City of Crestwood, MO
St. Louis County
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[Ord. No. 4684, § 1, 9-13-2016]
The Board of Aldermen finds and declares that attracting small businesses is in the best interest of the City, and that the waiver of business license fees for certain eligible businesses will encourage businesses to locate within the City, and will serve the public purpose of stimulating the economy of the City and the surrounding area.
[Ord. No. 4684, § 1, 9-13-2016]
(a) 
There is hereby established a business license fee waiver program in the City of Crestwood. A business granted a waiver under this program shall be exempt from all payments required under Article III of Chapter 13 of this Code for a period not to exceed three years. To be eligible for a waiver, a business must meet the following criteria:
(1) 
An eligible business must show proof that it rents or owns real property within the City from which it will conduct business; or must enter into an agreement to rent or purchase real property from which it will conduct business prior to such waiver becoming effective;
(2) 
Such business shall have no more than 20 employees;
(3) 
Such business must:
a. 
Be unique to the City of Crestwood, and have never before existed within the City limits; and
b. 
Be unique or uncommon in the St. Louis metropolitan area. If a business is part of a chain or a franchisee of a business operating in multiple locations, such business shall have no more than three other branches or locations within St. Louis County and the City of St. Louis.
(4) 
Businesses meeting the above criteria in the following industries shall be considered for waivers:
a. 
Microbreweries;
b. 
Restaurants and other eating places;
c. 
Miscellaneous manufacturing;
d. 
Transportation equipment manufacturing;
e. 
Electrical equipment, appliance and component manufacturing;
f. 
Computer and electronic product manufacturing;
g. 
Machinery manufacturing; and
h. 
Fabricated metal product manufacturing.
(5) 
Such business has never had gross receipts exceeding $30,000,000 in a calendar year; or if such business has not operated elsewhere, that it does not project to earn gross receipts in excess of $30,000,000 in a calendar year for at least the next five years; and
(6) 
No waiver shall be granted for any business license fees that are delinquent under § 13-224.
[Ord. No. 4684, § 1, 9-13-2016]
(a) 
All businesses seeking a waiver under this article shall submit an application to the City planner on a form approved by the City planner for such purpose. The City planner or his or her designee shall review such application as soon as practicable and shall determine whether the business meets the criteria for waiver set forth in this article. Subject to § 13-255, if such business is determined to be eligible, then the City planner shall grant a waiver. The City planner shall determine the number of years, not to exceed three, that fees will be waived.
(b) 
Applications for a waiver shall be filed by June 1 for consideration for a waiver in the year starting July 1. Once an application is approved, the City planner shall provide notice of such approval to the City Clerk/Collector.
(c) 
Notwithstanding any other provision of law to the contrary, § 2-31 of this Code shall not apply to decisions rendered under this article.
[Ord. No. 4684, § 1, 9-13-2016]
(a) 
Business license fees shall be waived for a period of up to three years for businesses granted a waiver under this article. No renewals or extensions shall be granted for any reason. Businesses granted a waiver under this article shall be notified of same in writing by the City Clerk/Collector. A copy of such notification shall be retained in the records of the City Clerk/Collector and shall be available for public inspection/copying.
(b) 
Businesses granted a waiver under this article shall be required to operate such business from a physical location within the City limits, in a building zoned for the appropriate use, for a period of at least five years from the date such waiver is granted. Businesses granted a waiver under this article shall execute an agreement with the City binding it to pay back any business license fees waived by the City in the event that such business ceases operation or leaves the City prior to the expiration of five years from the date such waiver is granted. Such agreement may allow the City to place a lien on real property, if any, owned by such business. Such agreement shall provide that such business remain small in character and if such business subsequently employs more people than is permitted by Subsection 13-251(b), it will thereafter be ineligible for waiver of license fees but shall not be required to refund fees previously waived. The business license of a business granted a waiver under this article shall be subject to suspension or revocation as set forth in § 13-227, except that non-payment of fees shall not be a basis for discipline.
[Ord. No. 4684, § 1, 9-13-2016]
(a) 
All businesses granted a waiver under this article must obtain an appropriate business license from the City; however, the fees for such licenses shall be waived. The City Clerk/Collector shall retain the right under § 13-220 to inspect the books, records, and accounts of such businesses. No waiver shall be granted from liquor license fees required by Chapter 5 of this Code.
(b) 
For each year in which it is granted a waiver, a business shall keep all records and statements required by § 13-209. A business granted a waiver shall provide its statements of business activity to the City Clerk/Collector as required by § 13-209. Failure to comply with this section may be grounds for suspension or revocation of a business license under § 13-227.
(c) 
Any waiver granted under this article shall be capped at $100,000. If a business granted a waiver under this article would have paid business license fees in excess of $100,000 in the absence of a waiver, such amount in excess of $100,000 shall be remitted to the City in the manner provided by this chapter.
[Ord. No. 4684, § 1, 9-13-2016]
The City shall grant no more than seven waivers under this article in each year; starting July 1 and ending on June 30 of each year; regardless of the number of qualified applicants. Applications for a waiver under this article shall be considered in the order in which they are received by the City planner. No provision of this article shall be construed to vest or create a right in any business or person to receive a waiver.