[Ord. No. 276 §1, 3-5-2008]
A.
APPLICANT
RELATED PERSON OR ENTITY
1.
2.
3.
RELEVANT LAW
1.
2.
3.
For the purpose of these provisions,
the following terms shall have the following meanings:
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.
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 twenty percent (20%),
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 twenty percent (20%), or
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.
Any Statute or regulation of the United States or the State
of Missouri,
Any ordinance or Code Section 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
Any final judgment or order of any court of competent jurisdiction,
when a Statute, ordinance, Code Section, 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 Code
Section of the City.
B.
In
enforcing or administering the ordinances of the City, no permit,
license, franchise or approval of any kind shall be granted to any
applicant if 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.
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 or forfeited, the reviewing or enforcement
officer may consider past violations of relevant law by the applicant
or a related person or entity in considering 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 the past violations of relevant
law are reasonably recent in time and 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.
D.
If
a permit, license, franchise or other approval has been denied, suspended,
revoked or forfeited, the applicant may not submit a new application
for one (1) year from the date of the denial, suspension, revocation
or forfeiture 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 Board of Adjustment within five (5) business days of
said decision. The Board of Adjustment may reverse or modify the decision
of the reviewing or enforcement officer provided the applicant:
1.
Establishes an inability to effect compliance with any relevant law
because of the ownership structure of any pertinent related entity,
if the denial in question was due to conduct or circumstances of a
related person or entity, or
2.
Establishes that the applicant has not been charged with, or is or,
if applicable, was not in violation of any relevant law.
