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HomeMy WebLinkAboutOrd.4118.05-03-2010 BILL NO. 10-46 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 5 AND 15 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU REGARDING LICENSE APPLICANTS WITH DELINQUENT CITY ACCOUNTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Section 5-47 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : Sec. 5-47 . Issuance of licenses prohibited until delinquent tax is paid; all licenses required. (a) No liquor license shall be issued to any person, until all personal property taxes, merchants license taxes, ad valorem taxes, wholesalers license taxes, manufacturers license taxes, occupation license taxes, sewer service charges, water service charges, solid waste fees, or other city taxes, fees or charges, including special tax bills and assessments of the applicant therefor, due and payable, shall first have been paid in full, together with any interest and penalties . (b) No liquor license shall be issued to any person, until such person has obtained all other licenses required by the Code of Ordinances of the City of Cape Girardeau, Missouri, and paid all fees required therefor, together with any interest and penalties . is hereby repealed in its entirety, and a new Section 5-47 is hereby enacted in lieu thereof, in words and figures, to read as follows : Sec. 5-47 . Issuance of licenses prohibited until delinquent taxes and fees are paid; all licenses required. r 1 (a) Except as may be otherwise required by law or expressly waived by the city manager: (1) No liquor license shall be issued by the city or by any department thereof to any applicant, until all personal property taxes, merchants license taxes, ad valorem taxes, wholesalers license taxes, manufacturers license taxes, occupation license taxes, sewer service charges, water service charges, solid waste fees, license or permit fees, or any other city taxes, fees or charges, including special tax bills and assessments of the applicant therefor, due and payable, shall first have been paid in full, together with any interest and penalties . (2) No liquor license shall be issued by the city or by any department thereof to any applicant, until such applicant has obtained all other licenses required by the Code of Ordinances of the City of Cape Girardeau, Missouri, and paid all fees required therefor, together with any interest and penalties . (b) For purposes of this Section, a tax or fee due and in arrears by the applicant shall include any such amount owed by the applicant, whether jointly or severally or in joint tenancy with any other person or entity. (c) For purposes of this Section, the following terms shall have the following meanings : (1) Applicant . An individual or a corporation, firm, partnership, joint venture, association, organization or entity of any kind, including any shareholder, owner, officer, partner, joint venturer or member of such entity or any related person or entity, or any other person holding an ownership interest in such entity requesting any city permit, license, franchise or other approval . 2 (2) City or local . City of Cape Girardeau, Missouri . (3) Related person or entity. a. A firm, partnership, joint venture, association, organization or entity of any kind in which applicant holds any stock, title, or other ownership interest of at least twenty percent (20%) . b. A firm, partnership, joint venture, association, organization, or entity of any kind which holds any stock, title, or other ownership interest in the applicant of at least twenty percent (2001) . C . An individual, firm, partnership, joint venture, association, organization or entity of any kind, whose affairs the applicant has the legal or practical ability to direct, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lessor ownership interest, familial relationship or any other manner, (4) State . State of Missouri . (d) When the city reasonably believes that the applicant has any control or ownership interest in an entity subject to this Section, the applicant shall have the burden to document ownership of less than twenty percent (20a) if the applicant seeks city action otherwise precluded by this Section. (e) It shall be the duty of the city clerk to establish an effective system of cross-checking to determine whether any applicant for a license has obtained all other licenses required by this Code, and owes any personal property tax, merchant ' s license tax, ad valorem tax, wholesaler' s tax, manufacturer ' s license tax, occupation license tax, sewer service charges, water service charges, solid waste fees, license or permit fees or any other city taxes, fees or charges including special tax bills and 3 assessments and any interest and penalties thereon. ARTICLE 2 . Section 15-5 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : Sec. 15-5 . Issuance of licenses prohibited until delinquent taxes paid; all licenses required; duties of city clerk. (a) No automobile license, merchant ' s license, wholesaler ' s license, manufacturer' s license or occupation license shall be issued to any person, until all state or local sales taxes, personal property taxes, merchant ' s license taxes, ad valorem taxes, wholesaler ' s license taxes, manufacturer ' s license taxes, occupation license taxes, sewer service charges, water service charges, solid waste fees, or other city taxes, fees or charges, including special tax bills and assessments of the applicant therefor, due and payable or payable during any previous calendar year, shall first have been paid in full, together with any interest and penalties . (b) No automobile license, merchant ' s license, wholesaler' s license, manufacturer' s license or occupation license shall be issued to any person, until such person has obtained all other licenses required by the Code of Ordinances of the City of Cape Girardeau, Missouri, and paid all fees required therefor, together with any interest and penalties . (c) It shall be the duty of the city clerk to establish an effective system of cross-checking to determine whether any applicant for a license has obtained all other licenses required by this Code, and owes any personal property tax, merchant ' s license tax, ad valorem tax, wholesaler' s tax, manufacturer' s license tax, occupation license tax, sewer service charges, license fees or other city taxes including special tax bills and assessments and any interest and penalties thereon. 4 is hereby repealed in . its entirety, and a new Section 15-5 is hereby enacted in lieu thereof, in words and figures, to read as follows : Sec. 15-5 . Issuance of licenses prohibited until delinquent taxes and fees are paid; all licenses required; duties of city clerk. (a) Except as may be otherwise required by law or expressly waived by the city manager: (1) No merchant ' s license, wholesaler' s license, manufacturer ' s license or occupation license shall be issued by the city or by any department thereof to any applicant, until all state or local sales taxes, personal property taxes, merchant ' s license taxes, ad valorem taxes, wholesaler' s license taxes, manufacturer' s license taxes, occupation license taxes, sewer service charges, water service charges, solid waste fees, license or permit fees, or any other city taxes, fees or charges, including special tax bills and assessments of the applicant therefor, due and payable or payable during any previous calendar year, shall first have been paid in full, together with any interest and penalties . (2) No merchant ' s license, wholesaler' s license, manufacturer' s license or occupation license shall be issued by the city or by any department thereof to any applicant, until such person has obtained all other licenses required by the Code of Ordinances of the City of Cape Girardeau, Missouri, and paid all fees required therefor, together with any interest and penalties . (b) For purposes of this Section, a tax or fee due and in arrears by the applicant shall include any such amount owed by the applicant, whether jointly or severally or in joint tenancy with any other person or entity. (c) For purposes of this Section, the following terms shall have the following meanings : 5 (1) Applicant . An individual or a corporation, firm, partnership, joint venture, association, organization or entity of any kind, including any shareholder, owner, officer, partner, joint venturer or member of such entity or any related person or entity, or any other person holding an ownership interest in such entity requesting any city permit, license, franchise or other approval . (2) City or local . City of Cape Girardeau, Missouri . (3) Related person or entity. a. A firm, partnership, joint venture, association, organization or entity of any kind in which the applicant holds any stock, title, or other ownership interest of at least twenty percent (20--.) . b. A firm, partnership, joint venture, association, organization, or entity of any kind which holds any stock, title, or other ownership interest in the applicant of at least twenty percent (20%) . C . An individual, firm, partnership, joint venture, association, organization or entity of any kind, whose affairs the applicant has the legal or practical ability to direct, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lessor ownership interest, familial relationship or any other manner. (4) State . State of Missouri . (d) when the city reasonably believes that the applicant has any control or ownership interest in an entity subject to this Section, the applicant shall have the burden to document ownership of less than twenty percent (20%) if the applicant seeks city action otherwise precluded by this Section. 6 (e) It shall be the duty of the city clerk to establish an effective system of cross-checking to determine whether any applicant for a license has obtained all other licenses required by this Code, and owes any personal property tax, merchant ' s license tax, ad valorem tax, wholesaler' s tax, manufacturer' s license tax, occupation license tax, sewer service charges, water service charges, solid waste fees, license or permit fees or any other city taxes, fees or charges including special tax bills and assessments and any interest and penalties thereon. ARTICLE 3 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . ARTICLE 4 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 5 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS d DAY OF 20 t ,* . ®rrE . Rediger, Mayor ATTEST: GIRAJJ Gayl . Conrad 4` rA City erk IRV \' v� lir."Z flN 7