[R.O. 1993 § 635.010; Ord. No. 2519 § 1, 3-11-2003]
Applications for all licenses and permits required by ordinance
shall be made, in writing, to the City Clerk in the absence of any
specific law, ordinance or other regulation to the contrary. Each
application shall state the applicant's name, address and Social Security
number (or Federal tax identification number if a corporation, partnership,
trust or other legal entity), the permit or license desired, the location
to be used, the time covered and the fee to be paid and each application
shall contain such additional information as may be needed for the
proper guidance of the City Officials in carrying out their inspection
and investigation duties required by ordinance before and after issuance
of the license or permit.
[R.O. 1993 § 635.020; Ord. No. 2519 § 1, 3-11-2003; Ord. No. 2522 § 1, 3-10-2003]
A.
Whenever
in this Code a license is required for the maintenance, operation
or conduct of any business or establishment or for doing business
or engaging in any activity or occupation, any person, corporation,
partnership or other legal entity shall be subject to the requirement
if by himself or through an agent, employee or partner he/she holds
himself forth as being engaged in the business or occupation; or solicits
patronage therefor, actively or passively; or performs or attempts
to perform any part of such business or occupation in the City.
1.
Automatic Disqualification For Revocation Or Multiple Suspensions
Within Past Three (3) Years. In the absence of a specific law, ordinance
or regulation to the contrary, no application for issuance or renewal
of a business or occupation license or other permit shall be granted
if the City previously revoked or suspended more than once the license
or permit of the applicant within three (3) years prior to the date
the application is filed.
2.
City Council May Refuse To Issue Or Renew License Or Permit —
Grounds. The City Council, in its discretion, may refuse to issue
or renew a business or occupation license or other permit to an applicant:
a.
Whose business or occupation license or other permit was revoked
or suspended (even once) by the City or any other municipality, government
official (including City Manager) or government agency within five
(5) years prior to the filing date of the application, or
b.
Who has conducted his/her business or occupation, whether licensed
or not, in such a manner or at such a time or place as to constitute
a nuisance endangering the public health, safety or general welfare
due to any of the following grounds:
(1)
The licensee or permit holder failed to keep an orderly place
of business;
(2)
The licensee or permit holder made or permitted unusually or
unreasonably loud noises which are prolonged, chronic or otherwise
disturbing the peace or repose of neighbors;
(3)
The licensee or permit holder failed to adequately control and,
if necessary, disperse an unruly customer, crowds or other persons
upon the licensed place of business so as to constitute a nuisance
endangering the public health, public safety or the general welfare;
or
(4)
The conduct of the licensee or permit holder, his/her employee or agent, was so inimical to the public health, safety and general welfare as to constitute a nuisance, including but not limited to failing or refusing to comply with all building codes and regulations (e.g., Building Code, Property Maintenance Code, Electrical Code, Plumbing Code, Mechanical Code) adopted and set forth in Chapter 500 of the Charleston Code of Ordinances, and any amendments thereto now or hereafter enacted.
[Ord. No. 2944, 6-12-2018]
(5)
The licensee, permit holder or applicant (including
any member or manager of a partnership, limited liability company,
or official of a corporation) filed a false sales tax report, false
motor vehicle licensing or title document, or false business information
reporting document required to be filed by State law or municipal
ordinance.
[Ord. No. 2833 § 1, 8-12-2014]
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All applications which may be subject to refusal upon the grounds
described herein shall be referred to the City Council for decision.
If the City Council determines, in its discretion, that it is not
in the best interest of the City to issue or renew such license or
permit, the City Clerk or City Manager shall notify the applicant
of the decision and reasons therefore and return therewith the applicant's
application fee, if any.
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[R.O. 1993 § 635.030; Ord. No. 2519 § 1, 3-11-2003]
Forms for all licenses and permits and applications therefor
shall be prepared and kept in a file by the City Clerk.
[R.O. 1993 § 635.040; Ord. No. 2519 § 1, 3-11-2003]
Each license or permit issued shall bear the signatures of the
City Collector and City Clerk in the absence of any provision to the
contrary.
[R.O. 1993 § 635.050; Ord. No. 2519 § 1, 3-11-2003]
Upon the receipt of an application for a license or permit where
ordinances of the City necessitate an inspection or investigation
before the issuance of such permit or license, the City Clerk shall
refer such application to the proper officer for making such investigation
within forty-eight (48) hours of the time of such receipt. The officer
charged with the duty of making the investigation or inspection shall
make a report thereon, favorable or otherwise, within ten (10) days
after receiving the application or a copy thereof. The Health Officer
shall make or cause to be made an inspection in regard to such licenses
in the connection of the care and handling of food and the preventing
of nuisances and the spread of disease for the protection of health;
and the Building Inspector shall make or cause to be made any such
inspections relative to the construction of buildings or other structures.
All other investigations, except where otherwise provided, shall be
made by the Director of Public Safety or by some other officer designated
by the City Manager.
[R.O. 1993 § 635.060; Ord. No. 2519 § 1, 3-11-2003]
In the absence of provision to the contrary, all fees and charges
for licenses or permits shall be paid in advance at the time application
therefor is made to the City Clerk. When an applicant has not engaged
in the business or activity until after the current license year commences
on July 1, payment of the full annual license or permit fee shall
be required prior to January 1 but such fee shall be prorated after
January 1 and reduced to one-half (1/2) of the annual license fee
unless otherwise provided by ordinance. Except as otherwise provided,
all license fees shall become a part of the General Revenue Fund.
[R.O. 1993 § 635.070; Ord. No. 2519 § 1, 3-11-2003]
No license or permit shall be granted, issued or renewed to
any applicant who owes the City any delinquent taxes, fees, assessments,
Municipal Court fines and court costs or other financial obligation.
In the event an action has been commenced pursuant to the provisions
of Missouri Statutes questioning the amount or validity of taxes,
the Council may, on application by the licensee, waive strict compliance
with this provision, provided however, that no waiver may be granted
for taxes or any portion thereof which remain unpaid for a period
exceeding one (1) year after becoming due unless a payment plan has
been entered into or the liability is under litigation or appeal.
A.
The
possession of a retail sales license and a statement from the department
of revenue that the licensee owes no tax due under Sections 144.010
to 144.510, RSMo., or Sections 143.191 to 143.261, shall be a prerequisite
to the issuance or renewal of any City occupation license or any State
license which is required for conducting any business where goods
are sold at retail. The date of issuance on the statement that the
licensee owes no tax due shall be no more than ninety (90) days before
the date of submission for application or renewal of the local license.
The revocation of a retailer's license by the director shall render
the occupational license or the State license null and void.
B.
In addition to the provisions of Subsection (A) of this section, 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, shall also be a prerequisite to the issuance or renewal of any City 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 license.
[R.O. 1993 § 635.080; Ord. No. 2519 § 1, 3-11-2003]
All annual licenses and permits shall terminate on June 30 of
each year where no provision to the contrary is made. The termination
date shall be stated on the license or permit when issued. The City
Clerk shall mail to all licensees of the City a statement of the time
of expiration of the license held by the licensee, if an annual, three
(3) weeks prior to the date of such expiration. Provided that a failure
to send out such notice or the failure of the licensee to receive
it shall not excuse the licensee from a failure to obtain a new license
or a renewal thereof, nor shall it be a defense in an action for operation
without a license.
[R.O. 1993 § 635.090; Ord. No. 2519 § 1, 3-11-2003]
No license shall be issued for the conduct of any business and no permit shall be issued for any thing or act if the premises and building to be used for the purpose do not fully comply with the requirements of the City ordinances. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of Chapter 400, Zoning Regulations.
[R.O. 1993 § 635.100; Ord. No. 2519 § 1, 3-11-2003]
The location of any licensed business or occupation or of any
permitted act may be changed provided ten (10) days' notice thereof
is given to the City Clerk in the absence of any provision to the
contrary; provided, that the building and zoning requirements of the
ordinances are complied with.
[R.O. 1993 § 635.110; Ord. No. 2519 § 1, 3-11-2003]
No business or occupation, licensed or not, shall be so conducted
or operated as to create, permit or constitute a nuisance in fact
endangering the public health, safety or general welfare.
[R.O. 1993 § 635.120; Ord. No. 2519 § 1, 3-11-2003]
A.
Whenever
inspections of the premises used for or in connection with the operation
of a licensed business or occupation are provided for or required
by ordinance or are reasonable necessary to secure compliance with
any ordinance provision or to detect violations thereof, it shall
be the duty of the licensee or permit holder or the person in charge
of the premises to be inspected to admit thereto for the purpose of
making the inspection any officer or employee of the City who is authorized
or directed make such inspection at any reasonable time that admission
is requested. Whenever an analysis of any commodity or material is
reasonably necessary to secure conformance with any ordinance provision
or to detect violations thereof, it shall be the duty of the licensee
of the municipality whose business is governed by such provision to
give to any authorized officer or employee of the City requesting
the same sufficient samples of such material or commodity for such
analysis upon request.
1.
Suspension For Non-Compliance. In addition to any other penalty which
may be provided, the City Manager may summarily suspend the license
of any licensed proprietor of any licensed business in the City who
refuses to permit any such officer or employee who is authorized to
make such inspection or take such sample to make the inspection or
take an adequate sample of the said commodity or who interferes with
such officer or employee while in the performance of his/her duty
in making such inspection. Provided, that no license shall be suspended
for such cause unless written demand is made upon the licensee or
person in charge of the premises, in the name of the City, stating
that such inspection or sample is desired at the time it is sought
to make the inspection or obtain the sample.
[R.O. 1993 § 635.130; Ord. No. 2519 § 1, 3-11-2003]
A.
In
the absence of a specific ordinance, law or regulation to the contrary,
the following regulations shall apply:
1.
Summary Suspension Authorized. The City Manager (or in his/her absence
the Director of Public Safety) shall have the authority to summarily
suspend for a period not to exceed ten (10) days any business or occupation
license or other permit when:
b.
The licensee or permit holder fails to comply with inspections as set forth in Section 610.120 of this Chapter;
c.
The licensee or permit holder has failed to keep an orderly place
of business;
d.
The licensee or permit holder has made or permitted unusually or
unreasonably loud noises which are prolonged, chronic or otherwise
disturbing the peace or repose of neighbors;
e.
The licensee or permit holder has failed to adequately control and,
if necessary, disperse an unruly customer, crowds or other persons
upon the licensed place of business so as to constitute a nuisance
endangering the public health, public safety or the general welfare;
f.
The conduct of any licensee or permit holder, his/her employee or agent, is so inimical to the public health, safety and general welfare as to constitute a nuisance, including but not limited to failing or refusing to comply with all building codes and regulations (e.g., Building Code, Property Maintenance Code, Electrical Code, Plumbing Code, Mechanical Code) adopted and set forth in Chapter 500 of the Charleston Code of Ordinances, and any amendments thereto now or hereafter enacted.
[Ord. No. 2942, 6-12-2018]
2.
Notice Of Action — Hearing. The City Manager may order the
immediate suspension of a license or permit when the public health
or safety require immediate action by delivering oral or written notice
of such suspension to the licensee or permit holder who shall immediately
cease all such licensed business or activity upon the licensed premises.
In other cases when the public health or safety do not require immediate
suspension, the City Manager shall cause written notice of the suspension
to be delivered to the licensee or permit holder either in person
or by certified mail with return receipt requested which notice shall
state the grounds for and the effective date and duration of such
suspension. The notice shall be delivered or mailed not less than
five (5) days before the effective date of the suspension.
3.
Request For Hearing. The licensee or permit holder may request a
hearing before the City Manager within seventy-two (72) hours after
receipt of the notice of suspension, said request to be made in writing
and delivered to the City Manager who shall set the date, time and
place for the hearing and give oral or written notice thereof to the
licensee or permit holder.
4.
Appeal. Any person aggrieved by the decision of the City Manager
to suspend a license or permit hereunder may appeal to the City Council
by filing a notice of appeal within seven (7) days following the decision
of the City Manager. The notice of appeal shall be in writing and
filed with the City Clerk. The appeal shall be heard by the City Council
on a date, time and place selected by the Mayor after written notice
is delivered to the licensee or permit holder. The hearing shall be
conducted in compliance with the Missouri Administrative Procedures
Act and the decision of the City Council shall be final except for
the right of any party to file an action for judicial review. Upon
filing a timely notice of appeal, the City Manager's suspension order
shall be stayed pending the appeal.
[R.O. 1993 § 635.140; Ord. No. 2519 § 1, 3-11-2003]
A.
In
the absence of a specific ordinance, law or regulation to the contrary,
the following regulations shall apply:
1.
Revocation Or Suspension — Grounds. The City Council may, in
addition to any other penalty or remedy authorized by law, suspend
or revoke any license or permit issued or renewed under this Code
of Ordinances for any of the following reasons:
a.
The licensee or permit holder fails to comply with inspections as set forth in Section 610.120 of this Chapter;
b.
The licensee or permit holder has failed to keep an orderly place
of business;
c.
The licensee or permit holder has made or permitted unusually or
unreasonably loud noises which are prolonged, chronic or otherwise
disturbing the peace or repose of neighbors;
d.
The licensee or permit holder has failed to adequately control and
if necessary disperse an unruly customer, crowds or other persons
upon the licensed place of business so as to constitute a nuisance
endangering the public health, public safety or the general welfare;
e.
The conduct of the licensee or permit holder, his/her employee or agent, is so inimical to the public health, safety and general welfare as to constitute a nuisance, including but not limited to failing or refusing to comply with all building codes and regulations (e.g., Building Code, Property Maintenance Code, Electrical Code, Plumbing Code, Mechanical Code) adopted and set forth in Chapter 500 of the Charleston Code of Ordinances, and any amendments thereto now or hereafter enacted.
[Ord. No. 2943, 6-12-2018]
f.
The failure of the licensee or permit holder to pay any delinquent
tax, license fee or other obligation due the City, including Municipal
Court fines and court costs;
g.
Any misrepresentation or false statement made in the application
for such license or permit;
h.
Any illegal or improper issuance or renewal of the license or permit.
i.
The licensee, permit holder or applicant (including any member
or manager of a partnership, limited-liability company, or official
of a corporation) filed a false sales tax report, false motor vehicle
licensing or title document, or false business information reporting
document required to be filed by State law or municipal ordinance.
[Ord. No. 2833 § 2, 8-12-2014]
2.
Procedures For Revocation Or Suspension. When any complaint is made
to the City Council that cause exists for the revocation or suspension
of a license or permit issued or renewed under this Code of Ordinances,
the following procedures shall be used by the City Council.
a.
The City Council shall cause the matter to be set for an administrative
hearing to consider the question of suspension or revocation.
b.
Not less than ten (10) days prior to the date of such hearing, written
notice thereof shall be served upon the licensee or permit holder
either by delivery in person or by certified mail with return receipt
requested addressed to the licensee or permit holder at his/her last
known address as shown in the records of the City Collector, informing
the licensee or permit holder of the date, time and place of the hearing,
the allegations contained in the complaint and the grounds for suspension
or revocation of his/her license or permit.
c.
At the hearing, the City Council shall hear and consider all relevant
evidence. A majority decision of a quorum of the City Council present
for said hearing shall be necessary to revoke or suspend any license
or permit.
d.
The City Council shall issue written findings and orders either denying
the complaint or suspending or revoking the license or permit. A copy
of the said findings and order shall be served upon the licensee or
permit holder either in person or by certified mail with return receipt
requested.
[R.O. 1993 § 635.150; Ord. No. 2519 § 1, 3-11-2003]
It shall be the duty of any person conducting a licensed business
in the City to keep his/her license posted in a prominent place on
the premises used for such business at all times.
[R.O. 1993 § 635.160; Ord. No. 2519 § 1, 3-11-2003]
No City ordinance relating to business licenses shall be interpreted
as granting or attempting to grant to any City Officer or employee
any discretionary authority to issue or to refuse to issue a business
or occupation license or permit. Licenses and permits shall be issued
to each applicant complying with all applicable State laws and City
ordinances and licenses and permits shall be refused for any applicant
failing to comply with all such applicable laws and ordinances.
