IN THHE CICUIT COURT FO THE CITY OF ST. LOUIS STATE OF MISSOURI RUBA, LLC and MOHAMMED ALMUTTAN Plaintiffs/Relators, Cause No. v. Div. CITY OF COUNTRY CLUB HILLS and BENDER MCKINNEY in his of?cial capacity as Mayor, DOUGLAS COONCE, in his of?cial capacity as Alderman, DONALD FRASER, in his of?cial capacity as Alderman, TIAWANA THOMPSON, in her of?cial capacity as Alderwoman, Defendants/Respondents SERVE ALL DEFENDANTS AT: City Hall 7422 Eunice Avenue Country Club Hills, Missouri 63136 PETITION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTION, DECLARATORY JUDGMENT, MANDAMUS AND DAMGES COME NOW Plaintiffs/Relators Ruba, LLC (?Ruba?) and its sole member Mohammed Almuttan (?Almuttan?) and for their Petition state as follows: 1. Ruba?s is a Missouri limited liability company with its principal place of business located within the County of St. Louis, Missouri. Ruba?s will operate the laundromat located at 7455 West Florissant Road, in the City of Country Club Hills, Missouri (the ?Laundromat Business?). Almuttan is the sole member of Ruba. 2. The City of Country Club Hills (the ?City?) is a fourth-class city, with a population according to the 2010 census of 1,274 residents. 3. Bender McKinney is the Mayor of the City. 4. Donald Fraser, Douglas Coonce and Tiawana Thompson are three of the four alderman for the City (the ?Alderman?). Each of the named alderman participated in, or endorsed, all the acts set forth in the Petition. 5. - Almuttan is of Palestinian descent and is a Muslim. Almuttan and his brothers, who are also of Palestinian descent and practicing Muslims (the ?Mutan Family?), own and operate Mally?s Supermarket in the City, and they are constructing a new gas station and convenience store in the City. 6. The Mutan Family and their businesses have spent more than $2 million on redeveloping properties and new construction in the City. This included the purchase of a vacant parcel of property from the City at a cost of over $125,000. This has occurred during a time when other business have been closing and leaving the City. 7. Beginning in 2016, Ruba and the Mutan Family began to renovate the building it leases at 7455 West Florissant Road, in the City (the ?Laundromat Building?). The Laundromat Building was formerly a 7-11 Store. The Laundromat Building has been completely renovated and equipment installed to operate a new laundromat. Ruba has spent over $500,000 to get the Laundromat Business ready to open. 8. The City has delegated the responsibility for performing building inspections to St. Louis County, Missouri. The Laundromat Building has passed all inspections by St. Louis County, and therefore, is entitled to an occupancy permit from the City. 9. Chapter 605 of the City?s Ordinances covers ?Business Regulations?. Section 605.020 states as follows: Every person coming within the foregoing de?nition of merchant shall, before doing or offering to do business as such, shall procure from the City Clerk a license therefor in conformity with the provisions of this Chapter. The only two requirements for the issuance of a business license in the City is the payment of a license fee (?605.050) and the deposit of a bond to cover potential inventory and sales taxes A copy of Chapter 605 of the City Ordinances is attached hereto as Exhibit A. 10. Since December 2016, Ruba and Almuttan have repeatedly applied for, and been denied the issuance of, a business license from the City for the Laundromat Business. The Mayor, McKinney, has refused to issue the business license to open the Laundromat Business, stating that the proposed business did not meet with his approval or the approval of Alderman Fraser. Both Mayor McKinney and Alderman Fraser have repeatedly required that they be allowed to ?inspect? the Laundromat Building and the Laundromat Business, even though there is no authority in the Ordinances for the Mayor or the Alderman to perform inspections on commercial properties. 11. During and following the various ?inspections? performed by Mayor McKinney and Alderman Fraser, Mally?s has been given ?to do? lists that they insisted be completed before a business license would be issued to the Laundromat Business. The items on the lists ran the spectrum from requiring the Laundromat Business to offer intemet service and ?drop?off, pick-up? laundry service to its customers, to designating the exterior color of the building. A copy of one list is attached hereto as Exhibit B. 12. Neither the City, the Mayor nor the Aldermen have any authority to add ?conditions? to the issuance of a business license outside the two conditions set forth in the Ordinance. 13. The City, the Mayor and the Aldermen have repeatedly complained that operating the Laundromat Business as a laundromat only would not generate enough tax revenue for the City because sales tax is not charged on revenue from washing machines and dryers. The City does charge a once-a?year tax on vending machines, which Ruba has paid to the City. Despite this, the City, the Mayor and the Aldermen have told Ruba they want Ruba to open a business that has more retail operations at the location so sales tax could be collected by the City. The City, the Mayor and the Aldermen have refused to issue the business license until Ruba agrees to ?sell? things at the Laundromat Business that would qualify for sales tax, thereby preventing them from operating only a laundromat. 14. In a further effort to prevent Ruba from operating its Laundromat Business, on January 1 1, 2017, the City attempted to pass a new ordinance that would restrict the hours of operation of businesses within the City to between 6:00 am. to 10:00 pm. The only business in the City that operate outside of those hours are the business operated by the Mutan Family now, Mally?s Supermarket, or those that are about to be opened in the future by the Mutan Family, including the laundromat and the gas station. The intent of the proposed ordinance was to intentionally interfere with these businesses and the Mutan Family, including Almuttan. 15. During the meeting of the Board of Alderman for the City at which the proposed ordinance was being considered, Mayor McKinney and Alderman Coonce attempted to amend the proposed ordinance to exempt from its restrictions those business that were already open. A copy of the proposed ordinance is attached as Exhibit C. The only business qualifying for the exemption was Mally?s Supermarket; however, by refusing to issue the business license for the Laundromat Business, they were attempting to make sure the Laundromat Business was not ?grandfathered? in under the proposed ordinance. Ultimately, the proposed ordinance was tabled, but will be introduced again at the February meeting of the Board of Alderman. The Respondents continue to refuse to issue the business license, in part, to prevent the Laundromat Business from be exempt. In fact, on January 27, 2017, the Mayor suggested that he would issue the business license, but only if Mally?s signed an agreement that it would restrict the hours of operation to between 6:00 am. and 10:00 pm. 16. In the fall of 2016, a property owner on West Florissant Avenue in the City was looking to sell his property. Mayor McKinney contacted the property owner and implored him not to sell to the Mutan Family, including Almuttan, saying they already owned too much property in the City. The individual sold the property to the Mutan Family anyway. 17. The Respondents? actions violate the equal protection and due process clauses of the Missouri and United States Constitutions, Mo. Const. Art. I 10, and U.S. Const. Amend. and XIV, in that there is no substantial justi?cation for allowing other businesses to obtain business licenses without conditions, but imposing arbitrary and capricious conditions on Mally?s. 18. The City, the Mayor and the Aldermen, individually and in conspiracy with one another, have engaged in an ongoing pattern and practice of discrimination based upon the nationality and religion of the Mutan Family in violation of the Missouri and United States Constitutions. Similarly situated businesses that are not owned and operated by Palestinian Muslims have not been mistreated in the way that Ruba, Almuttan and the Mutan Family have been treated. 19. This litigation is brought pursuant to 42 U.S.C. ??l981, 1983 and 1988, and the United States Constitution. Therefore, Relators are entitled to recover their reasonable attorneys? fees expenses, and costs incurred in bringing this action. COUNT I DECLARATORY JUDGMENT 20. Relators incorporate herein by reference paragraphs 1-19 above. 21. Pursuant to Rev. Mo. Stat. 527.020, Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder. 22. Because Respondents refuse to issue the business license for the Laundromat Business, there exists a real, substantial, presently existing controversy admitting of speci?c relief as distinguished from an advisory or hypothetical situation as to the enforceability of the Ordinance. Therefore, declaratory judgment is appropriate. WHEREFORE, Relators respectfully request that this Court enter its ?nal judgment and order declaring the City has not authority to deny the issuance of a business license under Chapter 605 of the City?s Ordinances, and does not have the authority to impose conditions not speci?cally set forth in Chapter 605 as a prerequisite for the issuance of a business license, for Relators? attorneys? fees, expenses and costs incurred herein, and for such other and further relief as this Court deems just and proper. COUNT II MANDAMUS 23. Relators incorporates herein by reference paragraphs 1?19 above. 24. Mandamus is a discretionary writ, and there is no right to have the writ issued. State ex rel. Johnson v. Grif?n. 945 445, 446 (Mo. banc 1997) (citing State ex rel. ChassaintLv. Mumrnert, 887 573, 576 (Mo. banc 1994)). Mandamus will lie only when there is a clear, unequivocal, speci?c right to be enforced. id. The purpose of the writ is to execute, not adjudicate. Mandamus is only appropriate to require the performance of a ministerial act. State ex rel. Bunker Resource v. Dierker, 955 931, 933 (Mo. banc 1997); Missouri Coalition V. Joint Comm. on Admin, 948 125, 131 (Mo. banc 1997). 25. Ruba has a clear, unequivocal right to apply for a business license and receive a business license upon meeting the two requirements of Chapter 605 of the Ordinance. The issuance of the business license is a ministerial duty. The Respondents have re?ised to perform this ministerial duty, choosing instead to reject the business license solely upon the arbitrary, capricious and unconstitutional conditions they have imposed. WHEREFORE, Relators respectfully request that this Court enter its ?nal judgment and order requiring the City of Country Club Hills to issue a business license for the Laundromat Business, awarding Relators their attorneys? fees, expenses and costs incurred herein, and for such other and further relief as this Court deems just and proper, COUNT TEMPORARY, PRELIMINARY AND PERMANENT INJUNCTION 26. Relators incorporates herein by reference paragraphs 1-19 above. 27. Relators are also entitled to injunctive relief from this Court. There are three phases in an injunction proceeding: (1) a temporary restraining order granted with or without notice or a hearing; (2) a preliminary injunction granted after notice and a hearing; and (3) a permanent injunction granted after a ?nal disposition on the merits of the case. Pomirko v. SM, 693 323, 324 (M0.App.1985). Temporary restraining orders and preliminary injunctions ?merely seek to maintain the status quo between the parties and therefore are not ?nal judgments on the merits.? E. The purpose of a temporary restraining order and its general successor, a preliminary injunction, under Rule 92.02 is to preserve the status quo until the merits of plaintiff?s claim have been resolved. Village of Peerless Park, Missouri v. Geller, 726 405, 407 (Mo. Ct. App. 1987). 28. The status quo in this case is the issuance of a business license without the restrictions on hours of operation. If Ruba is forced to comply with the hour restrictions even though there is no legal right for the City to impose such restrictions, Ruba will suffer irreparable harm during the pendency of this litigation. 29. Relators have no adequate at remedy to enforce their rights to a business license without hours of operation restrictions for the Laundromat Business. WHEREFORE, Relators respectfully requests that this Court enter its judgment and order of Temporary, Preliminary and Permanent Inj unctive Relief: a. prohibiting, until further order of this Court, the enforcement of any restriction on the hours of operation at the Laundromat Business; b. prohibiting, until further order of this Court, Respondents from refusing to issue a business license for the Laundromat Business; 0. prohibiting, until further order of this Court, Respondents from denying a business license for the Laundromat Business; and d. granting such other and further relief as this Court deems just and proper, including but not limited an award of attorneys? fees, expenses and costs incurred herein. COUNT IV VIOLATIONS UNDER 42. U.S.C. 1981, 1983, 1985 and 1988 30. Relators incorporate herein by reference paragraphs 1-29 above. 31. Pursuant to 42 U.S.C. 1981: All persons Within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal bene?t of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. 42 U.S.C. ?1981 (West). 32. Pursuant to 42 U.S.C. ?1983: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial of?cer for an act or omission taken in such of?cer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. 42 U.S.C. ?1983 (West). 33. any ?1983 action the initial inquiry must focus on whether the two essential elements to a 1983 action are present: (1) whether the conduct complained of was committed by a person acting under color of state law; and (2) whether this conduct deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the United States.? V. Taylor, 451 US 527, 535 (1981) (overruled in part not relevant here, by Daniels v. Williams, 474 US. 327, 330?331 (1986)). 34. ?The traditional de?nition of acting under color of state law requires that the defendant in a 1983 action have exercised power ?possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.? West v. Atkins 487 US. 42, 49, 108 2250, 2255, 101 L.Ed.2d 40 (1988) (quoting United States v. Classic, 313 US. 299, 326 (1941)). Gentry v. City of Lee's Summit, Mo., 10 F.3d 1340, 1342 (8th Cir. 1993). 35. Federal law, 42. U.S.C. ?1985, states: If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully quali?ed person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators. 42 U.S.C. ?1985 (West). 36. Pursuant to 42 U.S.C. ?1988: In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92?318 [20 U.S.C.A. 1681 et seq.], the Religious Freedom Restoration Act of 1993 [42 U.S.C.A. 2000bb et seq], the Religious Land Use and Institutionalized Persons Act of 2000 [42 U.S.C.A. 2000cc et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C.A. 2000d et seq.], or section 13981 of this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, except that in any action brought against a judicial of?cer for an act or omission taken in such of?cer's judicial capacity such of?cer shall not be held liable for any costs, including attorney's fees, unless such action was clearly in excess of such of?cer's jurisdiction. 42 U.S.C. ?1988 (West) 37. Respondents the City, Mayor McKinney, and Aldermen Coonce, Fraser and Thompson have knowingly acted individually and in conspiracy with one another, with deliberate, intentional and reckless disregard for the Constitutional rights of Relator, thereby entitling Relator to recover compensatory and punitive damages, as well as attorneys? fees, expenses and costs. WHEREFORE, Relators respectfully requests that this Court enter its ?nal judgment and order of damages, in an amount to be determined at trial, including compensatory and punitive damages, awarding Relators their attorneys? fees, expenses and costs incurred herein, and for such other and ?thher relief as this Court deems just and prOper. WITZEL KANZLER DIMMITT, LLC By: Jay L. Kanzler Jr. Jay L. Kanzler Jr., #41298 Coren Brown #62767 2001 S. Big Bend Blvd. St. Louis, MO 63117 . 314-645-5367 314-645-5387(fax) Attorneys for Plaintiffs/Respondents CHAPTER 605: BUSINESS REGULATIONS SECTION 605.010: DEFINITIONS Any person, partnership, ?rm or corporation engaged in or carrying on the business of selling any goods, wares or merchandise at any store, stand or place occupied for that purpose, within the City of Country Club Hills, is hereby declared to be a merchant, except as is or may be otheleSC provided by ordinance. (Ord. No. 228 7-6?55) SECTION .605 .020: LICENSE REQUIRED Every person coming within the foregoing de?nition of a merchant shall, before doing or offering to do business as such, procure from the City Clerk a license therefor in conformity With the provisions of this Chapter. (Ord. No. 228 7-6-55) SECTION 605.030: LICENSE NOT No license issued under the provisions of this Chapter shall be transferable or assignable. N0- 228 7-6?55) SECTION 605.040: MERCHANTS TO FILE STATEMENT The City Clerk shall after the ?rst (lst) day of March and before the ?rst (lst) day of June eaCh year, call upon every merchant, as de?ned in Section 605.010 of this Chapter, within the Cityof Country Club Hills and it shall be the duty of every merchant, whether So noti?ed or not, to furnish to the City Clerk prior to the ?rst-(lst) day of June of each year a statement of the value of the I greatest amount of goods, wares and merchandise that such merchant had in his/her possessron or under his/her control at any time between the ?rst (lst) Monday in July and the ?rst (lst) Monday of the month next preceding the date of the statement required herein, as well as a statement of the aggregate amount .of all sales made by such merchant during the preceding calendar year at each store, stand or place octmpied for that purpose within the City' of Country Club Hills, which statements shall be made in writing and delivered to the City Clerk, veri?ed by the af?davrt of the merchant or of?cer of the corporation making it, if residing within the City of Country Club Hills or if not, then by some credible person duly authorized to do so. (Ord. No. 228 7-6-55) SECTION 605.050: TAX ON INVENTORY AND SALES A. Every merchant coming within the de?nition of Section 605.010 hereof shall on or before the ?rst (1st) day of July each year pay to the City Clerk an annual merchant?s license tax of four dollars for each one thousand dollars or fractional part thereof, of the gross amount of sales made during the preceding calendar year by such merchant at each stand, store or place occuPied for the ptirpose within the City of Country Club Hills and in addition shall pay to the Cft)? I Clerk an ad valorem tax on the value of the largest amount of all goods, wares and merchandise situated within the City of Country Club Hills at the rate of three percent (3 of'sald value Of all such goods, wares and merchandise; provided however, that no license shall be Issued under the provisions of this Chapter having a sum less than three hundred dollars ($300.00) for any meICha?t other than one dealing in new or used automobiles; and provided further, that no license shall be in t: ??oo Zx 31.1.1 O. cu; 'oN ssa 605.050 Country Club Hills City Code 605-030 -issued under the provisions of this Chapter for a sum less than ?ve hundred dollars ($500.00) for any merchant dealing in new or used automobiles. B. A delinquent fee of ten percent shall be assessed for all licenses not paid in full and renewed by June ?rst (lst) of each year. (Ord. No. 228 6-7-55; Ord. No 455 5-12-82; 0rd. No. 641 . 9-11-02) SECTION 605.060: BOND When any merchant shall commence business within the City of Country Club Hills after the ?rst (lst) day of July in any year, such merchant shall take out a merchant's license, therefor, but beiore any license shall be issued, such merchant shall execute a bond to the City of Country Club Hills, to be approved by the Mayor, with two (2) or more suf?cient securities, who shall be freeholders at the time, or deposit with the City Clerk bonds of the State of Missouri or other securities of equal- value, conditioned that such merchant will on or before the ?rst (lst) day _of June next followmg furnish to the City Clerkstatements, veri?ed as required by this Chapter of the aggregate amount of all sales made by such merchant between the date upon which such merchant commenced busrness and the thirty-?rst (3lst) day of May next succeeding, and of the value of the greatest amount of goods, wares and merchandise that such merchant had in his/her possession or under his/her control between the date upon which such merchant commenced business and the thirty-?rst (31st) day Of May next succeeding, and that such merchant will pay to the City Clerk the merchant?s license tax due according to the provisions of this Chapter, which bond or securities shall be in such sum as the Collector may deem suf?cient to protect the City's interests. There shall be paid upon such statements the merchant?s license tax provided for in Section 605.050 of this Chapter. Any merChant who shall fail or neglect to perform or ful?ll the conditions of the bond executed by such merchant shall be deemed to have forfeited said bond, and in that event, it shall be the duty of the City Clerk to cause suit to be instituted thereon against the principals and all securities on such bond. a Court having competent jurisdiction, .or make sale of the securities deposited with him/her in lieu of such bond, at public sale, after having given ten (10) days? notice thereof in a newspaper of general circulation within the City' of Country Club Hills. (Ord. No. 228 7-6-55) SECTION 605.070: MERCHANTS TO KEEP ACCOUNTS It shall be the duty of each merchant to keep prOper books or records, in which shall be entered, in ink, and account of all sales made by such merChants and of all goods, wares and merchandise ?1 the possession or under the control of such merchant, which records shall always be open to the inspection of the City Clerk to verify the returns made by such merchant. The statements or returns made to the City Clerk, under the provisions of this Chapter, shall not be made public nor shall they be subject to the inspection of any person except the Mayor and the members of the Board of Aldermen. (Ord. No. 228 7-6-55) SECTION 605.080: DRAMSHOPS PROHIBITED The provisions of this Chapter shall not be construed to authorize any person to conduct a dramshop and the same shall only be authorized or lawful when commenced or operated in With applicable laws of the State of Missouri and ordinances of City of Country Club Hills relating to such establishments. (Ord. No. 228 7-6-55) 554 605090 I Business Regulations 605-120 SECTION 605.090: LICENSE .FORNI It shall be the duty of the City Clerk to furnish blanks for licenses which shall be in the following form: LICENSE Know all men by these presents, that having paid the County of State of Missouri, the sum of . dollars, in conformity to the ordinances of the said 13 hereby heme? and authorized to in the said' of - for the term of from the date hereof. Given this day of - Of 20_ (Signed) Mayor (Countersigned) City Clerk (Ord. No. 228 7-6?55) SECTION 605.100: COPIES OF LICENSES TO BE RETAINED The blank licenses, provided for in Section 605.090 of this Chapter, shall be executed in duplicate and a copy thereof retained by the City Clerk for his/her ?le. Upon the cepy of the license so retained by the City Clerk shall be entered separately the amounts of the total tax collected accordance with the statements ?led by such merchant based on the amount of sales and the value of the inventory of goods, wares and merchandise. (Ord. No. 228 ?10, 7-6-55) SECTION 605.110: PENALTY FOR FAILING TO OBTAIN LICENSE Any merchant selling or offering for sale, within the City of Country Club Hills, any qudS: Wales or merchandise without ?rst complying with the provisions of this Chapter, or shall otherwrse violate the provisions of this Chapter, shall be deemed guilty of a misdemeanor and, upon COHVICIIDH thereof, shall be ?ned not less than five dollars nor more than one hundred dollars ($100.00) for each offense. (Ord. No. 228 ?11, 7-6-55) SECTION 605.120: PENALTY FORFAILING TO FILE STATEMENTS AND PAY TAX Any merchant failing, neglecting or refusing to deliver the statements required by the provisions of this Chapter and to pay the license tax levied thereon on or before the ?rst (lst) day of July in each year shall be deemed guilty of a misdemeanor, and, upon comiction thereof, shall be ?ned not less- 555 605-120 Country Club Hills City Code 605-140 than ?ve dollars .00) nor more than one hundred dollars ($100.00) for each offense, and in addition thereto the City Clerk shall assess a license tax for double the aggregate amount of sales of such merchant and double the aggregate value of the greatest amount of goods, wares and merchandise in the possession or under the control of such merchant, to be determined by the best information available, and the City Clerk shall report the delinquent to the City Attomey. (Ord. No. 228 ?12, 7-665) SECTION 605.130: PENALTY FOR FALSE AFFIDAVIT Whoever shall make or file with the City Clerk, under the provisions of this Chapter, a false statement under oath, shall upon conviction thereof forfeit his/her license and- be subject to the penalty prescribed in Section 605.120 of this Chapter. It shall be the duty of the City Clerk to carefully examine all statements ?led by such merchant and refer to the proper authorities for prosecution all violations of this Chapter. (Ord. No. 228 ?13, 7-6-55) SECTION 605.140: PERSONS NOT TO BE CHARGED FOR BUSINESS LICENSE A. No person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college?, priest, lawyer, certi?ed public accountant, dentist, chiropractor, optometrist, chiropodist, or physician or surgeon in [21115 City shall be taxed or made liable to pay? any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, and after December 31, 2003, no investment funds service corporation as de?ned in Section 143.451, may be required to pay any such license fee in excess of twenty-?ve thousand dollars annually, any law, ordinance or Charter to the contrary notwithstanding. B. No person following for a livelihood the profession of insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in this City shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on his/her profession unless that person malntal?s busmess of?ce within the City of Country Club Hills. 556 Section 405.150 ZONING REGULATIONS Section 405.160 acted upon by it, but it shall be suf?cient to return certi?ed or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such Other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be veri?ed. 3. If; upon the hearing, it shall appear to the Court that testimony is necessary for the proper disPosition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with his/her ?ndings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination _of the Court shall be made. The Court may reverse or af?rm, wholly or partly, or may modify the decision brought up for revrew. - 4. Costs shall not be allowed against the Board unlessit shall appear to the Court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under Sections 89.080 89.110, shall have preference over all other civil actions and proceedings. ARTICLE VI Permits Section 405.160. Certi?cate of Occupancy. [0rd. No. 164 6-26-1950; 0111. No. 342 12-11-1974] A. Certificate Of Occupancy. No vacant land shall be occupied or used except for agricultural uses, 'and no building herea?er erected or structurally altered shall be occupied or used until a certi?cate of occupancy shall be issued by the Enforcement Of?cer. B. Certi?cate Of Occupancy For A Building. Certi?cate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and said certi?cate shall be issued within ?ve (5) days after the request for same shall have been made in writing to the Enforcement Of?cer after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certi?cate, a temporary certi?cate of occupancy may be issued by the Enforcement Of?cer for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of the premises or any other matter covered by this Chapter, and such temporary certi?cate shall not be issued except under such restrictions and prOvisions as will adequately insure the safety of the occupants. C. Certificate Of Occupancy For Land. 1. Certi?cate of occupancy for the use of vacant land or the change in the character of the use of land as herein provided shall be applied for before any such land shall be used or occupied and a certi?cate of occupancy shall be issued within ?ve (5) days a?er the application has been made, provided such use is in conformity with the provisions of these regulations. 405:23 Supp. 3/14 Section 405.160 COUNTRY CLUB HILLS CITY CODE Section 405.180 2. Certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations; A record 'of_ all certi?cates shall be kept on ?le in the of?ce of the Enforcement Of?cer and cepies shall be ?nnished, on request, to any person having a pr0prietary or tenancy interest in the building affected. A one hundred dollar ($100.00) fee shall be charged for a certi?cate .of occupancy. No permit ?for excavation for. any building shall be issued before application has been made for certi?cate of occupancy. D. Application For Certificate Of Occupancy For Existing Use. 1. The Operators of all commercial establishments and the owners of all non-conforming residential property of any nature within the City of Country Club Hills shall, six (6) months after the effective date of'this Chapter, make application to the Enforcement Of?cer for a certi?cate of occupancy as provided herein. Failure to comply with this provision shall constitute a violation of this Chapter and shall be subject to penalties provided herein. 2. No merchant's or operating license shall hereafter be granted to any applicant, nor- shall any such license thereafter be renewed, until a certi?cate of occupancy has been granted the applicant for such license. ?Section'405.170. Building Permits Plans to Accompany Application. [0rd. No. 164 6-26-1950] Application for building permits shall be accompanied by plans and speci?cations in detail to indicate the exterior and interior design, the grade and IOcation thereof, including a plat of the lot showing the dimensions of the building and lot and the size of the respective yards thereof and shall be approved by endorsement. thereon by the neighborhood committee as established by the restrictions covering Country Club home sites. The neighborhood committee shall pass 'on such plans to determine compliance with these requirements and with restrictions covering the property on Which such building 'is located and shall give such approval or rejection within a period of thirty (30) days after the receipt of such plans. Failure to secure the approval herein provided or the disregard of rejection of the neighborhood committee shall constitute a violation Of this Chapter and shall be subject to penalties provided herein. An appeal ?om the decision of the neighborhood committee may be taken to the Board of Adjustment as provided herein. ARTICLE VII Changes and Amendments Section 405.180. Changes and Amendments. Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modi?ed or repealed. In case, however, of a proteSt against such change duly signed and acknowledged by the owners of thirty percent or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or 405224 . Supp. 3/14 Section 405.180 ZONING REGULATIONS Section 405.210 within an area determined by lines drawn parallel to and one hundred eighty-?ve (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds of all the members of the legislative body of such municipality. The provisions of Section 89.050, relative to public hearing and of?cial notice shall apply equally to all changes or amendments. Section 405.190. Powers and Limitations of Legislative Body in City Hearings, Notice. The legislative body of such municipality shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and ?om time to time amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least ?fteen (15) days' notice of the time and place of such hearing shall be published in an of?cial paper or a paper of general circulation in such municipality. ARTICLE Enforcement and Violation Section 405.200. Enforcement. [Ord. No. 164 ?13, 6-26-1950] It shall be the duty of the Board of Aldermen to designate the prOper of?cer or department to enforce this Chapter. Section 405.210. Violation and Penalty. A. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of Sections 89.010 89.140, or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlaw?il erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an of?cer empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of Sections 89.010 89.140, - B. The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, 405:25 Supp. sate/14 Section 405 .210 1 COUNTRY CLUB HILLS CITY CODE Section 405.220 contractor or any other person who commits, takes part or assists in any such violation or who maintains. any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a ?ne of not less than ten dollars ($10.00) and not more than ?ve hundred dollars ($500.00) for each and every day that such violation continues or'by imprisonment for ten (10) days for each and every day such violation shall continue or by both such ?ne and imprisonment in the discretion of the Court. Notwithstanding the provisions of Section 82.300, however, for the second (2nd) and subsequent o?'enses involving the same violation at the same building or premises, the punishment shall be a ?ne of not less than two hundred ?fty dollars ($250.00) or more than one thousand dollars for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by' both such ?ne and imprisonment in the discretion of the court; a C. Any such person who having been served with an order to remove any such violation . shall fail to comply with such order ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 89.140, in the respect named in such order shall also be subject to a civil penalty of two hundred ?fty dollars ARTICLE IX Validity Section 405.220. Validity. [0111. No. 164 6-26-1950] The various provisions of this Chapter are not interdependent and if any Section, Subsection, sentence, clause or phrase of this Chapter shall be held to be invalid or unconstitutional, the remainder of the Chapter shall not be affected thereby but shall remain in force and effect. 405 :26 Supp. 3114 A Ron Powell, Architect a: - 1550 Wall Street Suite 222 :90 Saint Charles, MO 63303 Ron@RWPowell.com D. - a: (314) 401-3739 7455 Florissant Ave Mally Laundromat Meeting Notes from City Inspection Conducted by Mayor McKinney and Alderman Frazer on January 3, 2017 beginning at 10:00 am January 17, 2017 City of Country Club Hills 7422 Eunice Ave Country Club Hills, MO 63136?1 i98 Below are items the City of Country Club Hills are Requiring for the Business License: 1. The City is requiring Mally Laundromat to offer Drop?off Dry Cleaning and Laundry service. The person washing clothes may work when not open to the public (doors locked). 2. Don Fraser provided a copy of the city ordnance pertaining to Handicap Parking. Below details the required van accessible parking space for wheelchair access and ramp. 3. All parking blocks are to be lined-up and secured in place. to 4. Front and sides of building brick are to be cleaned by power washing and/or acid washed. 5. Security system with video cameras shall be installed. The cameras are to cover the interior and exterior, including the parking lot. Recorded for at least one week. 6. Drop?off Dry Cleaning and Laundry service sign will be installed in the existing sign box currently covered with 088. 7. All broken asphalt shall be repaired. 8. Public space Interior walls and trim painting work is to be completed. Box around exposed PVC pipe. Interior and exterior is to be cleaned. Weeds are to be removed. In back, remove vegetation five feel from exterior wall. 9. When weather permits, all exterior areas of building are to be covered with to match new gasoline station where not brick. 10. Concrete sidewalk is to be remove up to the control joint and place the ADA concrete ramp shown on item 2. Cracks in concrete shall be cleaned and gray concrete crack filler placed smooth (flush with sidewalk concrete). 1 1. Wifi shall be provided for customer use. 12. New cell phone sales are to be available. 13. Electronics products are to be available for purchase. 14. There are open spaces at back of all washing machines that must be closed-off with a finished material. The is an opening on the side of the washing machines on the back wall that also must be closed-off with a finished material. 15. Smooth rough ends of horizontal bars on windows (near change machine). 16. Coordinate with dry cleaning company for clothes rocking in backroom. 17. ADA concrete ramp shall be placed as shown on item 2. 18. Put lock on electrical panel in public area and put labeled key in office. 19. It's optional, but encouraged to place a steel bar down the center of air intake louvers. 20. The roof has been leaking onto dryers in the past, the leaks may have been repaired when the dryer vents through the roof were redone. roof leaking shall be monitored and repaired if still leaking. 21. Repair front doors, including weather stripping. 20. Laundromat will sell clothes washing products and household and electronics products. 21. Laundromat paying customers can take advantage free Wi-Fi. We will sell and service mobile devices. Business Income and City Revenue will be los?r if business hours are noi2z1r hours. Cus?romers needing lo wash ololhes of all hours will simply drive 10 Jennings and Ferguson. Laundroma?r needs all The income if can gel To become profilable. Mr Mohammad as made a huge inves?rmen?r in Couniry Club Hills. Please honor his commiimen?r by allowing him To serve The communi?ry 24 hours a day. Sincerely, Wit/W Ronald W. Powell BILL NO. 8_30_ ORDINANCE NO. s_21 AN ORDINANCE OF THE CITY OF COUNTRY CLUB HILLS, IVIISSOURI, SECTION OF THE CITY CODE REGARDING TIMES OF OPERATION FOR BUSINESSES BE IT ORDAINED BY THE BOARD OF ALDERNIEN OF THE CITY OF COUNTRY CLUB HILLS, MISSOURI AS FOLLOWS: Section 1. Section of the Country Club Hills Municipal Code, is hereby amended to read- as follows: SECTION HOURS FOR BUSINESS OPERATION Section 1. A. It shall be unlawful for any person to operate a place of business Within the City of Country Club Hills between the hours of 10:00 pm. and 6:00 am. of the succeeding day, except for the three weeks before December 25 of each year, when businesses may stay open until 12 midnight. Section 2. All ordinances and parts of ordinances in con?ict with this ordinance are hereby repealed. Section 3. This ordinance shall be in full force and effect from and after the date of passage and approval as provided by law. PASSED BY THE BOARD OF ALDERMEN FOR THE CITY OF COUNTRY CLUB HILLS THIS DAY OF January 2017. BENDER MCKINNEY, JR., MAYOR Attest: Rowena Hollins, City Clerk APPROVED AS TO FORM: Kenneth J. Heinz, City Attorney Final Roll Call: Alderman Coonce: Ayes Nay_ Abstain_ Absent Alderman Fraser: Ayes Nay_ Abstain_ Absent Aldenuoman Jones: Ayes Nay_ Abstain_ Absent Aldenuoman Thompson: Ayes Nay_ Abstain_ Absent: Mayor McKinney Jr: Ayes Nay_ Abstain_ Absent EXHIBIT 0 mun-mar; No. 5113