1. Licensing Of Bed-And-Breakfast Establishments. Except as otherwise provided in this Section, every individual, corporation, or other business entity desiring to operate a bed-and-breakfast, as herein defined, within the City is required to make written application for a license with the Aurora City Clerk. No person shall be permitted to operate a bed-and-breakfast within the City unless that person has been issued a license. Such license shall be kept on file at all times on the premises of the bed-and- breakfast.
2. Application For License And Business License Fees. Any person desiring to engage in operating a bed-and-breakfast in this City shall file, on a form supplied by the City Clerk, an application with the City Clerk, stating the following and shall pay a non-refundable business license fee:

a. Name of applicant;
b. Address of applicant;
c. Name and address of the individual(s), firm, corporation, organization, association or group represented, if other than an individual;
d. Zoning category and address of the structure where the bed-and-breakfast is to be located, accompanied by written permission of the property owner for use of the property, if other than the applicant;
e. The number of rooms within the structure to be used as bedrooms for sleeping by the paying guests;
f. The maximum number of paying guests proposed to occupy each room;
g. The date on which applicant desires to commence operating business;
h. Period of time for which a license is requested;
i. Place or places of residence of the applicant for the preceding three (3) years;
j. The names of other communities where the applicant has operated a bed-and-breakfast within the last two (2) years;
k. Names of other communities where the individual(s), firm, corporation, organization, association or group for which the applicant is working has operated a bed-and-breakfast or similar operation within the last two (2) years;
l. Whether or not the applicant has ever been convicted of a felony under the laws of the State of Missouri or any other State or of the United States;
m. Birth date, social security number and telephone number of the applicant;
n. Said application shall also be accompanied by a letter or other written statement from the individual(s), firm, corporation, organization, association or group for which the applicant will be operating a bed-and-breakfast certifying that the applicant is authorized to act as representative of said individual(s), firm, corporation, association or group;
o. All statements made by the applicant upon the application or in connection therewith shall be under oath; and
p. A waiver must be signed and submitted with the application by the applicant, giving permission and authorization to the City Police Department to run the necessary checks to confirm information within the application.

City Clerk Shall Process Application — Maintain Records. The City Clerk shall cause to be kept in the office of the Clerk, an accurate record of every application received, together with all other information and data received, together with all other information and data pertaining thereto and all licenses issued under the provisions of this Section and the denial of applications. Applications for licenses shall be numbered in consecutive order as filed, and every license issued, and any renewal thereof, shall be identified with a duplicate number of the application upon which it is issued. Within two (2) working days, (not including weekends or holidays) of the receipt of the application by the City Clerk, the original of such application shall be referred to the Chief of Police for investigation.

Investigation And Approval Of The Application. The Chief of Police shall cause such investigation to be made of the applicant's business and moral character and the business and moral character of the individual(s), firm, corporation, organization, association or group for which the applicant will be operating a bed-and-breakfast as he/she deems necessary for the protection of the public good. The Chief of Police shall endorse on such application his/her approval and return the application to the City Clerk within ten (10) days from the date of receipt of the application by the Chief of Police, unless:

1. The individual requesting the license has, within ten (10) years of the date of the application:

a. Been convicted of the commission of a felony under the laws of the State of Missouri or any other State or of the United States, involving violence, fraud, arson, moral turpitude, stealing, sexual abuse of any type, or patient or resident abuse;
b. Been convicted of a violation of any provisions of this Section;
c. Lost his/her license to operate a bed-and-breakfast by revocation as herein provided;
d. Been convicted of a crime, misdemeanor or violation of any ordinance concerning operation of a bed-and-breakfast or similar room or boarding operation; or
e. Falsified any information required by this Section as a part of the application process; or

2. The individual(s), firm, corporation, organization, association or group for which the applicant will be operating the bed-and-breakfast or similar room or boarding operation has, within ten (10) years of the date of the application, engaged in any of the activities or suffered any of the penalties specified in Subsection (D)(1) above; or
3. The applicant refuses to consent to an investigation by the Chief of Police.

Refusal Of Application. If, as a result of such investigation, the applicant is not entitled to receive a license under this Section for any of the reasons set forth in Subsection (D) above, the Chief of Police shall endorse on such application his/her disapproval and his/her reasons for the same and return the application to the City Clerk, who shall notify the applicant that his/her application is disapproved, the reasons therefor, and that no license will be issued. Notification shall be hand delivered by the Chief of Police or his/her designee or sent by certified mail, return receipt requested, within three (3) days of the return of the application to the City Clerk. Any person aggrieved by the decision of the City Clerk to deny a license shall have a right to appeal to the City Council as provided in Subsection (I) below. The appeal shall be heard at the next regularly scheduled City Council meeting or at such other time agreeable to both parties, but in any event not later than thirty (30) days.

Issuance Of License To Operator. The City Clerk, upon receipt of the signed approved application from the Chief of Police, shall, upon payment of all required license fees, deliver to the applicant his/her license. The license shall contain the signature and seal of the Mayor and City Clerk, and shall be countersigned by the City Treasurer or Finance Officer, and shall display the name and address of the person, individual(s), firm, corporation, organization, association or group the license is representing, the date of issuance of the license and the length of time the license shall be operative, as well as the license number and the address of the bed-and-breakfast. The Clerk shall keep a permanent record of all licenses issued and shall notify the Police Department of all licenses issued.

1. An operator's license shall not authorize any person to operate a bed-and-breakfast in any other place than that location specified on the license.
2. No license issued hereunder may be assigned or otherwise transferred to another location or person.

Term Of The License. The license fees are imposed for the privilege of carrying on the activities authorized for the term specified in the license. Each license shall expire at the end of the term specified unless otherwise renewed upon payment of an additional license fee.

Suspension Or Revocation Of A License By The City Clerk.

1. Any license issued pursuant to this Section may be suspended or revoked by written order of the City Clerk because of any violation by the licensee of this Section; or if the premises cease to be fit for human habitation or constitutes a structural, health or fire hazard; or whenever the licensee shall cease to possess the qualifications and character required in this Section for the original licensing. Notification shall be promptly hand delivered by the Chief of Police or his/her designee or sent by certified mail. The order of suspension or revocation shall be effective ten (10) days after the licensee receives notice thereof, unless appealed as provided below; in which case, the order shall be stayed until it becomes final pursuant to law.
2. Any person aggrieved by the decision of the City Clerk to suspend or revoke a license shall have the right to appeal to the City Council under Subsection (I) below. The appeal shall be heard at the next regularly scheduled City Council meeting or at such other time agreeable to both parties, but in any event not later than thirty (30) days.

Denial, Suspension And Revocation Of License — Hearing Provisions.

1. If a license is denied, revoked or suspended by the City Clerk, the applicant or licensee may send a written appeal within ten (10) days of receipt of the notice of denial, revocation or suspension to the City Clerk for a hearing before the City Council. At least ten (10) days' notice of a hearing shall be mailed to the applicant's or licensee's last known address, which notice shall state the time and place for a hearing on the denial, suspension or revocation and shall set forth the grounds in a general manner. The applicant or licensee shall have the right during such hearing to be represented by an attorney and present witnesses or other competent evidence. If the applicant or licensee requests a hearing, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri, and review from the decision may be had to the Circuit Court of Lawrence County, Missouri.
2. License Suspended Or Revoked — Fee Returned. Any license may be suspended or revoked in cases where it has been previously issued upon the determination that:

a. False or inaccurate statements or representations were contained in the application or made to a City official at the time of application;
b. The licensee has violated any provision of this Section;
c. The licensee has engaged in any behavior or suffered any penalties which would have originally disqualified the licensee for a license; or
d. The licensee fails or refuses to pay the applicable annual license fee.

In any event of the revocation of a license, license fees shall be refunded on a pro-rata basis.

See Form Center for more information.