[R.O. 2009 §605.010; CC 1976 §16-1; Ord. No. 2400 §1, 10-4-2010]
Unless otherwise provided herein, the term of all licenses shall
be due on July first (1st) of each year. For the first (1st) year
(2010—2011) there shall be a prorating for renewal licenses
and new applicants from their date of issue to June 30, 2011.
[R.O. 2009 §605.020; CC 1976 §16-2; Ord. No. 780 §1, 9-30-1975; Ord. No. 2339 §1, 6-1-2009]
A.
No license
or permit provided for or required under any ordinance of the City
of Higginsville, Missouri, shall hereafter be issued by the City to
any person, firm or corporation until the City personal tax for the
preceding years shall first have been paid.
B.
The possession
of a retail sales license and a statement from the Department of Revenue
that the licensee owes no tax due under Sections 144.010 to 144.510
or Sections 143.191 to 143.261, RSMo., shall be a prerequisite to
the issuance or renewal of any City occupation license or any license
which is required for conducting any business where goods are sold
at retail. The date of issuance on the statement that the licensee
owes no tax due shall be no more than ninety (90) days before the
date of submission for application or renewal of the local license.
The revocation of a retailer's license by the Director shall render
the occupational license or the license null and void.
C.
No license
or permit provided for or required under Title VI: Business and Occupation
of the Code of Ordinances of the City of Higginsville, Missouri, shall
hereafter be issued by the City to any person, firm or corporation
without a statement from the Department of Revenue of the State of
Missouri that no tax is due under Sections 143.191 to 143.265 and
Sections 144.010 to 144.510, RSMo. The statement of no tax due shall
be dated no longer than ninety (90) days before the date of submission
for application or renewal of the license or permit.
D.
No license or permit shall be issued to any residential user, as defined in Section 245.030 of this Code, who is delinquent in payment of the solid waste management collection charge to the City of Higginsville, Missouri.
E.
It is
hereby provided that dog licenses and registration fees and bicycle
licenses or registration fees are exempt from the provisions contained
herein.
[R.O. 2009 §605.030; CC 1976 §16-3; R.O. 1954 §128; Ord. No. 275 §1, 11-4-1963; Ord. No. 276 §1, 11-4-1963; Ord. No. 486 §1, 6-2-1969]
A license tax is hereby levied on the following businesses,
trades, vocations and objects, to be collected as herein provided.
Unless otherwise provided, such license taxes shall be annual.
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Agricultural Implements, dealers in, whether
selling on their own account or for others, and no regular business
house is kept, for six (6) months
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$25.00
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Banks
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$100.00
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Billiard or Pool Tables, Per table for six
(6) months
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$5.00
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Billposters
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$7.50
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Boardinghouses, public
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$5.00
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Or, for six (6) months
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$3.00
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Bowling Alleys or Ten Pin Alleys, Per alley
for six (6) months
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$5.00
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Circus, Carnival or Menagerie Shows, including
parades and exhibitions:
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Admission of $0.50 or more
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$25.00
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Admission of $0.25-$0.49
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$15.00
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Admission of $0.10-$0.24
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$10.00
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Side shows and animal shows not exhibiting under the main canvas
of circus
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$5.00
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All licenses herein provided for shall run for a period of twenty-four
(24) hours.
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No circus, carnival or group of stands for the sale, exhibition
of merchandise, etc., of the type commonly used in circuses and carnivals,
shall be set up or operated within the City limits.
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Dance Halls
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$25.00
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Exhibitions or Shows, on any street or elsewhere
in the City to which an admission is charged, or at which articles
are sold or offered for sale, not otherwise licensed:
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Per day
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$5.00
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Per month
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$20.00
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Hawkers, Per day
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$10.00
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The term "hawker" as herein used shall mean
and include any person who carries his/her goods with him/her for
sale and attracts attention of buyers by outcry, placards, labels
or signals.
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Horses and Cattle, dealers in
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$20.00
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Hotels, meaning any place where transient guests
are admitted to lodge, as well as one where such guests are fed and
lodged:
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Ten (10) rooms or less
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$17.50
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More than ten (10) and less than twenty (20) rooms
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$23.75
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Twenty (20) rooms or more
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$30.00
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Ice Trucks
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$15.00
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Provided that this provision shall not apply to ice dealers
who pay a merchant's license.
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Insurance Agents engaged in selling other than
life insurance
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$25.00
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Insurance Companies engaged in life insurance
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$25.00
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Loan Agents
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$25.00
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Loan Companies:
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Regular building and loan associations
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$25.00
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All other loan companies
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$25.00
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Manufacturing Corporation
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$25.00
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Provided, that when such corporation does a retail business
in goods manufactured by it, such corporation shall pay a merchant's
license in addition to the tax herein provided.
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Mercantile Agents
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$15.00
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Motion Picture Shows
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$50.00
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Peddlers, Per day
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$10.00
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Whoever shall deal in the selling of patents, patent rights,
patent or other medicines, lightning rods, goods, wares or merchandise
of any kind, except pianos, organs, sewing machines, books, charts,
maps and stationery, agricultural products, including milk, butter,
eggs and cheese, and horticultural products, such agricultural or
horticultural products having been produced by such vendor, by going
about from place to place to sell the same, is declared to be a "peddler".
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Photographers
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$15.00
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Or, for six (6) months
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$10.00
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Pistol and Shooting Galleries, Ball Throwing
or like amusements:
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Per day
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$1.00
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Per month
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$5.00
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Restaurants
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$25.00
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Or, for six (6) months
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$12.50
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Scales: Hay, wagon, stock or truck scales
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$5.00
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Skating Rink
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$50.00
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License may be extended for two (2) months for $8.50 per month.
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Street Vendors generally, Per day
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$35.00
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Street vendors employing entertainment to attract prospective
buyers or crowds, Per day
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$35.00
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Whoever shall offer for sale any goods, wares or merchandise,
patent or manufactured medicines, medical appliances, or any article
whatsoever, by outcry, on any street or public highway or place, or
upon any vacant lot near such public highway, or in any building in
the City, shall be deemed a street vendor.
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Tent Shows, when charging an admission, Per
day
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$2.50
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Plus, if an extra charge is made for reserved seats, Per day
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$5.00
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Provided that all concerts, tableaus or other exhibitions for
charitable, religious or educational purposes, or organized exclusively
by home talent, shall be exempt from such license.
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Transient Merchants, Per day
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$35.00
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A "transient merchant" is for the purpose of
this Section defined to be a person, firm or corporation, in charge
of, or who opens any place of business in the City, for the purpose
of temporarily retailing any goods, wares or merchandise, fruit, vegetables,
flour and other groceries, clothing, dry goods, jewelry or other articles
or things, or who shall offer the same for sale, in any quantity,
from any car, truck, motor or other vehicle, warehouse or other place
within the City.
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Traveling or Auction Stores:
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Per day
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$10.00
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Per month
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$50.00
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Trucks and Other Vehicles operated on the streets
of the City for the delivery and sale of goods, wares, merchandise,
articles or things
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$15.00
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Provided, that no license shall be required on delivery trucks
or other vehicles of merchants who have a place of business within
the City and who pay a regular merchant's license, and provided
further, that no license shall be required of persons delivering or
selling agricultural or horticultural products raised or grown by
such persons, firms or corporations in their usual course of business.
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Vehicles Used For Hauling For Hire, Per vehicle
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$15.00
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Or, for six (6) months, Per vehicle
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$7.50
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Vehicles Used For Transportation Of Passengers For Hire, Per vehicle
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$25.00
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Or, for six (6) months, Per vehicle
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$12.50
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Wholesale Dealers in oils, greases, coal oil,
except gasoline
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$40.00
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[R.O. 2009 §605.040; CC 1976 §16-4; R.O. 1954 §137]
No license granted by the City to any person, company or persons,
or corporation, to conduct, transact or carry on any business in this
City shall authorize the licensee or licenses to blend with such business
any other business for which a separate license might be required,
but in such case a separate and appropriate license shall be taken
out.
[R.O. 2009 §605.050; CC 1976 §16-5; R.O. 1954 §152]
The Collector shall on the first (1st) Monday in April of each
year, return to the City Clerk a list of all licenses granted by him,
and not before accounted for, showing the name of the person to whom
granted, the amount of tax collected or due on each, the commencement
and termination of each license granted by him, and the bonds taken
by him/her as required by this Chapter which shall be filed and preserved
by the City Clerk.
[R.O. 2009 §605.060; CC 1976 §16-6; R.O. 1954 §140]
All licenses shall run in the name of the City and be signed
by the Mayor, be subscribed by the City Clerk, and countersigned by
the City Collector, and attested by the Seal of the City.
[R.O. 2009 §605.070; CC 1976 §16-7; R.O. 1954 §139]
No peddler shall obstruct or interfere with the use of the public
of any street, alley or avenue of the City, nor station himself, herself
or themselves in front of, or so near to any regular business stand,
house or place as to interrupt or interfere with the trade or custom
thereof; and every peddler shall be subject to the orders of the Chief
of Police as to the particular place, or places, of vending on the
streets.
[R.O. 2009 §605.080; CC 1976 §16-8; R.O. 1954 §138]
The Mayor, in his/her discretion, may direct the Collector to
issue peddler's licenses to any person or persons who is or are blind,
lame, maimed, or otherwise physically helpless or disabled, without
the payment of any license tax therefor and the Mayor may also reduce
the peddler's license tax whenever, in his/her opinion, such reduction
will not interfere with, or infringe upon the rights of residents,
merchants and tradesmen.
[R.O. 2009 §605.090; CC 1976 §16-9; R.O. 1954 §154]
Whoever shall exercise any of the avocations, or carry on or
engage in any business for which a license is required under the provisions
of this Chapter, without first obtaining a license therefor, shall
be guilty of an ordinance violation.
[Ord. No. 2379 §1, 6-21-2010]
A.
Suspension, Revocation Or Non-Renewal. Whenever the Mayor
or City Administrator has information that:
1.
The
applicant or licensee for an occupational license has violated or
knowingly allowed or permitted the violation of the provisions of
this Section or any other codes and ordinance of the City;
2.
The
applicant or licensee for an occupational license has violated or
knowingly allowed or permitted the violation of the provisions of
any Federal, State or County Statutes or regulations;
3.
There
have been recurrent violations of provisions of this Section or other
law that have occurred under such circumstances that the applicant
or licensee of a business knew or should have known that such violations
were being committed;
4.
The
applicant or licensee failed to make a complete disclosure of all
information requested in the application for such license or renewal
thereof;
5.
The
applicant has failed to pay the appropriate tax owed under this Chapter;
or
6.
The
licensee has conducted the business in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety or general welfare of the public; or
7.
The
applicant or licensee has made a false statement on their application
for a license or renewal;
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then in such event, the Mayor shall appoint a hearing officer
who shall hold a hearing in the manner provided in this Section to
ascertain all facts in the matter.
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B.
Notice Of Hearing. Notice of such hearing shall be in writing
and shall set forth the reason for the hearing or the complaint against
the licensee and shall be served upon the licensee in person or by
certified mail sent to the licensee's last known address. In the event
that the notice is not able to be served upon the licensee in person,
and any notice sent by mail is returned by the postal service, the
City shall cause notice to be:
C.
Hearing Procedures.
1.
In any
instance in this Section wherein a hearing is required, the hearing
officer shall, after no less than ten (10) days written notice to
the applicant or licensee, hold a hearing to ascertain all relevant
facts in the matter.
2.
An applicant
or licensee shall have the right to be represented by counsel, to
produce witnesses and other evidence, and to cross-examine all witnesses
who appear against him. Oral evidence shall be taken only upon oath
or affirmation. All proceedings in such hearing shall be recorded
and transcribed as required by law. The hearing officer may receive
evidence relevant to the issues from any source.
3.
If the
hearing officer finds and concludes from the evidence that the licensee
has violated any of the above provisions, he may suspend the license
for a period not to exceed ninety (90) days, or revoke the license
issued hereunder, or in the case of a renewal application, refuse
to renew such license.
4.
The
hearing officer shall issue written findings of fact and conclusions
of law and an order. The hearing officer's order shall be served upon
the applicant or licensee in person or by certified mail sent to the
applicant's or license's last known address.
