Section 103-338; Ord. 17347; Amending Chapter 13 RE: Business Licenses Including Armed Guard Licenses, Security Guard Licenses and Temporary Business Licenses


Ordinance No.            17347              Council Bill No.           B 209-02A            

AN ORDINANCE

amending Chapter 13 of the City Code relating to business licenses including armed guard licenses, security guard licenses and temporary business licenses; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:
    SECTION 1.  Chapter 13 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 13-46. Definitions.

    For the purpose of this article, the following definitions and rules of construction shall apply:

(1)    The term "armed guard" shall mean any person employed or retained in any manner, who is provided, required, or allowed to carry, wear, or otherwise have upon his person, any firearm defined as such by Chapter 571 Revised Statutes of Missouri, as amended. Nothing herein shall be construed to permit carrying of concealed weapons.

     (2)    The term "chief" shall mean the chief of police or his the chief’s designated subordinates.

(3)    The term “conviction” shall include a plea of guilty or a finding of guilty followed by a suspended imposition of sentence.

     (34)    The term "Patrol guard or watchman service" shall mean any person who furnishes the services of another for the purposes of protection of property. The term shall include those who promote such services.

     (45)    The term "security firm" shall mean any patrol, guard or watchman service business which furnishes the services of an armed guard to another person or which employs an armed guard in performing services for another person.

     (56)    The term "security guard" and shall mean any person employed by a patrol, guard or watchman service for the purpose of protecting property, who is unarmed during the performance of his while performing such duties.

. . .

Sec. 13-50. Standards for issuance; additional standards for armed guards.

(a)    No person shall be granted an armed guard or security guard license unless such person has been determined by the business license administrator to meet the following minimum standards:

    (1)    The applicant has not been convicted of a felony, except for any federal or state offense of unfair trade practices, antitrust violations, restraint of trade or other similar violations as determined by the business license administrator; and any misdemeanor involving a firearm or explosive;

(2)(a)    Security guard license applicants shall be at least eighteen (18) years of age; armed guard license applicants shall be at least twenty-one (21) years of age.

(b)    Armed guard license applicants and security guard license applicants have the burden of demonstrating good moral character.  If an applicant has been convicted of a felony within the past ten (10) years or any misdemeanor involving theft, violence, drugs or sexual abuse within the past five (5) years, the business license administrator may deny the license after considering the nature of the crime committed in relation to the license sought, the conduct of the applicant since the violation and other evidence as to the applicant’s character.

(bc)    Any person applying for an armed guard license shall be determined by the chief to have met or exceeded adequate standards for firearms safety, knowledge of the law with regard to the use of firearms, and firearms skills commensurate with public safety. Such determination shall be based on the following criteria: Have, within the last calendar year passed with a score of at least seventy (70) percent on each section, a test provided by and administered by the chief, said test to include written sections on firearms safety, firearms law, and firearms skills and a shooting section on firearms safety and firearms skills, and a qualifying course of fire, the standards of which shall be set out in regulations promulgated by the chief. The handgun and ammunition used in the qualifying course of fire shall be the same as the handgun and ammunition that will be carried while the applicant is performing his duties as an armed guard.
. . .

Sec. 13-55. Fees.

(a)    The following table of fees shall apply to this article:

    (1)    Application or reapplication and testing     $10.00 15.00
 
    (2)    Written or shooting retest     5.00 10.00


. . .
ARTICLE XII. TEMPORARY BUSINESS LICENSES

DIVISION 1. TEMPORARY ENTERTAINMENT EVENTS

Sec. 13-291. License required.

(a)    No person shall produce or offer to the public a temporary entertainment event without first obtaining a temporary business license.

(b)    An "entertainment event" includes but is not limited to any show, music concert, theatrical event, amusement, carnival or circus.

(c)    A "temporary entertainment event" is any entertainment event which is open to the public for twenty-eight (28) consecutive days or less within any six three-month period.
. . .

DIVISION 2. TEMPORARY BUSINESS STANDS

Sec. 13-311. License required.

(a)    No person shall erect, maintain, operate or occupy any temporary business stand in the city without first obtaining a temporary business license. No sales activities or services offered, other than those outlined in the application for a temporary business stand license, shall be conducted within the confines of the temporary business stand.

(b)    A "temporary business stand" is any stationary booth, tent, storeroom, street stand, or other temporary place, for the sale of food, confections, toys, jewelry, groceries, dry goods, drinks of all kind, goods, wares, merchandise or services, operated from doorways, building recesses, alleyways, vacant lots, private parking lots, private streets or walkways or any other place near the public streets of the city and which may last for fourteen (14) days and all days must be consecutive in any three-month period at only one location.

(c)    Non-profit charitable, religious, fraternal, civic, and educational institutions are exempt from the provisions of this division.

. . .

Sec. 13-314. License cards.

(a)    The business license administrator shall issue to each licensee a license card containing: the words "temporary business license," the period for which the license is issued, the number of the license and the place where the business may be conducted.

(b)    Each license issued under this division shall be issued for fourteen (14) days or less. Upon request, the license may be extended for an additional fourteen (14) days or less. Upon request, a license issued for less than fourteen (14) days may be extended; provided, that the total time of the license does not exceed fourteen (14) days.

. . .

Sec. 13-316. Licensee additional duties.

Immediately after ending use of the temporary business stand location, the licensee shall remove all trash, refuse, rubbish, signs and unsold merchandise from the stand location.

Sec. 13-317. Compliance with the law.

Temporary business stands must comply with the pertinent provisions of the building code, zoning regulations and sign regulations.  If the temporary business stand involves the sale or preparation of food, the licensee must comply with all provisions of the City of Columbia Food Code.  Every operator of a temporary business stand shall comply with all applicable city, state and federal laws.

. . .

DIVISION 3. TEMPORARY SPECIAL EVENTS

Sec. 13-411. License required.
. . .

(c)    A "temporary special event" is any exhibition, display or show, involving multiple individual exhibits or booths, for the purpose of selling, trading, bartering or displaying goods or services to the public which is professionally promoted and which lasts for fourteen (14) consecutive days or less within any six (6) three (3) month period. Temporary special events include, but are not limited to, trade shows, festivals and arts and crafts shows.  “Temporary special event” includes any festival held not more than once per week during not more than two calendar months per calendar year in the “central business district” as defined in section 14-1 of this code.

. . .

Sec. 13-416. Compliance under with the law.

If the temporary special event involves the sale or preparation of food, the licensee and all food vendors must comply with all provisions of the City of Columbia Food Code.  Every licensee under this division shall comply with all city, state and federal laws.

. . .

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 17th day of June, 2002.