§ 1-11. Restrictions on delinquent applicants.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Applicant means 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 other person holding an ownership interest in such entity requesting any city permit, license, franchise or other approval.

Related person or entity means:

(1)

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 20 percent;

(2)

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 20 percent; or

(3)

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 lesser ownership interest, familial relationship or in any other manner.

Relevant law means:

(1)

Any statute or regulation of the United States or the state;

(2)

Any ordinance or code section of the city, or any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the city under duly vested authority of the city; or

(3)

Any final judgment or order of any court of competent jurisdiction, when a statute, ordinance, code section, rule, regulation, notice, condition, term, order or judgment at issue regulates conduct or conditions germane to the issuance of the requested permit, license, franchise or other approval as provided by the applicable ordinance or code section of the city.

(b)

Approval withheld from certain applicants. In enforcing or administering the ordinances of the city, no permit, license, franchise or approval of any kind shall be granted to any applicant:

(1)

Who is charged with, or in violation of, any relevant law; or

(2)

Who is related to or associated with a related person or entity who is charged with, or in violation of, any relevant law, until such time as the applicant or the related person or entity resolves the pending charge or comes into compliance with the relevant law.

(c)

Consideration of past violations. The reviewing or enforcement officer may consider past violations of relevant law by an applicant or a related person or entity in considering whether to issue a permit, license, franchise or approval requested by an applicant.

(d)

Refiled, previously denied applications. The reviewing or enforcement officer may refuse to accept the refiling of a denied application for one year from the date of the denial unless the officer finds that the application has been substantially revised, or that substantial new facts or change in circumstances warrant reapplication.

(e)

Appeal to city clerk. Any aggrieved applicant may appeal the decision of the reviewing or enforcement officer to the city clerk within five business days of said decision. The city clerk may reverse or modify the decision of the reviewing or enforcement officer provided the applicant:

(1)

Establishes a good-faith effort to effect compliance with this section and any relevant law, or if applicable, an inability to do so because of the ownership structure of any pertinent related entity; or

(2)

Establishes that the applicant has not been charged with, or is not in violation of, any relevant law.

(f)

Appeal to zoning board of adjustment. If such decision is not satisfactory to the applicant, the applicant may appeal to the zoning board of adjustment. The appeal shall be in writing and state the reasons for the appeal. The zoning board of adjustment shall hear the appeal at its next scheduled meeting. The proceedings in connection with such appeal shall be in accordance with the requirements of the Administrative Procedure Act of the State of Missouri (RSMo ch. 536). The proceedings shall be recorded. The board shall state its decision in writing within seven business days after the hearing and shall give notification of such decision to the applicant.

(g)

Appeal to city council. If the decision of the zoning board of adjustment is not satisfactory to the applicant, the applicant may appeal to the city council. The appeal shall be in writing. The council shall review the matter on the basis of the recorded proceedings before the zoning board of adjustment, but may request additional evidence if it feels such evidence is pertinent. The review or hearing by the city council shall take place within 60 days of the appeal to the city council. The decision by the city council shall be rendered within seven days after the matter is submitted to the council and the decision shall be in writing and notice of such decision shall be given to the applicant.

(h)

Council decision considered final. The decision of the city council shall be final for purposes of any appeal under the Administrative Procedure Act of the State of Missouri.

(i)

Application. The provisions of this section apply in the absence of other procedures in ordinance or statute.

(Code 1969, § 1-8.3; Ord. No. 1776, § 1, 7-30-2001)