[CC 1985 §55.010]
As used in this Article, the following words and terms shall mean:
ADVERTISEMENT
The attempt by publication, dissemination, solicitation, circulation or any other means to induce, directly or indirectly, any person to enter into any obligation or acquire any title or interest in any merchandise.
MERCHANDISE
Includes any objects, wares, goods, commodities, intangibles, real estate or services.
SALE
Any sale, lease, offer for sale or lease or attempt to sell or lease merchandise for cash or on credit.
A. 
The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in Section 407.453, RSMo., in or from the State of Missouri, is declared to be an unlawful practice. The use by any person, in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in Section 407.453, RSMo., in or from the State of Missouri of the fact that the Attorney General has approved any filing required by this Chapter as the approval, sanction or endorsement of any activity, project or action of such person, is declared to be an unlawful practice. Any act, use or employment declared unlawful by this Subsection violates this Subsection whether committed before, during or after the sale, advertisement or solicitation.
B. 
Nothing contained in this Section shall apply to:
1. 
The owner or publisher of any newspaper, magazine, publication or printed matter wherein such advertisement appears or the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher or operator has no knowledge of the intent, design or purpose of the advertiser; or
2. 
Any institution or company that is under the direction and supervision of the Director of the Department of Insurance, Director of the Division of Credit Unions or Director of the Division of Finance, unless the Directors of such Divisions specifically authorize the Attorney General to implement the powers of this Chapter or such powers are provided to either the Attorney General or a private citizen by Statute.
C. 
It shall be the duty of each prosecuting attorney in his/her jurisdiction to commence any criminal actions under this Section.
D. 
It shall be an unlawful practice for any long-term care facility, as defined in Section 660.600, RSMo., except a facility which is a residential care facility I or a residential care facility II, as defined in Section 198.006, RSMo., which makes, either orally or in writing, representation to residents, prospective residents, their families or representatives regarding the quality of care provided or systems or methods utilized for assurance or maintenance of standards of care to refuse to provide copies of documents which reflect the facility's evaluation of the quality of care, except that the facility may remove information that would allow identification of any resident. If the facility is requested to provide any copies, a reasonable amount, as established by departmental rule, may be charged.
E. 
Any long-term care facility, as defined in Section 660.600, RSMo., which commits an unlawful practice under this Section shall be liable for damages in a civil action of up to one thousand dollars ($1,000.00) for each violation and attorney's fees and costs incurred by a prevailing plaintiff, as allowed by the Circuit Court.
[CC 1985 §55.030]
A. 
A person commits the offense of deceptive business practices if, in the course of engaging in a business, occupation or profession, he/she recklessly:
1. 
Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity; or
2. 
Sells, offers or exposes for sale or delivers less than the represented quantity of any commodity or service; or
3. 
Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he/she furnishes the weight or measure; or
4. 
Sells, offers or exposes for sale adulterated or mislabeled commodities; or
5. 
Makes a false or misleading statement for the purposes of obtaining property or credit.
[CC 1985 §55.040]
In the construction of the preceding Section, the following terms shall mean:
ADULTERATED
Varying from the standard of composition or quality prescribed by Statute or lawfully promulgated administrative regulations of this State lawfully filed or if none, as set by commercial usage.
MISLABELED
Varying from the standard of truth or disclosure in labeling prescribed by Statute or lawfully promulgated administrative regulations of this State lawfully filed or if none, as set by commercial usage; or represented as being another person's product, though otherwise accurately labeled as to quality and quantity.
A. 
A person commits the offense of odometer fraud in the first degree if he/she advertises for sale, sells, installs or has installed any device which causes an odometer to register any mileage other than the true mileage driven.
B. 
For purposes of this Section, the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance.
[CC 1985 §55.060]
A person commits the offense of false advertising if, in connection with the promotion of the sale of or to increase the consumption of, property or services, he/she recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.
[CC 1985 §55.070]
A. 
A person commits the offense of bait advertising if he/she advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services:
1. 
At the price which he/she offered them; or
2. 
In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or
3. 
At all.
[CC 1985 §55.080]
The offense described in Sections 605.030 through 605.070 shall be included offenses in the unlawful practices prohibited by Section 605.020. No person shall be convicted of a violation of both Section 605.020 and of one (1) or more of Sections 605.030 through 605.070 as a result of the same act by him/her.
[Ord. No. 797-C, 9-18-2017]
A. 
It shall be unlawful for any person or other entity, either by himself, herself, itself as owner or proprietor, or by any officer, manager, superintendent, agent, servant, tenant, landlord or employee of any such person, firm or corporation or other entity to exercise, carry on or engage in any occupation, trade, business, agency or activity within the corporate limits of the City of Canton, Missouri, without first taking out and having a license therefor. The annual charge for each license, except those for which a different license period is provided in this Section, and further excepting those for which the City has no authority to license, shall be as follows:
1. 
Regular occupational license holder: thirty-five dollars ($35.00) per year.
2. 
All non-resident contractors, including general contractors, all manner of subcontractors, plumbers, sheet rock hangers, roofers, concrete job contractors, road paving contractors, and any other contractor available for hire to perform any type of construction work shall obtain an annual license, with a license fee of thirty-five dollars ($35.00) per year for this type of license.
[Ord. No. 797-C, 9-18-2017]
A. 
The following occupations are exempt from the provisions of this Article and are not required to obtain an occupational license or provide proof of insurance:
1. 
Minister;
2. 
Teacher;
3. 
Priest;
4. 
Attorney-at-Law;
5. 
Certified Public Accountant;
6. 
Dentist;
7. 
Chiropractor;
8. 
Optometrist;
9. 
Physician;
10. 
Mental Health Counselor;
11. 
Insurance Agent;
12. 
Hair Salon or Beauty Parlor;
13. 
Barber;
14. 
Veterinarian;
15. 
Architect;
16. 
Professional Engineer;
17. 
Land Surveyor;
18. 
Auctioneer;
19. 
Real Estate Broker or Salesman.
[Ord. No. 797-C, 9-18-2017]
A. 
Annual occupational license fees shall be due and payable on or before January 15 of each year. For any business or occupation licensed for the first time prior to July 1 of any year, the full yearly amount shall be charged. For any such business or occupation licensed for the first time on July 1 or thereafter and prior to October 1, one-half (1/2) of the full yearly amount shall be charged. For any such business or occupation licensed for the first time on or after October 1 of any year, one-fourth (1/4) of the yearly amount shall be charged.
B. 
The Board of Aldermen may, before any delinquency and for good cause shown, extend the time for payment for a period not to exceed sixty (60) days.
C. 
The license year for all occupational licenses shall coincide with the calendar year, beginning January 1 and ending December 31.
[Ord. No. 797-C, 9-18-2017]
A. 
It shall be the duty of the City Clerk to issue as many licenses under the Corporate Seal of the City as from time to time may be required by virtue of the provisions of this Article. All licenses so issued shall be filled in by the City Clerk so as to designate the business or vocation for which the license is issued, and the amount to be paid therefor.
B. 
The license shall be delivered by the City Clerk to the City Collector who shall give a receipt therefor and who shall be charged therefor by the City Clerk, and the City Collector shall then issue and collect for the license from the recipient of the license, and the City Collector shall keep good and sufficient records of all licenses issued and all fees received in payment for the issuance of the license.
C. 
The City Collector shall make a monthly statement to the Board of Aldermen to report the number of licenses issued by the City Collector during the preceding month, for what purpose issued, and the amount of license fees collected. The City Collector shall in no case issue a license until the fees due upon such license have been paid.
D. 
All licenses authorized by this Article shall be signed by the Mayor and City Clerk and countersigned by the City Collector. The City Clerk shall affix thereto the Corporate Seal of the City. Each such license shall be in substantially the following form:
STATE OF MISSOURI
)
)
COUNTY OF LEWIS
) SS.
)
CITY OF CANTON
)
THE CITY OF CANTON, MISSOURI, TO ALL PERSONS WHO SHALL SEE THESE PRESENTS, GREETING:
_______________, having on the __________ day of __________, 20___, paid to the City Collector of the City of Canton, Missouri, the sum of $__________, being the amount of the license fee levied upon the licensed business, having complied otherwise with the provisions of the ordinance of said City, empowering the licensed occupation within the City of Canton from the __________ day of __________, 20___, to the __________ day of __________, 20___.
IN WITNESS WHEREOF, the duly elected and serving Mayor of the City of Canton, the duly appointed City Clerk of the City of Canton, and the duly appointed City Collector of the City of Canton, Missouri, have hereunto set their hands and affixed the Corporate Seal of said City at the City Office this __________ day of __________, 20___.
__________
__________
Mayor
City Clerk
__________
City Collector
[Ord. No. 797-C, 9-18-2017]
A. 
Each license granted by the City shall be carefully preserved and be displayed in a conspicuous place in the place of business of the licensee authorized to be conducted by such licensee; or, if there is no fixed place of business, then the license shall be carried on the person of the licensee at all times while the licensee is transacting business thereunder, and shall be displayed by the licensee upon request, or to any Police Officer within the City.
B. 
Any licensee under this Article desiring for any person to obtain a copy of the license issued to such licensee may obtain such copy from the City Collector upon payment of the sum of five dollars ($5.00).
[Ord. No. 797-C, 9-18-2017]
A. 
All licenses issued by the City shall be deemed to be a personal privilege and shall be revocable at any time by the Board of Aldermen upon satisfactory proof that the licensee has committed any one (1) of the following acts:
1. 
Failure to pay any currently due and payable municipal, County or State taxes, including any unpaid and delinquent taxes for any year not barred by the Statute of Limitations.
2. 
Violated any ordinance of the City of Canton, Missouri.
3. 
Violated any Federal or State Statute relating to the business or acts done under such license.
4. 
The licensee has been misrepresenting the goods or services sold or offered for sale in the City.
5. 
The licensee has been practicing any fraud upon the public.
6. 
The licensee has been selling for food for animals or human beings any unwholesome or unfit substances.
7. 
The licensee has been conducting a business not covered by the license issued by the City or has been conducting any unlawful place of business or has been conducting any place of business dangerous to public health or safety or detrimental to public morals.
B. 
If any license is terminated by revocation, death of the licensee, bankruptcy of the licensee, or for any other reason, all fees or taxes paid to the City therefor shall be forfeited to the use of the City.
C. 
No person or entity whose license has been revoked by the Board of Aldermen shall thereafter be entitled to engage in the business or do the acts for which such license was issued in the City, unless the Board of Aldermen, for good cause shown, removes such disqualification.
[Ord. No. 797-C, 9-18-2017]
A. 
Every person, firm, corporation or other entity obtaining an occupational license from the City of Canton, Missouri, shall provide proof to the City that all structures, whether owned by the applicant for the license or by a third party, where the business is operating are covered by fire, windstorm and extended coverage insurance in an amount not less than fifty thousand dollars ($50,000.00).
B. 
The following information shall be provided to the City at the time the application for an occupational license is applied for:
1. 
Name of the insurance company and name and address of the agent that processed the policy.
2. 
Policy number.
3. 
Expiration date.
4. 
As an alternative to (B)(1), (B)(2) and (B)(3) above, the applicant may provide a current copy of the fire, windstorm and extended coverage policy.
C. 
As part of the licensee's obligation to hold an occupational license in the City, the licensee shall inform the City of any change in policy for a particular property or business or cancellation of a policy for said property or business within ten (10) days of said change or cancellation. Failure to do so will result in revocation of the occupational license.
D. 
Any insured loss that shall occur shall be subject to the procedures for damage to buildings in the City of Canton arising out of fire, explosion or other casualty as set forth in Section 505.080(A)(8), (A)(9), (A)(10), (A)(11), and (A)(12) of the Municipal Code of the City of Canton, Missouri.
[Ord. No. 797-C, 9-18-2017]
A. 
Any person convicted of a violation of this Article shall be subject to the penalty as set forth in Section 100.220 of the Municipal Code of the City of Canton, Missouri.
1. 
Any person deemed to be violating the terms and conditions of this Article shall be given notice by the City Clerk of the City of Canton, Missouri, of the violation, and the person so notified shall have fifteen (15) days from the date of the mailing by certified mail to the license holder who is violating the terms of this Article.
2. 
After the expiration of the fifteen (15) day notice period, if the licensee has not corrected the violation then a complaint will be filed in the Circuit Court of Lewis County, Municipal Division at Canton, for violation of this Article, subject to the penalties set forth in Section 100.220 of the Municipal Code of the City of Canton, Missouri.