[Editor's Note: Former Ch. 605, Business Regulations, was repealed
11-8-2023 by Ord. No. 30-23. Prior history includes Ord. No. 01-6.]
[Ord. No. 30-23, 11-8-2023]
As used in this Chapter:
All manner of business, trades, and avocations whatsoever transacted, conducted, and carried on for gain, profit, or as a means of livelihood in the Village of Indian Point, Stone County, Missouri. Exceptions as set forth in Section 605.110.
[Ord. No. 30-23, 11-8-2023]
A.
It shall be unlawful for a person to operate a business within the
Village without first having obtained a valid business license or
permit. It shall be unlawful for a person to continue to operate a
business after the expiration of the license unless a new license
has been issued.
1.
Advertising or soliciting constitutes engaging in business. For purposes
of this Section, "advertising" means the use of any billboard, sign,
newspaper, radio, television, telephone listing, computer listing,
social media listing, or other message or device whereby the services
or products are offered to the public. The listing is an advertisement
of an address which is inside the Village or a telephone number associated
with the business shall constitute prima facie evidence that the person
is engaged in the business activity that is being advertised. It shall
be unlawful for any person who is required by the provisions of this
Chapter to secure a license to advertise the activity without first
securing such a license.
2.
It shall be unlawful for any person who is required by the provisions
of this Chapter to have a license in order to engage in the licensed
activity to solicit, to accept consideration, or to offer the services
or products to the public without first obtaining a license.
[Ord. No. 30-23, 11-8-2023]
A separate license shall be obtained for each separate legal
business entity conducted, operated, maintained, or carried on by
every person engaged in any business or manufacturing for which a
license is required by this Chapter.
[Ord. No. 30-23, 11-8-2023]
Whenever any application made by a person for a license under
the provisions of this Chapter is engaged in more than one (1) business,
which is not operated as a separate legal business entity, at the
same address, such person shall set forth on the business license
application the information for all businesses conducted at the same
address, as required for the purpose of determining the license fee,
or fees, the same as if all were conducted as a separate business
operation.
[Ord. No. 30-23, 11-8-2023]
A.
In
accordance with Section 144.083.2, RSMo., the possession of a retail
sales license shall be a prerequisite to the issuance of any license
in accordance with this Chapter which is required for conducting any
business where goods are sold at retail.
B.
Each
applicant for a business license under this Chapter shall submit a
statement from the Missouri Department of Revenue pursuant to Section
144.083.4, RSMo., stating no tax is due, which statement is a prerequisite
to the issuance or renewal of a Village business license. The statement
required by this Section shall be dated within ninety (90) days of
submission of the business license application or renewal application.
C.
An
application must be made before the issuance of a license by the Village
of Indian Point before engaging in any occupation, business or avocation
for purposes of business. A State tax identification number, if applicable,
will be required prior to the issuance of a license. The location
and activity must be in accordance with the property zoning. It is
further made a violation of this Section to provide fraudulent information
to the Village Clerk and may result in the revocation of the business
license.
[Ord. No. 30-23, 11-8-2023]
A.
A business
license required under the provisions of this Chapter shall not be
issued by the Village Clerk to any business until such business provides
the Village with a certificate of insurance for workers' compensation
coverage if the applicant for the license is required to cover such
liability under Chapter 287, RSMo.
B.
Nothing
in this Section shall be constituted to create or constitute a liability
to or a cause of action against the Village in regard to the issuance
or non-issuance of any license for failure to provide evidence of
workers' compensation coverage.
[Ord. No. 30-23, 11-8-2023]
No license issued under the provisions of this Chapter shall
be transferred to another person or persons, firms, co-partnership
or corporation.
[Ord. No. 30-23, 11-8-2023]
A.
The
fee for each license will be in accordance with the fee schedule approved
by the Board of Trustees.
B.
All
annual licenses shall run from the last day of March to the last day
of March the following year. The annual fee together with a new application
shall be due on or before the first day of March of each year.
[Ord. No. 30-23, 11-8-2023]
A.
In
case of failure to apply for a license required by this Chapter on
or before the date prescribed therefor, determined with regard to
any extension of time for making an application, unless it is shown
that such failure is due to reasonable cause and not the result of
willful neglect, evasion or fraudulent intent, there shall be added
to the amount required to be paid one-half (1/2) of the cost of license.
B.
Any
person or persons, contractor, firm, co-partnership or corporation
found guilty of violating any of the provisions of this Chapter shall
be fined not less than one hundred dollars ($100.00) nor more than
five hundred dollars ($500.00) for each offense and issued a ticket
for a Municipal Code Violation by the Indian Point Police Department.
[Ord. No. 30-23, 11-8-2023]
A.
The
Board of Trustees shall have the power to suspend or revoke any license
granted under the terms and provisions of this Chapter whenever it
shall be shown, or whenever they have knowledge that a license is
conducting said business in violation of any ordinance of the Village.
The Board of Trustees shall have the power to issue subpoenas and
all necessary processes and to require the production of papers, to
administer oaths and to take testimony to make findings thereon.
B.
The
Board of Trustees shall not suspend any license issued under this
Chapter for period in excess of sixty (60) days.
C.
Where the action or suspension or revocation is to be taken pursuant to this Chapter, the license shall have five (5) days written notice of the Board of Trustees' intention to suspend or revoke the license prior to the hearing on such suspension or revocation. Such notice shall follow the proceedings of Section 100.160 of the Village Code.
D.
The
license shall have full right to be represented by counsel at such
hearing, to produce witnesses in his/her behalf, and any such hearings
provided shall be before the Board of Trustees.
[Ord. No. 30-23, 11-8-2023]
All licenses issued by the Village under this Chapter shall
be carefully preserved and prominently displayed in a conspicuous
manner in the place of business authorized to be conducted by such
license.
[Ord. No. 30-23, 11-8-2023]
A.
The
following business shall be exempt from Village license requirements:
1.
Any minister of the gospel, church, teacher, a professor in college,
priest, lawyer, certified public accountant, dentist, optometrist,
physician, or surgeon.
2.
Any insurance agent or broker, veterinarian, architect, professional
engineer, land surveyor, auctioneer, or real estate broker or real
estate salesmen, unless that person maintains a business office within
Village limits.
3.
Any farmer or producer of produce raised by him/her, when sold from
his/her wagon, cart vehicle, or stand, or any person in the employ
of such farmer or producer.
4.
Any additions or deletions to this list as required by State law.
