City Clerk

Chapter 13

LICENSES AND BUSINESS REGULATIONS*

Art. I. In General, §§ 13—1—13—31
Art. II. Occupational Licenses Generally, §§ 13—32—13—80Art. 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.

(b) All licenses shall be required to adhere to all provisions of the Kirkwood Code of Ordinances and such licenses are issued subject to compliance with all Code provisions. In the event the license operates in violation of any provisions of the Code of Ordinances, such license may be revoked by the Director of Finance in accordance with the provisions set forth herein. In such case, no refund shall be due or payable to the licensee.

(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 1½ tons, wholesale or retail, and $6.00 for each new truck 1½ 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.

(a) In addition to the other penalties prescribed herein, any licensee may have the business license issued under the Ordinances of the City of Kirkwood revoked by the Director of Finance at any time during the effective period of such license for good cause, which shall include but is not limited to, the following:

(1) Failure to maintain adequate records as required herein;

(2) Failure to properly file returns as required herein and pay the full and proper amount of any license tax due;

(3) Failure to pay any obligation or fine due and owing to the City;

(4) Failure to accurately and completely provide information to the City in the application or renewal process or concerning the nature of the business for which the license is being sought;

(5) Failure to obtain an unconditional occupancy permit within the period of time mandated by the Public Works Department;

(6) Engaging in any conduct or the allowance of any conduct on the premises which is injurious to public health, safety and welfare;

(7) Any violation by the licensee of any ordinances of the City of Kirkwood or the State of Missouri; and

(8) Failure to pay any sales tax, as collected and as provided by law, to the Department of Revenue, State of Missouri provided, however, that such revocation shall not become final for ten (10) days following receipt of such notice of deficiency during which time such licensee shall have the opportunity to correct any sales tax deficiency, or upon notification of properly satisfying any and all sales tax obligations to the State of Missouri, the Director of Finance may reinstate a license.

(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.

(c) The Finance Director must issue a decision regarding the proposed revocation of the license within twenty-one (21) days of such hearing. The decision of the Finance Director shall be final.

(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 any exhibitor of a coin-operated vending machine 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 exhibitor 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 vending machines which are situated within the City of Kirkwood and shall hold the same 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.

(f) Nothing contained in this section shall be construed so as to release any exhibitor of a coin-operated vending machine from complying with any other ordinances of the City of Kirkwood which regulate or control the sale or distribution of the products or services dispensed by said coin-operated vending machine.

Secs. 13—58—13—80. Reserved.

(Ord. No. 5796, §5, 2-13-75; Ord. No. 8939, §1, 8-17-00; Ord. No. 9267, §1, 8-7-03)

Editor's note—Ord. No. 6010, adopted Aug. 19, 1976, repealed 13—58, pertaining to outdoor advertising, derived from Ord. No. 5385, adopted Dec. 17, 1970.

 

ARTICLE III. LICENSING AND REGULATION OF CERTAIN OCCUPATIONS

 

DIVISION 1. MASSAGE PARLORS AND ESTABLISHMENTS

Sec. 13—81. Policy.

It is hereby declared that the business of operating massage parlors and establishments as defined herein is a business affecting the public health, safety and general welfare. (Ord. No. 5673, §1, 3—7—74)

Sec. 13—82. Definitions.

As used in this division, the following words, terms and phrases shall have the meaning ascribed to them in this section, unless the context clearly indicates otherwise:

(a) Applicant. Any person who applies for a license as required herein. If the applicant is a partnership, each partner shall be deemed an applicant. If the applicant is a corporation or other firm, association, or company, the owner of a majority of such entity shall be deemed an applicant.

(b) Employee. Any person, other than a massage technician, masseur, or masseuse who renders any service to a patron in connection with the operation of a massage parlor and who receives compensation directly or indirectly from the operation or owner of the massage parlor or its patrons.

(c) Massage. Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the structure of the human body or external parts of the human body with the human hand or with the aid of any instrument or mechanical or electrical apparatus whether or not applied with such substances or supplementary aids as rubbing alcohol, liniment, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations or substances.

(d) Massage parlor. Any establishment having a fixed place of business where massages are administered or where any person engages in or carries on, or permits to be engaged in or carried on, any or all of the activities mentioned in the definition of "massage"; provided, however, that nothing herein contained shall be construed to include a duly licensed hospital, nursing home, medical clinic, or duly licensed physician, surgeon, physical therapist, chiropractor, osteopath, naturopath, podiatrist, or persons holding a drugless practitioner's certificate under the laws of this state. Furthermore, this definition shall exclude from its operation barbershops or beauty salons (i.e., duly licensed barbers or cosmetologists) in which massages are administered only to the scalp, the face, the neck or the shoulders.

(e) Massage technician, masseur, masseuse. Any person who for any consideration whatsoever administers a massage to another person at a massage parlor.

(f) Patron. Any person over eighteen (18) years of age who receives a massage at a massage parlor under such circumstances that it is reasonably expected that he or she will pay money or give other consideration thereof.

(g) Recognized school. Any school or institution of learning which has for its purpose, or among its chief purposes, the teaching of the theory, method, profession, or work of massage, provided that such recognized school shall require a resident course of study of at least seventy (70) hours before a student shall be entitled to receive a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, and provided further that such school shall have, prior to the issuance of the diploma or certificate, been approved pursuant to the governing regulations of the state in which said school or institution is located.

(h) Permittee. The person to whom a permit has been issued to act in the capacity of a massage technician (masseur or masseuse).

(i) Sexual or genital area. Genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.

Sec. 13—83. Minimum standards.

No license to conduct a massage establishment shall be issued unless an inspection by the building commissioner or designee reveals that the establishment complies with each of the following minimum requirements:

(1) Disinfecting and sterilizing equipment. The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.

(2) Closed storage areas. Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas.

(3) Linen and towels. Clean linen and towels shall be provided for each patron. No common use of towels or linens shall be permitted.

(4) Dressing, locker, bathing and toilet facilities. Adequate dressing, locker, bathing, if any, and toilet facilities shall be provided in convenient locations. In the event female patrons are to be served simultaneously, separate dressing, locker, bathing, if any, toilet and massage room facilities shall be provided. Separate toilet and lavatory facilities shall be maintained for personnel. Doors to all dressing rooms shall be self closing.

(5) Lavatories or washbasins. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels.

(6) Plumbing and electrical equipment. All plumbing and electrical equipment shall be installed in accordance with the requirements of the applicable plumbing code and electrical code.

(7) Facilities. All walls, ceilings, floors, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry.

Sec. 13—84. Operating requirements.

(a) Sanitation. Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

(b) Posting of rates. Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.

(c) Cleanliness of employees; dressing rooms. All employees, including masseurs and masseuses, shall be clean and wear clean, nontransparent outer garments, covering the sexual and genital areas, whose use is restricted to the massage establishment. A separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.

(d) Clean sheets and towels. All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.

(e) False or misleading advertising. No massage establishment granted a license under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services.

Sec. 13—85. Persons under age eighteen prohibited on premises.

No person shall permit any person under the age of eighteen (18) years to come or remain on the premises of any massage establishment, as massagist, employee or patron.

Sec. 13—86. Alcoholic beverages prohibited.

No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage establishment.

Sec. 13—87. Employment of masseur/masseuse.

No person shall employ as a masseur or masseuse any person unless the person has obtained and has in effect a permit issued pursuant to this article.

Sec. 13-88. Inspection required.

The building commissioner or designee and the chief of police or authorized representative shall from time to time make inspection of each massage establishment for the purpose of determining full compliance with the provisions of this article. It shall be unlawful for any licensee to fail or to allow such persons access to the premises or hinder such persons in any manner.

Sec. 13-89. Unlawful acts.

(a) It shall be unlawful for any person in a massage establishment to touch with his or her hands or other part of the body, to fondle or massage in any manner the sexual or genital areas of any other person.

(b) It shall be unlawful for any person while in the presence of any other person in a massage establishment to fail to conceal with a fully opaque covering the sexual or genital areas of his or her body.

(c) It shall be unlawful for any person to engage in outcall massage service.

(d) It shall be unlawful for any licensee hereunder, or any person owning, operating or managing a massage establishment knowingly to cause or permit any massage therapist or employee to perform any of the acts prohibited by this section.

(e) It shall be unlawful for any massage therapist to massage a person of the opposite sex, except upon the written order of a person licensed to practice the healing arts under the laws of the state.

Sec. 13-90. Applicability to existing massage therapists.

Applicants for a massage therapist permit may substitute one year's continuous experience as a masseur or masseuse in lieu of the requirement of a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method and work of massage is taught. Such masseur or masseuse must obtain an affidavit attesting to such experience occurred. If, after diligent effort, the masseur or masseuse is unable to obtain an affidavit from the owner, such masseur or masseuse may submit an affidavit from a person who had firsthand knowledge of his or her continuous year of experience.

Sec. 13-91. License required; application.

(a) It shall be unlawful for any person to establish, maintain or conduct any massage business within the City unless such person has made application for and secured a license to do so from the City.

(b) Any person desiring a license pursuant to this article shall submit an application to the Director of Finance along with a nonrefundable application fee of $50 in addition to the license fees required under Section 13-34. Each application shall include the following information:

(1) The name and residence address of each applicant; and if the applicant is a partnership or corporation, then the names and residence addresses of all partners and principals;

(2) The location and mailing address of the proposed business;

(3) A statement of the services and facilities to be provided;

(4) Satisfactory proof that the applicant is at least eighteen (18) years of age;

(5) Two (2) current portrait photographs (taken within six months of application) at least two inches by two inches of each applicant;

(6) The business, occupation and employment of the applicant for the three (3) years immediately preceding the date of application;

(7) All criminal convictions other than misdemeanor traffic violations;

(8) The qualifications, training and experience of the applicant, including documentation evidencing any course, study or experience of applicant in performing massages, and the history of applicant in connection with such business including names of employers and associates, locations and dates;

(9) A list of all masseurs and masseuses who work at the massage business, including the information specified in Section 13-96 of this Code.

(10) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant.

Sec. 13-92. Investigation.

The application under this article shall be referred to the building commissioner or designee and the police department for investigation, including inspection of the proposed premises, and a report of the character and qualifications of the applicant.

Sec. 13-93. Issuance.

The director of finance shall issue a license for a massage establishment upon satisfaction of the conditions and requirements set forth in this article, including confirmation of the following:

(1) Compliance with the "Minimum Standards" set forth in Section 13-83;

(2) The premises and location of the proposed massage establishment would not be in violation of any City codes pertaining to building, health, housing, zoning and fire as certified by the fire chief and building official;

(3) The applicant has not been convicted of a criminal act which constitutes either a felony, an offense involving obscenity or prostitution, or an offense involving immoral conduct;

(4) The applicant has not made any false, fraudulent or misleading statements in the license application;

(5) The applicant is at least eighteen (18) years of age;

(6) The applicant has satisfactorily completed a course of training in a recognized school, or in the alternative has equivalent on the job training and experience;

(7) The applicant has not had a massage parlor, massage business or other similar license revoked by the City or any other governmental entity anywhere within two years of the present application.

Sec. 13-94. Suspension or revocation.

Any massage establishment license may be suspended or revoked by the director of finance for the violation of any of the provisions of this article or for any act or conduct which would be sufficient cause for the denial of a license upon an original application. Before any such suspension or revocation, the licensee shall be given at least five (5) days' written notice of the specific charges and an opportunity for a hearing and presentation of evidence bearing upon the question before the director of finance.

Sec. 13-95. Transfer.

No license shall be transferable except with the written consent of the city; provided, however, that upon the death or incapacity of the licensee, the massage establishment may continue in business for a reasonable period of time to allow for an orderly transfer of the license.

Sec. 13-96. Massage technician permit.

(a) It shall be unlawful for any person to practice massage unless a valid permit has been issued by the City pursuant to the provisions herein.

(b) Prior to employing any person as a masseur or masseuse, an application for a permit shall be made to the director of finance. Each application shall include information as follows:

(1) The name and residence address of the applicant;

(2) The social security number of the applicant;

(3) Satisfactory proof that the applicant is at least eighteen (18) years of age;

(4) Two (2) current portrait photographs (taken within six months of application) at least two inches by two inches, and a complete set of fingerprints taken by the police department;

(5) The business, occupation and employment of the applicant for the three (3) years immediately preceding the date of application;

(6) All criminal convictions other than misdemeanor traffic violations;

(7) The training and experience of the applicant in the massage business, and the history of applicant in connection with such business including names of employers and associates, locations and dates;

(8) Authorization to the City to seek information and conduct an investigation concerning the matters set forth in the application and the qualifications of the applicant for the permit;

(9) The applicant for a massagist permit shall furnish to the City a recent certificate by a licensed physician stating that upon examination the applicant is free of communicable disease, and thereafter such a certificate shall be furnished semiannually as a condition to the continuation of the permit.

(c) Each applicant for a massage technician permit shall pay a nonrefundable annual permit fee of $50 per year or any part thereof.

(d) The application for a permit shall be referred to the police department for investigation and a report of the character and qualifications of the applicant.

(e) The director of finance shall within thirty (30) days issue a permit for a massage therapist upon approval by the license inspector and compliance with all appropriate provisions of this chapter, and upon the findings, as follows:

(1) The applicant has not been convicted of a criminal act which constitutes either a felony, an offense involving sexual misconduct, an offense involving obscenity or prostitution, or an offense involving immoral conduct;

(2) The applicant has not made any false, fraudulent or misleading statements in the permit application;

(3) The applicant is at least eighteen (18) years of age;

(4) The applicant has satisfactorily completed a course of training in a recognized school, or in the alternative has equivalent on the job training and experience.

Sec. 13-97. Suspension or revocation of permit.

Any massage therapist permit may be suspended or revoked by the director of finance for the violation of the provisions of this chapter or for any act or conduct which would be sufficient cause for the denial of a permit upon an original application. Before any such suspension or revocation, the permittee shall be given at least five (5) days' written notice of the specific charges and an opportunity for public hearing and presentation of evidence bearing upon the question. (Ord. No. 8466, §1, 11—16—95)

Secs. 13—98—13—100. Reserved.

DIVISION 2. CONTRACTOR'S BUSINESS LICENSES

Sec. 13-101. Business License-Required For Contractors.

No contractor or builder engaged in work requiring City permits shall do business within the City until such contractor shall obtain a contractor's business license from the City. Contractor shall include sign erectors, general contractors, electrical contractors, mechanical contractors, plumbing contractors, and other businesses performing work within the City which require a permit from the Building Commissioner.

Sec. 13-102. Exceptions.

The foregoing provision does not apply to any person who performs labor or services for a salary or wages as an employee, nor to any person who is performing labor or services for a salary or wages as an employee, nor to any person who is performing labor or services with respect to property owned and such property has been or will be occupied by such person for a minimum of one year from the date construction commences. (Ord. No. 8827, 7-1-99)

Sec. 13-103. Application for Contractor's Business License.

Application for such business license shall be on a form prescribed by the Building Commissioner and shall, among other information as may be required by the Building Commissioner, require the following information:

(a) Office address of the applicant;

(b) Names and residential addresses of the proprietor or partners if the applicant is not a corporation;

(c) Names and residential addresses of the officers if the applicant is a corporation.

Sec. 13-104. License to be Issued, When.

A contractor's business license, allowing the name holder to perform contracting in the City of Kirkwood, shall be issued by the Building Commissioner upon:

(a) Payment of a fee of fifty dollars ($50); and

(b) Receipt of an original Certificate of Insurance issued to the City of Kirkwood certifying the contractor has coverage as follows:

Workers Compensation  State Requirements

(If more than one employee)

General Commercial Liability  $300,000

Per occurrence

Products/Completed Operations, $300,000

Aggregate

and

(c) Review by the Building Commissioner that applicant has not committed any act defined herein as a prohibited act or unlawful act.

Sec. 13-105. Term of Contractor's Business License.

The contractor's business license shall be valid for a term of one (1) year from the date of issuance, except that the license shall be revoked at the expiration date of any of the required insurance coverage.

(Ord. No. 9468, §1, 3-17-05)

Sec. 13-106. Prohibited Acts.

The following acts are hereby determined to be "prohibited acts" as that term is used herein:

(a) Abandonment or willful failure to perform, without justification any home improvement contract or project engaged in or undertaken by a contractor, or willful deviation from or disregard of plans or specifications in any material respect without the consent of the owner and approval of appropriate regulating agency.

(b) Making any substantial misrepresentation in the solicitation or procurement of a home improvement contract, or making any false promise of a character likely to influence, persuade, or induce.

(c) Committing any fraud in the execution of, or in the material alteration of any contract, mortgage, promissory note, or other document incident to a home improvement transaction.

(d) Preparing or accepting any mortgage, promissory note, or other evidence of indebtedness upon the obligations of a home improvement transaction with knowledge that it recites a greater monetary obligation than the agreed consideration for the home improvement work.

(e) Willful or deliberate disregard and violations of the building, plumbing, electrical, sanitary, fire and health ordinances of the City of Kirkwood or failure to abate violations of these ordinances.

(f) Failure to notify the Building Commissioner of any change or control in ownership, management, or business name or location.

(g) Conducting a contracting or building business in any name other than the one under which the contractor is licensed.

(h) Willful failure to comply with any order, demand, rule, regulation, or requirement made by the Building Commissioner pursuant to the provisions of the Code of Ordinances.

(i) Promise or offer to pay, credit, or allow to a buyer any compensation or reward for the procurement of a home improvement contract with others.

(j) Failure to carry insurance ad required by Section 13-111 herein.

Sec. 13-107. Unlawful Acts.

The following acts shall be deemed an "unlawful act" as that term is used herein:

(a) Engage in fraud, misrepresentation, bribery, or attempted bribery in the securing of a license.

(b) Violate any provisions of the Code of Ordinances of the City of Kirkwood.

Sec. 13-108. Revocation-Basis For.

Upon a finding of the Building Commissioner that any licensed contractor or builder has committed any act defined herein as a prohibited act or unlawful act, the Building Commissioner may issue a notice of revocation. Such notice shall indicate that unless a hearing is sought as provided below, the license of such contractor or builder shall be revoked within thirty (30) days of the date of such notice.

Sec. 13-109. Hearing for Revocation or Rejection of License.

Any contractor or builder who shall receive a notice of revocation or any contractor or builder whose application for a license has been rejected by the Building Commissioner shall be entitled to a hearing. Such contractor shall request such a hearing in writing with the Building Commissioner within thirty (30) days of the date of the notice of such revocation or rejection. If such a hearing is requested, the Building Commissioner shall set a time and place within thirty (30) days. The Building Commissioner shall conduct the hearing. Any party may be represented by counsel. After hearing all parties and evidence, the Building Commissioner may affirm, reverse, or modify his decision.

Sec. 13-110. Penalty-Prohibited, Unlawful Acts.

The commission of any of the acts described herein as prohibited acts or unlawful acts shall be deemed to be violations of the Code of Ordinances, subject to the penalty provisions set forth in Section 1-8, Code of Ordinances.

Sec. 13-111. Engaging in Business Without License.

Any person who shall engage in the conducting of any contracting or building business without obtaining a license herein shall be deemed to be in violation of the Code of Ordinances subject to the penalty provisions set forth in Section 1-8, Code of Ordinances. (Ord. 8200, 4-15-93)

Secs. 13—118—13—120. Reserved.

DIVISIONS 3, 4, 5. RESERVED*

Secs. 13—121—13—182. Reserved.

DIVISION 6. RESERVED**

Secs. 13—183—13—215. Reserved.

DIVISION 7. GASOLINE DEALERS

Sec. 13—216. Occupational license required.

No person shall, without first obtaining an occupational license required by this chapter, engage in the business of selling gasoline in the city, or transport gasoline in the city or sell gasoline in or from any barrels, tanks, trucks or other containers. (Gen. Ords. 1959, §43.01(a))

Secs. 13—217—13—234. Reserved.

 

 

DIVISION 8. HORSE-DRAWN CARRIAGES

Sec. 13—235. Definitions.

(a) Carriage means any device in, upon or by which any person is or may be transported or drawn upon a public way, designed to be or capable of being drawn by a horse.

(b) Horse means an animal of the genus equis.

(c) Veterinarian means a practicing veterinarian licensed by the State of Missouri.

Sec. 13-236. Carriage license required.

(a) Application for horse-drawn carriage licenses shall be made in writing, signed and sworn to be the applicant or if applicant is a corporation, by its duly authorized agent, upon forms provided by the finance director. The application shall contain the full name and residence address of all drivers; place of business; the business telephone number of the applicant; and the carriage manufacturer's name, model, length of time in use, seating capacity, and type of brake system of the carriage which applicant will use.

(b) For each carriage licensed under this article, the applicant shall pay $35.00 plus the special business district fee.

(c) If the applicant and all other statements and documents required to be filed with said applicant have been properly executed, a license will be issued for each horse-drawn carriage applied for to terminate one year from the date of issuance.

(d) All drivers of a horse-drawn carriage shall be eighteen (18) years of age and not have been convicted of any crime or misdemeanor involving violence, physical abuse or mortal turpitude. All drivers must have knowledge of the handling and driving of horses.

(e) Every horse-drawn carriage licensee shall carry public liability and property damage insurance and workmen's compensation insurance for his employees with solvent and responsible insurers authorized to transact such insurance in the State of Missouri, and qualified to assume the risk for the amounts hereinafter set forth under the laws of the State of Missouri, to secure payment of any loss or damage resulting from any occurrence arising out of or caused by the operation or use of any of the licensee's horse-drawn carriages. The public liability insurance policy or contract may cover one or more horse-drawn carriages but each horse-drawn carriage shall be insured for property damage and for injuries or death, for the sum of at least one hundred thousand dollars ($100,000.00) per individual and eight hundred thousand dollars ($800,000.00) per occurrence.

Sec. 13-237. Requirement as to horses and drivers.

No horse shall be used to draw a carriage unless the following requirements are met:

(a) The horse shall be fit for such work.

(b) The hooves of the horse must be properly shod and trimmed, utilizing rubber coated, rubber heal pads or open steel barium tip shoes to aid in the prevention of slipping.

(c) The horse must be groomed daily.

(d) The driver of a horse-drawn carriage must have in his or her possession at all times such carriage is in operation, a license for the carriage being driven.

(e) All harnesses and bits shall be used and maintained in accordance with the manufacturing design.

(f) No horse shall be utilized to pull a carriage carrying more passengers than such a carriage is designed to carry by the manufacturer, nor shall a carriage be pulled by fewer animals than provided for by such design.

(g) No horse drawing a carriage shall be worked at a speed faster than a slow trot.

(h) All horses shall be equipped with a wastecatching device while on any public way. Any waste or debris resulting from the horse or carriage shall be immediately removed by the driver.

(i) All horses used to draw vehicles for hire in the City of Kirkwood shall be made available for examination by a veterinarian upon twenty-four hour notice. Failure to allow such examination shall be grounds for immediate termination of the license.

Any violation of this provision shall subject the applicant and the driver to the penalties prescribed under Section 1-8 of the Code of Ordinances and shall be grounds for termination of the license.

Sec. 13-238. Carriage requirements.

(a) A horse-drawn carriage licensee and the licensee's agents shall at all times allow complete access to any carriages, horses and any facilities used by the licensee in the course of operating horse-drawn carriages within the City of Kirkwood for purposes of inspection.

(b) All horses drawing horse-drawn carriages shall be kept in compliance with the applicable provisions of this Municipal Code, the laws of the State of Missouri, and federal law.

(c) All horse-drawn carriages shall be equipped with lights visible from the front and side, an approved brake system and rubber tires. All carriages and drivers shall comply with any applicable requirements of the State of Missouri and this Municipal Code, including but not limited to traffic laws and ordinances. All carriages shall display the international sign for slow-moving vehicles on the rear of such carriage.

Sec. 13-239. Time of Operation.

No horse-drawn carriage may be driven on any city street before 9:30 a.m. or after 12:00 p.m., or on Monday through Fridays during the hours of 4:00 p.m. to 6:00 p.m.

Sec. 13-240. Application of article.

No person may operate a horse-drawn carriage for compensation, nor may the owner thereof permit such operation upon the public streets in the City of Kirkwood except at the times described in Section 13-239, nor may a carriage be so operated unless the carriage is licensed as a horse-drawn carriage. (Ord. 8209A, 5-6-93)

Secs. 13—236 - 262. Reserved.

DIVISION 9. TOW TRUCKS*

Sec. 13—263. Definitions.

As used herein, the following terms shall have the meanings, qualifications and descriptions as indicated, provided that the masculine pronoun wherever used shall include the feminine pronoun and the singular, the plural.

Comptroller: The comptroller of the city.

County: That part of St. Louis County, Missouri, outside of incorporated cities, towns and villages.

Cruising: Operating a tow truck on a public highway at a slow rate of speed or in any other fashion for the purpose of soliciting business along said highway.

Highway: Any highway, road, street or alley open to the use of the public for the purpose of vehicular traffic.

Municipality: A city, town or village which has been duly incorporated in accordance with the laws of the state, as a unit of local government. Said definition shall include the City of St. Louis.

Owner: Any person who holds legal title to a vehicle or one who has the legal right to possession thereof.

Person: Any individual, co—partnership, firm, association, company or combination of individuals, of whatever form or character.

Short wave receiver: A radio receiver which is capable of operating on a frequency assigned by the Federal Communications Commission for fire, police, municipal or other governmental uses.

Soliciting: Requesting or attempting to sway an owner, his lawful agent or representative to give permission to a tow truck to remove, repair or store a vehicle for monetary consideration, without a previous request from the owner, his lawful agent or representative.

Tow truck: A mechanically propelled vehicle equipped with a device used to hoist and tow, transport, convey or move other vehicles from place to place upon authorization of the owner, his lawful agent or representative.

Vehicle: Every device, whether mechanically propelled or drawn, in or by which any person or property is or may be moved upon a public highway, except devices moved only by human or animal power or a device which works exclusively upon stationary rails or tracks, and shall include trailers and semi—trailers.

(Ord. No. 6665, §1, 11—20—80)

Sec. 13—264. License required.

(a) It shall be unlawful for any person to operate a tow truck within the city unless that person shall first obtain a license from the comptroller for said tow truck, or unless said person shall be exempt by reason of one or more of the exemptions enumerated in paragraph (b) herein. Application for a license shall be made on a form furnished by the comptroller and any license issued shall be affixed to the lower left corner of the windshield of the tow truck for which the license is obtained.

(b) No license shall be required of any person whose principal place of business is not located within the boundaries of the city but who is operating a tow truck in the city, if such tow truck has affixed to its windshield a license obtained from St. Louis County or a municipality, which municipality has an ordinance similar to this division. The aforementioned license must be valid for the current year and the licensee must comply with all requirements of the applicable ordinance.

(Ord. No. 6665, §1, 11—20—80)

Sec. 13—265. Requirements for license.

The application for said license shall contain the following:

(a) If a natural person, the name and address of the applicant, the date and place of birth, and Missouri state operator's license number.

(b) If a corporation, the corporate name, the state under which incorporated, the address of the principal office, and the names and addresses of its officers.

(c) If any other type of organization, the name thereof, the location of its office, and the names and addresses of the principal officers, director, trustees, or managing officials or partners.

(d) The business address from which the tow truck will operate and the number of said vehicles to be operated.

(e) A description of each tow truck, giving also the serial and motor number of each vehicle.

(Ord. No. 6665, §1, 11—20—80)

Sec. 13—266. Issuance of license.

(a) Such license shall be issued by the comptroller unless he finds one or more of the following:

(1) Intentional misstatements or misleading statements of fact in the application.

(2) Any parties interested in the proposed operation of a tow truck in the city, having been convicted of any violation of any statute, law or ordinance involving theft, possession of stolen property or interstate transportation of stolen vehicles, or who have previously had a business license suspended or revoked.

(3) Any party interested in the proposed operation has at any time within the preceding three (3) years permitted a tow truck to be operated by a person not legally authorized to operate such vehicle.

(4) A report from the chief of police or his delegate setting forth reasons why such license should not be issued due to the character of the applicant.

(5) Failure to pay the required application fee.

(b) Each applicant shall be notified by mail or by hand delivery of the issuance or nonissuance of a license by the comptroller.

(c) If the comptroller does not issue a license, the reasons for his not doing so shall be in writing and shall accompany the notice of nonissuance.

(d) The comptroller's determination of nonissuance may be appealed under the provisions of Section 536.150, RSMo 1978, or other applicable state statutes.

(Ord. No. 6665, §1, 11—20—80)

Sec. 13—267. License fee; term.

(a) The fee for the issuance of a license under this chapter shall be twenty—five dollars ($25.00) for each tow truck, said fee to accompany the license application. No part of said fee shall be returnable.

(b) The term of said license shall be for one year from the date of issuance and said permit shall be subject to revocation by the comptroller at any time or may be renewed as provided herein.

(c) In order that all licenses may be renewable on a calendar year basis, licenses may be issued by the comptroller during the year which expire on December 31 of such year, at the following rates:

(1) Licenses issued January through March.............................................................. $25.00

(2) Licenses issued April through June..................................................................... $20.00

(3) Licenses issued July through September............................................................. $15.00

(4) Licenses issued October through December......................................................... $10.00

(Ord. No. 6665, §1, 11—20—80)

Sec. 13—268. License renewal procedure.

(a) Within thirty (30) days prior to the expiration of the license, a license may apply to the comptroller for a renewal thereof.

(b) The licensee shall indicate any changes from the information furnished to the comptroller at the time of the original application.

(c) An application for renewal shall be accompanied by a renewal application fee of twenty—five dollars ($25.00) no part of which shall be returnable.

(d) The comptroller shall renew said license if he shall find that said operation shall have been conducted in accordance with all applicable laws and ordinances.

(e) If the comptroller does not renew said license, the procedures set forth in section 13—266(d) herein shall be followed.

(Ord. No. 6665, §1, 11—20—80)

Sec. 13—269. License suspension or revocation procedure.

(a) The comptroller may suspend for a period up to ninety (90) days or revoke a license heretofore issued, if he finds one or more of the following:

(1) Intentional misstatements or misleading statements of fact in the application not discovered until after the issuance of said license.

(2) Violation of any statutes or ordinances pertaining to theft, possession of stolen property, or interstate transportation of stolen vehicles.

(3) The operation of a tow truck by a person not legally authorized to do so.

(b) In the event the comptroller revokes said license, the licensee shall be entitled to a hearing before the comptroller upon notice duly given ten (10) days prior to the date of such hearing. The decision of the comptroller and the reasons therefor shall be served by either delivering a copy thereof to the person named or by leaving a copy of the notice at the institution named in the permit.

(Ord. No. 6665, §1, 11—20—80)

Sec. 13—270. Transfer of license.

No license issued under this division may be transferred by the person to whom it is issued to any other person or any other vehicle than that to which it was issued without the consent and approval in writing of the comptroller; and a transfer or attempted transfer thereof, or any change in the name of the licensee, without the approval of the comptroller in writing, shall render the permit absolutely void and cause the immediate forfeiture of the permit and all rights granted hereunder. (Ord. No. 6665, §1, 11—20—80)

Sec. 13—271. Vehicle labeling.

On each side of a tow truck, there shall be legibly printed in letters not less than two (2) inches in height the following:

(a) Name and address of the licensee and the license number assigned to him by the comptroller.

(b) The phrase "licensed tow vehicle—City of Kirkwood."

(c) The phrase "request schedule of prices before engaging this vehicle."

(Ord. No. 6665, §1, 11—20—80)

Sec. 13—272. Operational requirements and forms statement.

(a) The owner of a tow truck shall prepare and file in triplicate with the comptroller a schedule of prices to be charged for the towing and storage of vehicles. Such schedule may be based on time, mileage or a combination of both. In addition said schedule may include the minimum charge for any undertaking involving towing and storage. One copy of said schedule shall be retained by the comptroller, one copy shall be returned to the applicant upon the issuance of a license and one copy shall be forwarded to the chief of police.

(b) Prior to the undertaking of a tow, the licensee or his agent shall present said schedule to the customer for his examination if such tow is at the request of the owner of the vehicle or his agent. Said schedule shall be on a special printed form approved by the comptroller which shall serve not only to advise a customer of the basis of charges under which the towing is to be done, but also as an authority for the commencement of the tow as a work order. This printed form shall be in duplicate and the customer shall sign in a space provided below a bold face printed statement declaring "I have examined the schedule of prices and I hereby authorize the towing of my vehicle." A licensee or his agent or employee shall give one copy to the customer and shall retain the original for his files. If a tow is made upon oral instruction of an owner of a vehicle known to the operator such schedule shall be delivered to and executed by the owner as soon as practicable after the tow has been made. If a tow is made at the request of a commissioned police officer of the city, the licensee shall present the schedule to the owner of the vehicle or his agent when the vehicle is returned to the owner or his agent.

(c) This original statement shall be retained by the licensee for a period of one year and shall be exhibited by him upon demand to the comptroller or his authorized representative.

(d) It shall be unlawful to charge a sum in excess of that authorized by the schedule filed with the comptroller.

(e) The form used by the licensee as hereinbefore mentioned shall, in addition to the information contained in section 13—271(b), contain the following:

(1) The full name and address of the licensee.

(2) The full name and address of the driver of the tow truck.

(3) The full name and address of the person engaging the tow truck.

(4) The state license plate number or the state vehicle identification number of the vehicle to be towed.

(5) The state license plate number of the tow truck.

(6) The number of the license issued by the city to the tow truck, pursuant to this chapter.

(Ord; No. 6665, §1, 11—20—80)

Sec. 13—273. Statement required.

(a) All persons operating a tow truck, or their agents, when operating said tow truck shall keep in their possession a pad of printed statements containing his or her name and the address of his or her place of business, and after towing a vehicle shall prepare one of said printed statements in duplicate and furnish the original to the owner of the vehicle or to his authorized representative.

(b) The statement shall contain the following information:

(1) The full name and address of the licensee and the number of the license issued to the tow truck pursuant to this division.

(2) The full name and address of the person driving the tow truck.

(3) The full name and address of the person engaging the tow truck.

(4) The state license number or the state vehicle identification number of the vehicle.

(5) The total amount to be charged for towing to include the number of miles towed and the storage rate per day or price thereof.

(6) A duplicate of each statement shall be retained by the licensee for a period of one year and shall be exhibited by him upon demand by the comptroller or his authorized representative.

(Ord. No. 6665, §1, 11—20—80)

Sec. 13—274. Exemptions from previous sections.

The provisions of sections 13—272 and 13—273 of this division shall not be applicable to any licensee operating a tow truck under the terms of this division where such licensee is under a written contract for a specific period of time with any person, firm or corporation to tow, transport, convey or move a vehicle owned or controlled by such person, firm or corporation to a specific location so designated, for consideration set forth in such contract, provided that said licensee under this division has in his possession at all times while towing, transporting, conveying or moving such vehicle, such contract or verified copy thereof and shall display such contract or copy when required to do so by any law enforcement officer. This provision shall not be so construed or interpreted so as to render or to relieve the licensee from complying with the other provisions of this division. (Ord. No. 6665, §1, 11—20—80)

Sec. 13—275. Insurance required.

No license to operate a tow truck shall be issued until and unless the applicant shall first obtain a policy of insurance from a company authorized to do business in the state or a bond of indemnity, acceptable to the comptroller, with limits for bodily injury liability of at least twenty—five thousand dollars ($25,000.00) for each person, fifty thousand dollars ($50,000.00) for each accident and property damage liability of ten thousand dollars ($10,000.00) for each accident. (Ord. No. 6665, §1, 11—20—80)

Sec. 13—276. Miscellaneous regulations.

(a) No driver of a tow truck shall engage in cruising.

(b) No driver of a tow truck shall invite or permit loitering within or near his tow truck.

(c) No driver of a tow truck shall seek employment by repeatedly driving his vehicle to and from in a short space on any highway or otherwise interfering with the proper and orderly progress of traffic along a public highway.

(d) No driver of a tow truck shall solicit or attempt to divert prospective patrons of another tow truck.

(e) No driver of a tow truck shall solicit or divert prospective patrons at a given garage in the city to any other garage.

(f) No driver of a tow truck shall solicit, demand or receive from any person, any pay or commission or emolument whatever except the proper fare for transporting the vehicle in accordance with the schedule of charges defined herein.

(g) All licensees shall promptly report all changes of address to the comptroller.

(h) A driver of a tow truck shall not remove a vehicle involved in an accident in which a person has been killed or seriously injured unless such vehicle has been released by a duly authorized member of the Kirkwood Police Department.

(i) No person or agent of said person holding a license pursuant to this chapter shall use or have in his possession a short—wave receiver as defined herein while engaged in the business of towing, except those persons under written contract with the city or a municipal police agency for towing services.

(Ord. No. 6665, §1, 11—20—80)

DIVISION 10. ITINERANT MERCHANTS, PEDDLERS AND SOLICITORS

Sec. 13-277. Permit and License required.

It shall be unlawful for any itinerant merchant, peddler or solicitor as defined herein, to engage in such business within the corporate limits of the City of Kirkwood without first obtaining a license therefor in compliance with the provisions contained herein.

Sec. 13-278. Definitions.

(a) An itinerant merchant, peddler or solicitor is defined as any person, firm or corporation, whether resident of the City of Kirkwood or not, traveling either by foot, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever and/or in the immediate sale of goods, wares and merchandise, personal property of any nature whatsoever, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not.

(b) All recognized charitable organizations or any other bona fide, nonprofit, charitable, educational, political, social welfare or religious organization shall be exempt from the terms of this division.

(Ord. No. 9106, §2, 11-29-01)

Sec. 13-279. Application.

Applicants for a license must file with the director of finance a sworn application in writing on a form to be furnished by the director of finance, which shall give the following information:

(a) The name and address of the applicant, including the business address and home and business telephone numbers;

(b) Tax identification number of the applicant;

(c) If a corporation, the name of the registered agent and office and names of all directors and officers of said corporation;

(d) A description of the type of business proposed to be conducted and goods to be sold;

(e) The name and tax identification number for the company or companies that the applicant is representing, if any;

(f) The length of time the applicant proposes to conduct the business within the City;

(g) A statement as to whether or not the applicant has been convicted of any crime (felony), the nature of the offense and the punishment or penalty therefor.

Sec. 13-280. Investigation and issuance.

(a) Upon receipt of such application, the original shall be referred to the chief administrative officer or designee, who shall verify the information contained in the application, contact the Better Business Bureau and the Attorney General's Office to ascertain if there have been any complaints or investigations lodged against the applicant or the company or companies the applicant is representing, investigate the applicant's criminal record, and conduct such other investigation as is deemed necessary for the protection of the public good.

(b) If as a result of such investigation, the applicant's record is found to be unsatisfactory, the chief administrative officer or designee shall endorse on such application the disapproval and the reasons for same, and return the application indicating that the application is disapproved and that no license will be issued.

(c) If as a result of such investigation, the applicant is found to be satisfactory, the chief administrative officer or designee shall endorse on the application the approval, and return the application to the director of finance, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature of the issuing officer and shall show the name and address of said licensee, the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting. The director of finance shall keep a record of all licenses issued.

Sec. 13-281. Fees.

The license fee which shall be charged by the director of finance for such license shall be in accordance with Section 13-34 of the Code.

Sec. 13-282. Hours of operation.

In the event a license is granted to any applicant, said license shall, unless said license is in the meantime revoked, entitle the licensee to conduct his business for the period prescribed in the license. Said license shall only allow such conduct between the hours of 9:00 a.m. and 9:00 p.m. whichever occurs first on Mondays through Saturday.

Sec. 13-283. Exhibition of License.

Itinerant merchants, peddlers and solicitors are required to exhibit their licenses at the request of any citizen or police officer.

Sec. 13-284. Refusal to Leave Premises.

No license shall fail or refuse to leave any building or any enclosed or improved real estate, lot or parcel of ground in the city when requested to leave by the person solicited.

Sec. 13-285. Revocation of License.

(a) Permits and licenses issued under the provisions of this division may be revoked for any of the following causes:

(1) Fraud, misrepresentation, or false statement contained in the application for license;

(2) Fraud, misrepresentation or false statement made in the course of carrying on this business as solicitor or as canvasser;

(3) Any violation of this division;

(4) Conviction of any crime or misdemeanor involving moral turpitude; or

(5) Conducting the business of soliciting in any unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

Sec. 13-286. Penalty.

Any person violating any of the provisions of this division shall be subject to the penalties prescribed under Section 1-8 of the Code of Ordinances.


*Cross references—License for sale of intoxicating liquors, §3—51 et seq.; licenses for sale or manufacture of nonintoxicating beer, §3—134 et seq.; amusement rides and devices permits, §3½—16; licensing of dogs, §4—38 et seq.; private garbage collectors, §10—93 et seq.; fair housing code, §12—59 et seq.; sale of model airplane glue and plastic cement, §17—2; licensing of sidewalk contractors, §20—66 et seq.; display of merchandise on sidewalks, §20—92; licensing of trailer camps, §22—24 et seq.; taxation of private utilities companies, §23—207 et seq.; licensing of taxicab drivers, §25—72 et seq.

*Editor's note—Art. II, §§13—32—13—58, is currently derived from Ord. No. 5385, §§1—27, adopted Dec. 17, 1970. Sec. 29 of said ordinance expressly repealed Gen. Ords. 1959, Ch. 41, from which former Art. II and Divisions 2—5 and 9 of Art. II were derived.

Prior to the enactment of Ord. No. 5385, Art. II and Divisions 2—5 and 9 of Art. III were derived from Gen. Ords. 1959, §§41.03—41.05, 41.07—41.16, 41.18, 41.22, 41.23; Ord. No. 4768, §§3—6, adopted June 7, 1962 and Ord. No. 47.98, §2, adopted Jan. 10, 1963.

*Editor's note—See the editor's note to Article II of this chapter.

**Editor's note—Division 6, substantive provisions of which consisted of §§13—183—13—200, providing licensing of and other regulations concerning dry cleaning and dyeing establishments, and derived from Gen. Ords. §§21.01—21.17, was repealed by Ord. No. 7000, §1, enacted Feb. 17, 1983.

*Cross references—Motor vehicles and traffic, Ch. 14; police, Ch. 19.