall be determined on a pro rata basis from the fee schedule referred to in Section 605.040(C). A business commencing operations prior to the 16th of the month shall be deemed to have commenced operation on the first of the month. The minimum license fee for a business license shall be fifty dollars ($50.00).
3.
Banking/credit institutions. The minimum license
fee for a new institution for its first period or year shall not be
less than five hundred dollars ($500).
[1]
Editor's Note: Section 5 of this ordinance provided that it
would be in full force and effect retroactive to 1-1-2014.
[CC 1979 §14-21; Ord.
No. 72-436 §7, 12-18-1972; Ord. No. 14-2068 §\3, 1-20-2014[1]; Ord. No. 19-2279, 12-2-2019]
A.
Merchants And Manufacturers — Return Filed With Director Of
Finance. All merchants and manufacturers shall furnish to
the Director of Finance no later than the 15th day of April of each
license year a verifiable statement on forms to be provided by the
Director of Finance showing the actual gross receipts, as defined
herein, for the full calendar year immediately preceding the first
day of January of the license year. The license fee shall be paid
to the City coincident with the filing of the return. Where the merchant
or manufacturer commenced business during the prior calendar year,
the return and fee for the license year shall be based on an estimate
of annual gross receipts for the license year or on an annualization
of the actual gross receipts obtained during the period in which business
was actually conducted. In either case, an adjustment will be required
by the 15th day of April of the following license year for the difference
between the estimated amount of license fee paid and the actual amount
due based upon actual gross receipts for the preceding license year.
B.
Service Occupations — Statement Filed With Director Of Finance. All businesses classified as service occupations shall furnish to the Director of Finance no later than the 15th day of April of each year a full and complete application, on forms to be provided by the City, describing the nature and type of activity in which the business is engaged. The license fee shall be determined by the Director of Finance from the fee schedule referred to in Section 605.040(C). The license fee shall be paid to the City coincident with the filing of the statement.
C.
Banking/Credit Institutions. All institutions shall furnish to the Director of Finance no later than the 15th day of April of each year a full and complete application, on forms to be provided by the City, describing the nature and type of activity in which the institution is engaged. The license fee shall be determined by the Director of Finance from the fee schedule referred to in Section 605.050(B)(3). The license fee shall be paid to the City coincident with the filing of the statement.
[1]
Editor's Note: Section 5 of this ordinance provided that it
would be in full force and effect retroactive to 1-1-2014.
[Ord. No. 19-2279, 12-2-2019]
A.
The Finance Director shall issue a license to the applicant, provided the applicant and all related entities have satisfied all the eligibility qualifications set forth in Section 605.070(B). In the event that the applicant (including any related entity) does not meet the eligibility qualifications set forth in Section 605.070(B), the Finance Director shall deny the applicant a business license and within five (5) days thereof shall give written notice of the denial to the applicant.
[Ord. No. 22-2372, 10-3-2022]
B.
Qualifications.
In order to be qualified to receive a business license, the applicant
and all related entities must meet the following eligibility qualifications:
[Ord. No. 22-2372, 10-3-2022]
1.
The application is free from any fraud, misrepresentation, or false
statement;
2.
The applicant and the premises in which the licensed business will
be conducted are in compliance with all provisions of this Chapter
and the entire City Code (including the zoning and building codes);
3.
The applicant has all necessary licenses, certifications, permits
or other applicable authorization required by Federal, State, County,
or City laws or regulations, including, but not limited to, a Missouri
retail sales license; and
4.
The applicant is not in arrears on any financial obligations to the
City.
C.
Appeal
Of Denial Of Business License.
1.
Any person, firm or corporation who has been denied a business license under Section 605.070(A) may appeal the decision of the Finance Director to the Board of Aldermen. Notice of appeal must be filed with the City Clerk within ten (10) days of receipt of the written denial as set forth in Section 605.070(A). Notice of appeal will be considered filed on the date that it is placed in the United States mail with proper postage thereon, provided the correct address is on the envelope containing the notice of appeal.
2.
Upon receipt of the notice of appeal, after conferring with the City
Attorney, the Mayor shall set a date for the Board to convene to hear
the appeal of the applicant. Notice of the date for the hearing will
be mailed to the applicant at least ten (10) days prior to the date
thereof and shall be sent to the applicant at the address indicated
on the applicant's original application for business license.
3.
At the hearing, the applicant shall have the burden of proof to show
that the applicant is qualified underneath this Chapter and that the
Finance Director's determination of ineligibility is incorrect. At
the hearing the applicant shall have the right to counsel. The Mayor
shall serve as the head of the hearing, shall convene the hearing,
shall determine the order of the hearing, shall determine what evidence
is admissible at the hearing and shall conclude the hearing. In order
to conduct the hearing, a quorum of the members of the Board of Aldermen
must be in attendance. Upon the conclusion of the presentation of
evidence at the hearing, both the applicant and the City have the
right to make closing statements. The Board shall convene among themselves
to discuss and decide the case. A majority of the members in attendance
must agree on the final decision. The final decision shall be in writing
and signed by all those who agree to it and shall include findings
of fact and conclusions of law. The Board must reach a decision within
thirty (30) days after the hearing and send a copy of its written
decision to the applicant at the address of the applicant as indicated
on its original application.
4.
Any party aggrieved by the decision of the Board of Aldermen may
file an appeal with the Circuit Court of St. Louis County pursuant
to Chapter 536, RSMo.
[1]
Editor’s Note: Former Section 605.070, License Fee Rates,
as adopted and amended by CC 1979 §14-22; Ord. No. 72-436 §8,
12-18-1972; Ord. No. 06-1696 §1, 8-21-2006, was repealed by Ord.
No. 14-2068 §4, adopted 1-20-2014. Section 5 of this ordinance
provided that it would be in full force and effect retroactive to
1-1-2014.
[CC 1979 §14-23; Ord.
No. 72-436 §9, 12-18-1972; Ord. No. 19-2279, 12-2-2019]
All license fees, except as may be otherwise provided for by this Article, shall be due and payable on or by the 15th day of April of the license year to avoid penalty under Section 605.180 of this Article.
[CC 1979 §14-24; Ord.
No. 72-436 §10, 12-18-1972]
All licenses and applications therefor shall be in such form
as prescribed by the Director of Finance who shall receive such applications
and issue such licenses.
[CC 1979 §14-25; Ord.
No. 72-436 §11, 12-18-1972]
All licenses granted by the City shall be carefully preserved
in a conspicuous place in the place of business authorized to be conducted
by such license.
[CC 1979 §14-26; Ord.
No. 72-436 §13, 12-18-1972]
It shall be the duty of each merchant, manufacturer or service
occupation to maintain adequate accounting records of transactions,
product manufactured or service performed, and to make such records,
together with the State sales tax returns and any other necessary
records and reports, available at reasonable times for inspection
by the City Administrator or Director of Finance for audit purposes
to determine the accuracy and truthfulness of any statement made in
an application for a license or a payment of a license tax as herein
required. The statements or returns shall not be made public nor shall
they be subject to the inspection of any person except the City Administrator
or Director of Finance, nor shall such authorized persons disclose,
except by order of court, any such privileged information.
[CC 1979 §14-27; Ord.
No. 72-436 §14, 12-18-1972]
No license shall be issued to any merchant, manufacturer or
service occupation until all financial obligations including, but
not limited to, personal property taxes, other license fees, permit
fees, or inspection fees required to have been paid by such merchant,
manufacturer or service occupation to the City have been paid.
[Ord. No. 22-2372, 10-3-2022]
A licensee or applicant is deemed to be in arrears on a financial
obligation to the City if a financial obligation is owed to the City
by any related entity to the licensee or applicant. When the City
reasonably believes that a licensee or applicant has any control or
ownership interest in an entity or person with outstanding financial
obligations, the licensee or applicant shall have the burden to differentiate
itself from the related entity with outstanding financial obligations.
[CC 1979 §14-28; Ord.
No. 72-436 §15, 12-18-1972]
A license may be issued to two (2) or more persons engaged in
any joint enterprise or joint venture the same as to a single person
and for the same fee, except as otherwise may be specifically provided
for.
[CC 1979 §14-29; Ord.
No. 72-436 §16, 12-18-1972]
No license shall be assigned or transferred.
[CC 1979 §14-30; Ord.
No. 72-436 §17, 12-18-1972]
Every merchant, manufacturer or service occupation shall procure
a separate license for each stand, store or place of business conducted,
operated or maintained by such merchant, manufacturer or service occupation
for which a license is required; and each and every merchant, manufacturer
or service occupation shall notify the Director of Finance of any
change of address within seven (7) days of such change.
[CC 1979 §14-31; Ord.
No. 72-436 §18, 12-18-1972]
Whenever any applicant for a license, under the provisions of
this Article, is engaged in more than one (1) occupation or business
at the same address, such applicant shall make application and pay
the license for each such occupation or business.
[CC 1979 §14-33; Ord.
No. 72-436 §21, 12-18-1972]
Any act or duty required or authorized to be performed under
the provisions of this Article by any corporation shall, in addition,
be the responsibility of the president of such corporation and of
any other person duly authorized by such corporation to perform such
act or duty; and such president or other authorized person shall be
personally subject to all penalties provided for violation of such
applicable provisions of this Article as may relate to such acts or
duties.
[CC 1979 §14-35; Ord.
No. 72-436 §23, 12-18-1972; Ord. No. 22-2372, 10-3-2022]
A.
To the extent allowed by Sections 71.625 and 144.250, RSMo., and other State laws, the Director of Finance shall add the following penalties for all license fees paid after the annual due date for license fees as set out in this Chapter 605.
1.
Failure To Make Initial Application Or File Annual Return. For
failure to make proper and timely initial application to do business
within the City of Manchester or to file the annual return or statement
as provided in this Article or pay any license tax due hereunder,
an automatic penalty of twenty-five dollars ($25.00) shall be assessed
and collected by the Director of Finance.
2.
Failure To Pay License Fee When Due.
a.
Failure to pay the merchants, manufacturers, and service occupation
license fee when due shall result in the fee being subject to an automatic
penalty of ten percent (10%) per month or fraction thereof the fee
is delinquent.
b.
Upon appearance in Municipal Court and being found delinquent in the payment of the fee, the owner, manager or authorized agent shall be deemed guilty of an ordinance violation and upon conviction thereof be fined, in addition to the other charges set forth herein, shall be fined as provided in Section 100.100 of this Code. Every day such person shall continue in business, after demand for payment of the proper license is made by the City, shall constitute a separate offense.
c.
Failure of owner, manager or authorized representative to appear
in Municipal Court, after summons, will result in the immediate arrest
of such individual and the immediate cessation of business in accordance
with this Article.
3.
False Statement(s) Or Violation Of Ordinance — Additional
Penalty. Any merchant, manufacturer or service occupation making a
statement in the application for a license under this Article showing
the annual gross receipts in an amount less than the true amount thereof,
or making a false statement as to any other condition or factor upon
which the license fee is or shall be based, the effect of which would
be to reduce the amount of such license fee, or who fails to comply
with or who violates any provisions of this Article shall be deemed
guilty of an ordinance violation and upon conviction thereof shall
be subject to fines and penalties in addition to those already specified
in this Article.
[CC 1979 §14-36; Ord.
No. 72-436 §24, 12-18-1972; Ord. No. 19-2279, 12-2-2019]
A.
Any
license issued pursuant to the provisions of this Chapter may be revoked
by the Board of Aldermen for any of the following reasons, as well
as for any other reason specified in this Chapter:
2.
Violation of the terms and conditions upon which the license was
issued.
3.
Failure of the licensee to pay any tax or obligation due to the City
or State.
4.
Any misrepresentation or false statement in the application for a
license required herein.
5.
Failure to display the license required herein.
[CC 1979 §14-37; Ord.
No. 72-436 §25, 12-18-1972; Ord. No. 19-2279, 12-2-2019]
A.
In
any case in which a complaint has been made to the Board of Aldermen,
or in which the Board of Aldermen has on its own determined that cause
may exist for the revocation of a license under the provisions of
this chapter, the following procedures shall be followed:
1.
The Board of Aldermen shall set a date for a hearing to consider
the question of revocation.
2.
At least ten (10) days prior to the hearing, written notice shall
be mailed to the licensee, by registered mail, return receipt requested,
to his last known address as shown in the records of the City Clerk
advising the licensee of the time, date and place of hearing and of
the reason for considering the revocation of his license.
3.
During the pendency of this hearing before the Board of Aldermen,
the licensee shall be permitted to continue the operation of his business.
4.
At the hearing set by the Board of Aldermen, the Board of Aldermen
shall hear all relevant and material evidence justifying the retention
of the license.
5.
The licensee may be present in person or by his attorney and may
present evidence.
6.
After hearing the evidence presented, the Board of Aldermen shall
vote.
B.
After
completing the hearing, the Board of Aldermen shall have thirty (30)
days to issue its written decision regarding whether the subject license
shall be revoked, unless extended by the Board of Aldermen for cause.
The affirmative vote of a majority of the full Board of Aldermen (i.e.,
four votes) shall be necessary to revoke any license.
C.
Any
party aggrieved by the decision of the Board of Aldermen may appeal
the decision to the Circuit Court of St. Louis County within thirty
(30) days of the date of the decision.
D.
Except
as otherwise provided herein, the hearing provided for herein and
any appeals therefrom shall be governed by the procedures for contested
cases set forth in the Missouri Administrative Procedure and Review
Act, Chapter 536, RSMo.
[CC 1979 §14-38; Ord.
No. 72-436 §26, 12-18-1972; Ord. No. 19-2279, 12-2-2019]
A.
Any business or licensee doing business in the City who does not comply with the provisions of this Chapter, including the obligation to obtain, maintain or display a City business license, shall upon conviction be punished as provided in Subsection (B) of this Section. In addition to such fine, the offender may be assessed the cost of the license and court costs. The Manchester Police Department shall enforce the provisions of this Chapter.
B.
Any
business or licensee that fails to comply with the provisions of this
Chapter shall be liable in the Manchester Municipal Court for a fine
of up to five hundred dollars ($500.00); and each day of such violation
shall constitute a separate offense.
[CC 1979 §14-39; Ord.
No. 72-436 §27, 12-18-1972]
The provisions set forth in this Article shall not be applicable
to any non-profit organization, association or establishment nor to
any business, occupation, pursuit, profession or trade which the City
may be otherwise prohibited by law from licensing or regulating.
[Ord. No. 13-2051 § 1, 5-20-2013[1]]
A.
The term "gift shop," as used herein, shall mean a business engaged
in the purchase, other than from recognized and established dealers
or distributors, of precious metals, coins and gems.
B.
Any person who shall engage in the operation of a gift shop as defined in Subsection (A) above shall, as a condition to issuance and maintaining of a business license issued under Section 605.030 of this Chapter, satisfy the following requirements:
1.
A state-issued photo ID must be presented by the seller and
copied by the gift shop;
2.
A photograph or similar copy of the items purchased by the gift
shop must be made;
3.
A purchase receipt must be prepared by the gift shop contemporaneous
with the purchase;
4.
Any item purchased by the gift shop may not be resold but must
be kept in its original, unaltered condition (i.e., not melted or
precious stones removed) for a period of fifteen (15) days following
such purchase; and
5.
The City of Manchester Police Department shall be provided a weekly transaction report (or a copy of each document provided for in Subsection (B)(1), (2) and (3) above), such to be provided to the Department each Monday in a format determined appropriate by the Department from time to time and related to the prior seven-day period.
[1]
Editor's Note: Section 2 of this ordinance provided that this ordinance would be supplemental to the provisions of Sections 405.240(A)(7), 405.250(A)(7) and 405.260(B)(2) of this Code.
