Chapter 13
LICENSES AND BUSINESS REGULATIONS*
Art. I. In General, §§ 13‑1‑13‑31
Art. II. Occupational Licenses Generally, §§ 13‑32‑13‑80
Art. III. Licensing and Regulation of Certain Occupations, §§ 13‑81—13‑286
Div. 1. Massage Parlors and Establishments, §§13‑81—13‑100
Div. 2. Contractors, §§ 13‑101—13‑120
Divs. 3, 4, 5. Reserved, §§ 13‑121—13‑182
Div. 6. Reserved, §§ 13‑183—13‑215
Div. 7. Gasoline Dealers, §§ 13‑216—13‑234
Div. 8. Horse-Drawn Carriages, §§ 13-235—13-262
Div. 9. Tow Trucks, §§ 13‑263—13‑276
Div. 10. Itinerant Merchants, Peddlers and Solicitors, §§ 13-277—13-286
ARTICLE I. IN GENERAL
Sec. 13‑1. Weights and Measures Code.
The St. Louis County Weights and Measures Code as amended by the County of St. Louis through the date of the last amendatory ordinance on February 13, 1987 is hereby adopted as the Weights and Measures Code of the City of Kirkwood, a copy of which is attached hereto and incorporated herein by reference. (Ord. No. 8390, §2, 2-16-95; Ord. No. 8678, §2, 1-15-98)
Secs. 13‑2—13‑31. Reserved.
ARTICLE II. OCCUPATIONAL LICENSES GENERALLY*
Sec. 13‑32. Business subject to this article; calendar‑year basis.
(a) It is the
intention of the council to license under this article all persons, institutions, merchants, manufacturers,
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 such other ordinances, shall be required
to have licenses under the latter 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. All licenses issued pursuant to this article
are to be issued on a calendar‑year basis.
(Ord. No 5385, §1, 12‑17‑70; Ord. No. 6516, §1, 12‑20‑79)
Sec. 13‑33. Definitions.
The
following definitions will govern in the construction of this article:
Charges:
Amounts designated by the licensee as the consideration to be paid for
goods, services or otherwise, including considerations to be paid, rendered or
delivered at a later date.
Coin-operated amusement device: A
device operated by the insertion of a coin, disc or other insertion piece,
whether or not also manipulated by the operator, and which operates for the
amusement of the operator, whether or not registering a score, including
pinball machines, marble machines, music‑vending machines, miniature pool
machines, paddleball machines, air hockey machines, any machine electrically operated
and scored, and shuffleboard machines.
The term "coin‑operated amusement device" shall not
include slot machines, claw machines or other machines prohibited by the laws
of the State of Missouri. The word
"device" shall also include and mean the word "machine."
Coin‑operated vending machine: A
coin‑operated device, other than a coin‑operated amusement device
and other than a coin‑operated laundry or dry cleaning device, which
dispenses or is used for the dispensing and vending of services, food, drink,
confections or merchandise of any kind.
The word "device" shall also include and mean the word
"machine."
Exhibitor of coin‑operated
amusement device: Any person who exhibits, maintains or has
possession of for operation, one or more coin‑operated amusement devices
in the city.
Exhibitor of coin‑operated
vending machine: Any person who exhibits, maintains, or has
possession of for operation one (1) or more coin‑operated vending
machines within the city.
Gross receipts: All
of the money, property, services and other considerations charged for or
received or derived from their business activities, and includes, but is not
limited to, receipts and charges for and from sales, rentals, hiring, admission
prices, compensation, personal services, service charges, commissions,
contracts, fees, penalties, bonuses, and services of a trade or occupation, or
other price received or charged for any combination of services and property or
use thereof or admittance or privilege granted; all commissions received and
retained by any commission broker, including real estate agents, brokers,
insurance brokers, insurance agents; and revenues of insurance companies
limited to direct premiums received from Missouri policy holders. However, "gross receipts" shall not
include the following:
(a) Receipts of taxes levied by municipal,
state and federal governments, and collected by the seller when separately
stated.
(b) Value of property accepted as part of
the purchase price for subsequent resale.
(c) Such part of the sales price of property returned by the purchaser as is refunded either in cash or in credit.
(d) Receipts of refundable deposits, except
that portion of refundable deposits forfeited and taken into the gross receipts
of the seller.
(e) Receipts from the sale of beer, liquor
and cigarettes.
(f) 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.
Licensee:
Every person required to have a current license as well as one holding a
license.
Manufacturer:
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 or order
or for sale upon expected or anticipated demand or orders for the manufactured
goods.
Merchant:
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 said
sales be a different type of goods than those regularly manufactured, processed
or sold by said dealer.
Person:
Individuals, partnerships, corporations and associations and groups of
individuals, partnerships, corporations and associations.
Sale: Any
transfer, exchange or barter of tangible personal property for a consideration
of money, property or service, or any combination thereof.
Service occupation: All
callings, businesses, dealers, trades, avocations, pursuits, professions not
exempt by law, occupations and enterprises with the exception of merchants,
manufacturers and excluding those specifically exempted from local licensing by
statutes of the State of Missouri, and shall be construed to include 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.
(Ord. No. 5385, §2, 12‑17‑70; Ord. No. 5778, §2, 12‑19‑74; Ord. No. 5796, §1, 2‑13‑75; Ord. No. 8939, §1, 8-17-00)
Sec. 13‑34. Method of calculating license tax.
(a) The license tax of merchants shall be calculated on the gross receipts, as defined herein, of goods, wares and merchandise sold in the city 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.
(b) The license tax of manufacturers shall be calculated on the gross receipts, as defined herein, of goods manufactured by them in the city, regardless of where the sales of such manufactured goods may take place.
(c) The license tax of service occupations shall be calculated on the total amount of the gross receipts, as defined herein, arising out of the services performed in the city; except that the following business occupations or pursuits shall pay a license tax in the amounts set out hereunder in this section:
|
Auctioneers and auction sales........................... |
$35.00 per day |
|
Automobile and truck dealers............................ |
$ 3.00 for each new automobile or truck or less than 1˝ tons, wholesale or retail, and $6.00 for each new truck 1˝ tons or over, wholesale or retail; unless 50 percent or more of the gross business is derived from used automobiles or trucks, in which case the rate of $1.00 per $1,000.00 of gross receipts defined herein shall apply. |
|
Banks.............................................................. |
$400.00 |
|
Businesses duly authorized and operating at the Main Street Market a/k/a the Kirkwood Farmer’s Market, that are currently licensed under this article and are operating the same business for which they are licensed.................. |
$0. For those businesses operating at the Main Street Market a/k/a the Kirkwood Farmer’s Market that are not currently licensed under this article or are operating a different business than that for which they are licensed, the business license fee shall be determined in accordance with Section 13-39 and 13-40. |
|
Carnivals, circuses and shows........................... |
$135.00 per day |
|
Commercial rubbish collector/commercial recycling material collector............................... |
$200.00 |
|
Contractors and subcontractors......................... |
$50.00 |
|
Hotels............................................................. |
$7.00 per room, but not less than $35.00 |
|
Itinerant merchants, peddlers and solicitors........ |
$25.00 per day |
|
Plus any additional administrative costs incurred including the cost of the criminal record check |
|
|
Massage therapist and establishments................ |
$200.00 |
|
Private clubs.................................................... |
$7.00 per room, but not less than $35.00 |
|
Bed & Breakfast establishments....................... |
$7.00 per room, but not less than $35.00 |
|
Temporary merchants, operating in a structure such as a building, tent, or trailer for example..... |
$1.50 per one thousand of gross receipts, $2.00 per one thousand of gross receipts if operating in the Special Business District. A cash deposit up to $1,500 is required. (Minimum of $25.00 daily) |
(Ord. No. 8774, §1, 11-19-98; Ord. No. 8822, §2, 6-3-99; Ord. No. 8833, §2, 8-5-99; Ord. No. 8939, §1, 8-17-00; Ord. No. 9106, §1, 11-29-01; Ord. No. 9143, §1, 3-7-02)
Sec. 13‑35. Nature of tax and license and classification of businesses.
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. (Ord. No. 5385, §4, 12‑17‑70)
Sec.
13‑36. Method of 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 for a license to the Finance Director. Upon receipt of said application, the Finance Director shall refer the same to the chief of police or health commissioner or both for investigation as to the effect of such business upon the safety and health of the inhabitants of the city. The Finance 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 the chief of police or health commissioner to whom the application was referred, the Finance Director may issue a 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 and health of the inhabitants of the city. In all cases of denial of a license, the Finance Director shall refer the matter to the city council for review prior to final rejection. (Ord. No. 5385, §5, 12‑17‑70)
Sec. 13‑37. Form of license.
The Finance Director shall prescribe the form of all licenses. Each license issued hereunder shall contain a designation of the period calendar year for which it is issued. (Ord. No. 5385, §6, 12‑17‑70; Ord. No. 6060, §1, 12‑9‑76; Ord. No. 6516, §2, 12‑20‑79)
Sec. 13‑38. License required; penalties.
(a) License required. Every person defined to be a merchant,
manufacturer or service occupation by the provisions of this article shall,
before doing or offering to do business as such, procure from the city Finance Director
a license therefor under the provisions of this article; and, if he shall do
any business, or manufacturing, or make any sales as a merchant, manufacturer,
or service occupation without obtaining a license and paying
the license tax herein shall be subject to the penalties prescribed under Section 1-8 of the Code of
Ordinances. Each day such
person shall continue in business, after demand for payment of the proper
license is made by said Finance Director,
shall constitute a separate offense.
(b) Agents and others liable. It shall be unlawful for any manager, corporation officer,
partner or agent to conduct or assist in the conduct of the business of a
merchant, manufacturer or service occupation without having procured a license,
and upon conviction of violating this section such manager, corporation
officer, partner or agent shall be subject to the penalties
prescribed under Section 1-8 of the Code or Ordinances. Each day that such
violation will continue shall constitute a separate offense.
(c) Employees' liability.
After notice by the Finance Director to any clerk or employee of a merchant, manufacturer or
service occupation that his principal has not procured a license to engage in
such business, it shall be unlawful for such clerk or employee to conduct or
assist in the conduct of the business of such merchant, manufacturer or service
occupation, and upon conviction of violating this section such clerk or
employee shall be subject to the penalties prescribed under
Section 1-8 of the Code or Ordinances.
Each day that such violation shall continue
after notice by the Finance Director shall constitute a separate offense.
(Ord. No. 5385, §7, 12‑17‑70; Ord. No. 5816, §1, 4‑3‑75)
Sec. 13‑39. Returns; of whom required; due date; payment of license tax.
(a) Generally. All merchants, manufacturers and service occupations as herein
defined, except those businesses specifically listed in section 13‑34,
subsection (c) of this article, shall furnish to the Finance Director, no later than the last day of February each year, a sworn
statement on forms to be provided by said director of finance showing
"gross receipts" as defined herein for the calendar year immediately
preceding the first day of January of the year in which the statement is
made. The license tax shall be paid to
the city coincident with the filing of the return.
(b) New businesses.
Applications for licenses shall be completed by any new business and
filed with the director of finance on a form provided for that purpose by the
director of finance. A license fee
shall be paid by any new business for the calendar year in which it commences
to do business as follows:
(1) Any business defined herein as a
merchant, manufacturer or service occupation subject to a gross receipts
license tax or an automobile dealer subject to tax per vehicle sold shall pay a
license tax fee of thirty‑five dollars ($35.00).
(2) Any business defined as a service occupation subject to a license tax pursuant to subsection 13‑34(c), which tax is a fixed amount, shall pay a license tax fee of such amount.
(3) The license tax rate for all businesses
after the initial calendar license tax shall be as provided by this article.
(Ord. No. 5385, §8, 12‑17‑70; Ord. No. 5778, §1, 12‑19‑74; Ord. No. 6506, §§1, 2, 12‑6‑79; Ord. 8939, §1, 8-17-00)
Sec. 13‑40. License tax rates.
There shall be levied on the "gross receipts" of all merchants, manufacturers, and service occupations as defined herein, except those specifically designated in section 13‑34, subsection (c) as subject to a fixed license tax, a license tax paid annually by said merchants, manufacturers and service occupations, calculated on the basis of one dollar ($1.00) per one thousand dollars ($1,000.00) of gross receipts as defined herein; provided, however, that the minimum tax shall be thirty‑five dollars ($35.00). (Ord. No. 5385, §9, 12‑17‑70; Ord. No. 6513, §1, 12‑20‑79)
Sec. 13‑41. Display of license.
All licenses granted by the city shall be carefully preserved and be displayed in a conspicuous place in the place of business authorized to be conducted by said license, or, in the case of coin‑operated amusement devices and coin-operated vending machines, the exhibitor licenses therefor shall be affixed to each device or machine. (Ord. No. 5385, §10, 12‑17‑70; Ord. No. 5796, §3, 2‑13‑75)
Sec. 13‑42. Census of businesses.
On May 1 of each year, or as soon thereafter as practicable, the chief of police shall make a full and detailed census of all persons subject to license in accordance with this Code and shall make prompt and full return thereof to the comptroller separately for each subject or classification of licenses. (Ord. No. 5385, §11, 12‑17‑70)
Sec. 13‑43. Maintenance of adequate records by licensee; inspection.
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 of Missouri sales tax returns and any other necessary records and reports, available at reasonable times for inspection by the Finance Director or his designated representatives for audit purposes to determine the accuracy and truthfulness of any statement made in an application for a license or the payment of a license tax as herein required. The statements or returns made to, or made available for inspection by the Finance Director or his duly designated representative under the requirements of this section shall not be made public nor shall they be subject to the inspection of any person except the mayor, city council, Chief Administrative Officer, Finance Director, or their duly appointed representatives; nor shall such authorized persons disclose, except by order of court, any such privileged information. (Ord. No. 5385, §12, 12‑17‑70; Ord. No. 6068, §1, 12‑9‑76)
Sec. 13‑44. Record of payments.
It shall be the duty of the Finance Director to note on the records the date of payment of each license paid and the expiration date thereof; to add to such records the names of such persons not described therein, who shall appear to said officials subject to any such license, the records shall be at all times kept in conformity. (Ord. No. 5385, §13, 12‑17‑70)
Sec. 13‑45. Finance Director to provide records.
It shall be the duty of the Finance Director to provide such books, documents or notices as shall be necessary to carry into effect the provisions of this article. (Ord. No. 5385, §14, 12‑17‑70)
Sec. 13‑46. License not transferable; separate licenses required.
A license is nontransferable and nonassignable, and shall not be construed to permit the person to whom it is issued to carry on the business or occupation for which the license is obtained at more than one (1) store, place, or stand at the same time within the city. (Ord. No. 5385, §15, 12‑17‑70)
Sec. 13‑47. Enforcement of provisions.
It shall be the duty of the police to prevent any person from conducting any business, trade, calling, amusement or entertainment or other thing for which a license is required by this Code, without first procuring from the Finance Director a license therefor. It is hereby made the duty of the police to report to the Finance Director and the council all violations thereof, to make arrests and to cooperate with the Finance Director and other officials of the city in the enforcement of the provisions of all license laws and ordinances. (Ord. No. 5385, §16, 12‑17‑70)
Sec. 13‑48. Failure to file return; penalty.
In case any merchant, manufacturer or service occupation shall fail, neglect or refuse to deliver the statement herein required and to pay the full and proper amount of license tax due under the provisions of this article at the time provided for herein, or who shall make any false statement or return, or fail to pay any deficiency determined to be due for any of the three (3) preceding years, he shall be subject to the penalties prescribed herein. (Ord. No. 5385, §17, 12‑17‑70)
Sec. 13‑49. Demand for payment by comptroller.
If the Finance Director determines at any time that a licensee has failed to make a proper return or statement, or has not paid the full amount of license tax due by him for any of the three (3) preceding years, or has not paid any obligation or fine due and owing to the City then the Finance Director shall make demand for payment of the deficiency and may refuse to issue any license to such applicant until paid. No license or permit shall be issued to any applicant if said applicant shall have failed or refused to pay any other obligation then due and owing the City of Kirkwood. (Ord. No. 5385, §18, 12‑17‑70)
Sec. 13‑50. Arbitrary assessments for failure to make return, etc.
If a licensee fails to make a return when due, or, having made a return, fails to pay when due, or it be found upon inspection or audit that any return made by a licensee during the previous three (3) years failed to include gross receipts subject to and payable on the basis of the schedule contained Supp. No. 1 in section 13‑40 hereof, the Finance Director may, in addition to all other penalties, determine the true facts by the best information that he can, and shall arbitrarily double the value or amount thereof; and it shall be the duty of the merchant, manufacturer or service occupation to pay his license tax on such arbitrary assessment of gross receipts, as defined herein, in addition to all other penalties provided for delinquencies. (Ord. No. 5385, §19, 12‑17‑70)
Sec. 13‑51. Waiver of arbitrary assessment.
In case the Finance Director is satisfied that the failure to make return and to pay the license tax within the proper time was inadvertent and not willful, he may accept payment of the license tax upon a proper return, verified by the licensee, with such penalties, for delinquency as may have accrued thereon and waive the double assessment. (Ord. No. 5385, §20, 12‑17‑70)
Sec. 13‑52. Delinquent license taxes.
All license taxes due hereunder shall become delinquent on March 1 of the year in which due, and thereafter shall be subject to a penalty of five per cent (5%) of the amount due for the license during the first month of delinquency, and one per cent (1%) of the amount due for the license for each additional month until the penalty amounts to twenty‑five per cent (25%); and this penalty shall be assessed in cases where a merchant, manufacturer or service occupation files a statement as hereunder required, and then fails to pay the license tax due, or when he files a statement which is later found to be incorrect, and it is determined that an additional license tax is due. No penalties provided in this section shall be waived by the Finance Director, and such penalties shall be paid coincident with the payment of the license tax. (Ord. No. 5385, §21, 12‑17‑70)
Sec. 13‑53. False returns; penalty.
Whoever shall make or file with the comptroller under the provisions of this article a false statement under oath shall forfeit his license and be deemed guilty of a misdemeanor; and it shall be the duty of the Finance Director to examine carefully all statements filed with him, and to prosecute all violations of this article according to law; provided that, before instituting any such prosecution, he shall give the merchant, manufacturer or business occupation an opportunity to explain the statement and correct it if inadvertently made; and if it shall appear to the Finance Director that such false statement was willfully and corruptly made, he shall report all the facts to the appropriate legal authority. (Ord. No. 5385, §22, 12‑17‑70)
Sec. 13‑54. Revocation of a license.
(1) Failure
to maintain adequate records as required herein;
(3) Failure to pay any obligation or fine
due and owing to the City;
(b) A license may be revoked after notice
and hearing is given to the licensee.
The notice must include a statement of the intent to revoke the license
and the reasons for the proposed revocation. The hearing
will be held before the Finance Director, and at the hearing, or at any stage
of the revocation proceeding, the licensee may be represented by counsel. At the hearing, the licensee may be offer
evidence, including the testimony of witnesses and the introduction of
documents and cross examine witnesses.
(d) Judicial review, pursuant to the Missouri Administrative
Procedures Act, Chapter 536, R.S.Mo., shall apply to any such final decision of
the Director of Finance.
(Ord. No. 5385, §23, 12‑17‑70)
Sec. 13‑55. Billiard or pool table rooms.
The
operator of a pool and/or billiard table room shall:
(a) Provide
an unobstructed view of the interior thereof from the outside.
(b) Require
that the room be located on the ground floor of the building in which it is
located.
(c) Not
permit the sale, use or consumption of any beverage having an alcoholic content
on the premises.
(d) Not
have more than one telephone serving its premises.
(e) Not
operate or be open for business between the hours of 1 o'clock a.m. Sunday
and 1 o'clock p.m. Sunday, and between the hours of 1 o'clock a.m.
and 8 o'clock a.m. on all other days of the week.
(f) Not
dispense food or beverage other than as provided for in the application for the
license pursuant to other sections of this article.
(g) Not
permit any person under the age of eighteen (18) years upon or in the premises
after 11 o'clock p.m.
(Ord. No. 5385, §24, 12‑17‑70)
Sec. 13‑56. Coin-operated amusement devices.
(a) An
informational application may be required of an exhibitor of coin-operated
amusement devices and shall be made upon forms supplied by the director of
finance of the City of Kirkwood and shall disclose such information as shall be
required by director of finance and by the chief of police of the City of
Kirkwood, including, but not limited to, the following:
(1) The name and address of the applicant or
applicants and whether an individual or individuals, a partnership or a corporation.
(2) If the applicant be a partnership, the
names and addresses of all active and silent partners.
(3) If the applicant is a corporation, the
name of its registered agent in the State of Missouri, the address of its
registered office in the State of Missouri, whether it is a domestic or foreign
corporation, the address of its principal office for the conduct of business in
the State of Missouri, the name and addresses of its president, vice-president,
secretary and treasurer and all directors, the names and addresses of its five
(5) largest stockholders and the percentage of the total stock owned by each of
them; the name and address of the person that will have custody of the books
and records of the applicant relating to the receipts to be derived from any of
the devices for which a license has been applied for and if no officer be a
resident of the State of Missouri, the name and address of the chief manager in
the State of Missouri.
(4) Whether the applicant has received or is
receiving financial assistance in any way, whether by loan, special credit
terms, subsidization or otherwise from any person who either sold, distributed
or manufactured the coin-operated amusement device.
(b) It shall be unlawful to operate as an
exhibitor of coin-operated amusement devices unless it be shown that the
applicant is of good moral character.
It shall be unlawful to operate as an exhibitor of coin-operated
amusement devices any person(s) who has previously been convicted of a crime
involving moral turpitude or who is known to be associated with persons who
have been previously convicted of crimes involving moral turpitude. It shall be unlawful to operate as an
exhibitor of coin-operated amusement devices any partnership or corporation if
any partner or any officer, director of managing officer of a corporation shall
have ever been convicted of a crime involving moral turpitude or if any one of
them is known to be associated with or does associate with persons who have
been convicted of a crime involving moral turpitude. It shall be unlawful to operate as an exhibitor of coin-operated
amusement devices whether individual, partnership or corporation, if said
person is financed in whole or in part in any way by any person who has been
convicted of a crime involving moral turpitude or, if a partnership, if any
partner has been convicted of a crime involving moral turpitude, or if a
corporation, if any officer, director or managing agent has been convicted of a
crime involving moral turpitude.
(c) Every coin-operated amusement device
shall have affixed upon the front thereof in plain view a statement of the name
and address of the distributor of the device or machine; provided that machines
or devices operated by remote control may have such statement attached to one
of the operating outlets which is in plain view.
(d) It shall be unlawful to operate as an
exhibitor of coin-operated amusement devices any coin-operated amusement device
which is so constructed as to make possible, either directly or by the use of an
adjustment, the return of cash, tickets, discs or other tokens or certificates
of any kind to a player operating the same, whether or not such tokens or
certificates have a value of any kind.
Only machines operated exclusively for the amusement provided by the
operation thereof shall be operated and no machine shall return and no
exhibitor shall offer or give any reward or thing of value as reward for the
making of any score or accomplishing any result in the playing of any such
machine or device, except that as a reward for his skill the player may be
given free plays on the device but said free plays shall not be converted,
commuted or exchanged in any way.
(g) All coin-operated amusement devices and
all premises on which such devices and machines are maintained or exhibited
shall be open to inspection by the police department of the City of Kirkwood.
(h) If the chief of police of the City of
Kirkwood shall have reasonable cause to believe that any coin-operated
amusement device is used or being used as a gambling device, such machine or
device may be seized by the chief of police and impounded and, if, upon trial
of the exhibitor of such coin-operated amusement device for allowing it to be
used as a gambling device, the said exhibitor is found guilty, such machine or
device shall be destroyed by the chief of police.
(i) If the chief of police shall have
reason to believe that any exhibitor of a coin-operated amusement device is
guilty of a violation of or the failure to comply with any of the provisions of
the ordinances of the City of Kirkwood relating to the exhibiting of such
machines and devices. The chief of
police shall give notice to the exhibitor of such violations. If the said exhibitory has not, within five
(5) days of such notice, ceased such violation, the chief of police shall seize
and impound all of the coin-operated amusement devices which are situated
within the City of Kirkwood pending the trial of such exhibitor for such
violation. If the exhibitor is found
guilty of the violation as charged by the chief of police, the said exhibitor
shall pay to the director of finance of the City of Kirkwood, in addition to
any fine levied by the court, the sum of ten dollars ($10.00) for each machine
or device impounded by the chief of police and obtain a receipt therefor and,
upon exhibiting said receipt to the chief of police, shall be entitled to
regain possession of each machine or device so impounded.
(Ord. No. 5385, §25, 12‑17‑70)
Sec. 13‑57. Coin-operated vending machines.
(a) An informational application may be
required of an exhibitor of coin-operated vending machines and such application
shall be made upon forms supplied by the director of finance of the City of
Kirkwood and shall disclose such information as shall be required by the director
of finance and by the chief of police of the City of Kirkwood, including, but
not limited to, the following:
(1) The name and address of the applicant or
applicants and whether an individual or individuals, a partnership or a
corporation.
(2) If the applicant be a partnership, the
names and addresses of all active and silent partners.
(3) If the applicant is a corporation, the
name of its registered agent in the State of Missouri, the address of its
registered office in the State of Missouri, whether it is a domestic or foreign
corporation, the address of its principal office for the conduct of business in
the State of Missouri, the names and addresses of its five (5) largest
stockholders and the percentage of the total stock owned by each of them; the
name and address of the person that will have custody of the books and records
of the applicant relating to the receipts to be derived from any of the devices
for which a license has been applied for and if no officer be a resident of the
State of Missouri, the name and address of the chief manager in the State of
Missouri.
(4) Whether the applicant has received or is
receiving financial assistance in any way, whether by loan, special credit
terms, subsidization or otherwise from any person who either sold, distributed
or manufactured the coin-operated vending machine.
(b) It shall be unlawful to operate as an
exhibitor of coin-operated vending machines any applicant unless it be shown
that the applicant is of good moral character.
It shall be unlawful to operate as an exhibitor of coin-operated vending
machines any applicant who has previously been convicted of a crime involving
moral turpitude or who is known to be associated with persons who have been
previously convicted of crimes involving moral turpitude. It shall be unlawful to operate as an
exhibitor of coin-operated vending machines any partnership or corporation if
any partner or a partnership or any officer, director or managing officer of a
corporation shall have ever been convicted of a crime involving moral
turpitude. It shall be unlawful to
operate as an exhibitor of coin-operated vending machines any person, whether
individual, partnership, or corporation, if said is financed in whole or in part
in any way by any person who has been convicted of a crime involving moral
turpitude, or if a partnership, if any partner has been convicted of a crime
involving moral turpitude, or if a corporation, if any officer, director or
managing agent has been convicted of a crime involving moral turpitude.
(c) Every coin-operated vending machine
shall have affixed upon the front thereof in plain view a statement of the name
and address of the distributor of the device or machine.
(d) All coin-operated vending machines and
all premises on which such devices and machines are maintained or exhibited
shall be open to inspection by the police department of the City of Kirkwood.
(e) If the chief of police shall have reason to believe that