Sections:

8.02.010Statement of clearance--Required.
8.02.020Statement of clearance--Issuance.
8.02.030Statement of clearance--Bond.
8.02.040Statement of clearance--Issuance of license.
8.02.050Statement of clearance--Unlawful issuance.
8.02.060Statement of clearance--Form.
8.02.070Statement of clearance--Penalty for violation.
8.02.071Unsatisfied final judgements--Issuance of license.
8.02.072Unsatisfied final judgements--Revocation of license.
8.02.073Refusal or revocation--Notification.
8.02.074License tax not refundable.
8.02.075Appeal.
8.02.080License Collector--Office.
8.02.090License Collector--Employee bonds.
8.02.100Definitions.
8.02.110Police duties.
8.02.120Violations.
8.02.130License--Form.
8.02.140License--Nontransferable.
8.02.150Inquiry into applicant.
8.02.160Petition of block property owners required.
8.02.170Failure to take out license.
8.02.180Failure to take out license--Extension of time.

Requirement for summary of license permit application

See §§ 3.02.030--3.02.050

Charter:

Art. I § 1 (23) Regulation of business

Art. I § 1 (24) License taxes

Art. XVIII § 14 Examinations for licenses

Art. XX License fees

V.A.M.S.:

71.610 et seq. Taxing powers

8.02.010 Statement of clearance--Required.

The License Collector shall not issue any merchants, manufacturers, franchise, business or occupational license or renewal thereof, to any person, partnership or corporation, or anyone who contracts for personal service to be performed by individuals within the City, which under the law the License Collector is empowered to issue, unless and until the applicant for such license produces a written statement of clearance issued jointly by the Collector of Revenue and the License Collector certifying that no current or past personal property, real estate tax, payroll tax, business license taxes and/or earnings taxes are due and payable to the City and a statement from the Director of Revenue of the State of Missouri certifying that the applicant is in possession of a retail sales license, if such a license is required. (Ord. 63454 § 1, 1995; prior: Ord. 62564 §§ 1, 2, 1992: Ord. 54850 § 1, 1968: 1948 C. Ch. 37 § 1: 1960 C. § 611.010.)

City Counselor Ops.: 8036, 8763, 9459, 9568

8.02.020 Statement of clearance--Issuance.

It shall be the duty of the Collector of Revenue to issue a statement of clearance as to the current status of the applicant’s personal property and/or earnings taxes upon the request of the License Collector, which request shall include the name, address and business name of the applicant. (Ord. 54850 § 2, 1968: 1960 C. § 611.020.)

City Counselor Ops.: 9568

8.02.030 Statement of clearance--Bond.

If the person, individual, partnership or corporation has not been assessed or liable for the most recent year’s personal property and/or earnings taxes, the Collector of Revenue may require a bond in the penal sum of one thousand dollars, to secure the payment of the current personal property and/or earnings taxes, with a surety acceptable to the Comptroller in the form prescribed by the City Counselor. Upon receiving the bond, the clearance shall be issued. (Ord. 54850 § 3, 1968: 1960 C. § 611.030.)

City Counselor Ops.: 9568

8.02.040 Statement of clearance--Issuance of license.

It shall be unlawful for the License Collector to issue any license or renewal thereof, without first securing a statement of clearance as set forth in Section 8.02.020, from the Collector of Revenue. (Ord. 54850 § 4, 1968: 1960 C. § 611.040.)

City Counselor Ops.: 9568

8.02.050 Statement of clearance--Unlawful issuance.

It shall be unlawful for the Collector of Revenue to issue a statement of clearance as provided herein when any personal property and/or earnings tax is due or owing to the City. (Ord. 54850 § 5, 1968: 960 C. § 611.050.)

City Counselor Ops.: 9568

8.02.060 Statement of clearance--Form.

The comptroller shall issue rules and regulations and prescribe the form of the statement of clearance in order to more effectively carry out the provisions of Sections 8.02.010--8.02.070. (Ord. 54850 § 6, 1968: 1948 C. Ch. 37 § 2: 1960 C. § 611.060.)

City Counselor Ops.: 9568

8.02.070 Statement of clearance--Penalty for violation.

Any officer or person who shall violate any provision of Sections 8.02.010--8.02.060 shall upon the conviction thereof be punished by a fine of not more than five hundred dollars or not less than one hundred dollars or by imprisonment in the city workhouse for not more than ninety days or by both such fine and imprisonment. (Ord. 54850 § 7, 1968: 1960 C. § 611.070.)

8.02.071 Unsatisfied final judgments--Issuance of license.

The License Collector shall not issue any license to any person, firm, or corporation that the License Collector has been notified in writing by the judgment holder that said person, firm or corporation has an unsatisfied final judgment relating to the nature of the license of 60 days or more against it in an amount of five thousand ($5,000) dollars or less, unless said contractor posts the amount of the judgment with the License Collector or reaches a payment agreement with the judgment holder. (Ord. 62619 § 1, 1992.)

8.02.072 Unsatisfied final judgements--Revocation of license.

The License Collector shall revoke any license issued by him to any person, firm or corporation that the License Collector has been notified in writing by the judgment holder that said person, firm or corporation has an unsatisfied final judgment relating to the nature of the license of 60 days or more against it in an amount of five thousand ($5,000) dollars or less, unless said contractor posts the amount of the judgment with the License Collector or reaches a payment agreement with the judgment holder. (Ord. 62619 § 2, 1992.)

8.02.073 Refusal or revocation--Notification.

Prior to the refusal to issue or the revocation of a license, the License Collector shall notify the applicant for the license or the licensee, by registered mail or by personal notice, that a license will not be issued or a previously issued license will be revoked. Any person so notified has ten days from receipt of said notice to object in writing to the License Collector of said refusal to license or revocation of license. If no such notice is received by the License Collector within 10 days, no new license may issue and any previously issued license shall be immediately revoked and the business cannot operate unless and until a new license is issued. The License Collector shall hold a hearing within ten days of the letter of objection to determine whether or not a final unsatisfied judgment relating to the nature of the license of 60 days or more exists. Any licensee shall be allowed to continue to operate until the License Collector makes a determination whether or not a final unsatisfied judgment of 60 days or more exists, but no new license shall be issued until a determination is made. The License Collector shall notify the applicant or licensee, in writing within ten days of this determination. (Ord. 62619 § 3, 1992.)

8.02.074 License tax not refundable.

If the License Collector determines that a final unsatisfied judgment relating to the nature of the license of 60 days or more exists, he shall not issue a license to the applicant, and he shall revoke any previously issued license, unless said contractor posts the amount of the judgment with the License Collector or reaches a payment agreement with the judgment holder. The licensee is not entitled to a refund for the license tax previously paid. (Ord. 62619 § 4, 1992.)

8.02.075 Appeal.

Any person aggrieved by a determination of the License Collector may appeal his determination to the Board of Tax Appeals within ten days of the determination of the License Collector pursuant to the procedures contained in Section 8.06.230 through Section 8.06.290 of the Revised Code of the City of St. Louis. (Ord. 62619 § 5, 1992.)

8.02.080 License Collector--Office.

The License Collector shall be provided with an office in the City Hall. (1948 C. Ch. 37 § 3: 1960 C. § 610.010.)

V.A.M.S.:

82.310 et seq. License collector cities of 300,000 inhabitants or more

92.040 Taxation and licensing of merchants and manufacturers by certain cities

150.350 Manufacturers taxation and collection in St. Louis city

150.090 Merchant taxation and collection in St. Louis city

McQuillin:

44.132 Tax collectors

8.02.090 License Collector--Employee bonds.

The employees of the License Collector shall give bond to the License Collector in the penal sums as follows: The cashier in the sum of ten thousand dollars, the assistant cashier in the sum of five thousand dollars, the bookkeeper and assistant bookkeeper, and the clerks, each in the sum of twenty-five hundred dollars. All bonds shall be subject to the approval of the License Collector and shall be conditioned for the faithful performance of the duties of the respective offices and to indemnify the License Collector against any loss or damage occasioned by or on account of the acts of the employees. (1948 C. Ch. 37 § 4: 1960 C. § 610.020.)

8.02.100 Definitions.

The words "license" and "license tax," whenever used in this Code, shall include licenses for all purposes authorized or required by law or ordinance and also the tax on telegraph and telephone poles, the dog tax, merchants’ ad valorem tax, the manufacturer’s ad valorem tax, the vehicle license tax and the special tax on foreign insurance companies, and excepting always dramshop, water and boat or wharfage licenses. (1948 C. Ch. 37 § 5: 1960 C. § 610.030.)

8.02.110 Police duties.

It shall be the duty of the police to prevent any persons carrying on a business or object for which a license is required without having a license for that purpose. They shall report to the License Collector all violations of the laws and ordinances relating to licenses and license taxes. (1948 C. Ch. 37 § 6: 1960 C. § 610.040.)

City Counselor Ops.: 8430, 9459, 9936

8.02.120 Violations.

The License Collector shall report to the police all persons who fail to take out the proper license or pay the license tax, and the police shall cause the arrest and conviction of offenders. (1948 C. Ch. 37 § 7: 1960 C. § 610.050.)

8.02.130 License--Form.

All licenses shall be issued in blank by the register under the seal of the City, and signed by the License Collector, and shall be in a form as prescribed by the register. (Ord. 58578 § 1, 1982: 1948 C. Ch. 37 § 15: 1960 C. § 610.060.)

Charter:

Art. IX § 2 Attestation and issuance of licenses and forms

8.02.140 License--Nontransferable.

No license granted by this City except cart, wagon, dray, liquor or nonintoxicating beer licenses shall be assignable or transferable. No license shall authorize any person to do business or act under it but the person named therein nor at more than one place. A separate license shall be required for each name under which a person acts or engages in business.

No assignment or transfer of any license shall be valid or give any right or permission to the assignee or transferee to act thereunder unless the assignment or transfer shall be approved and countersigned by the License Collector. It shall be the duty of the License Collector to keep a record of all assignments or transfers of licenses approved and countersigned by him. (Ord. 50556 § 1, 1961: prior Ord. 48420 § 1, 1957: 1948 C. Ch. 37 § 16: 1960 C. § 610.070.)

City Counselor Ops.: 8423, 8819

8.02.150 Inquiry into applicant.

The License Collector, upon receipt of written application for issuance of a license, shall make all due and proper inquiry into the character of all applicants for license. He shall not grant a license to applicants for such license unless he has good and sufficient assurance and reason to believe of his own knowledge that all the applicants are fit and proper persons to receive the license. (1948 C. Ch. 37 § 17: 1960 C. § 610.080.)

City Counselor Ops.: 10314

8.02.160 Petition of block property owners required.

In addition to other requirements of this chapter, the applicant for a license shall furnish to the License Collector a petition signed by a majority of the property owners of the block wherein his business is to be carried on, and, also, a majority of the property owners of the portion of the block opposite the place of business, requesting the issuance of the license and declaring that the maintenance of the proposed pawnshop, intelligence office, museum, junk shop, auction place, show, theater or exhibition of whatsoever kind is not a nuisance or source of annoyance to the property owners. (1948 C. Ch. 37 § 18: 1960 C. § 610.090.)

City Counselor Ops.: 10161

8.02.170 Failure to take out license.

In addition to any other penalties, any person who is required to take out a license, or any person whose license has expired, and notice has been given by the License Collector, shall, if not paid within ten days after notice has been given, pay a penalty of one dollar, and for every ten days thereafter one dollar shall be added as a penalty, until the party required to take out the license shall have complied with the provisions regulating licenses in this chapter. This penalty shall be collected with the license by the License Collector and paid into the City Treasury. (1948 C. Ch. 37 § 19: 1960 C. § 610.100.)

8.02.180 Failure to take out license--Extension of time.

In case of neglect occasioned by the sickness or absence of an individual or of an officer of any corporation, joint stock company or association required to make and file either a license tax return or a license application, or for other sufficient reason, the License Collector, at his discretion, may grant an extension of time, upon written application having been made therefor, for filing of any said license tax return or license application as he deems necessary, not to exceed ninety (90) days. The right of the License Collector to grant any extension of time is conditional upon the written application being made prior to the date of any said license tax return or license application is due. Notwithstanding any other provision of this Code when an extension of time is allowed, no penalty for a late filing shall accrue if said return or license application is filed on or before the date to which it has been extended. The License Collector shall provide in writing a notice of any extension which is granted. (Ord. 57221 § 1, 1976: 1960 C. § 610.200.)

For extension of payment, see § 8.06.100