Appleton City, MO
St. Clair County
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Table of Contents
Table of Contents
It shall be unlawful for any person, firm or corporation to engage in any business or occupation in the City of Appleton City without having first applied for and obtained a license to conduct such business or occupation from the City Clerk and without paying the license fee therefor, all as provided for in this Chapter.
All applications for the licenses required herein shall be made to the City Clerk on appropriate forms provided for that purpose by the City. All licenses issued by the City Clerk shall be in such form as is provided by the Board of Aldermen; provided however, that such license shall bear the signature of the Mayor of the Board of Aldermen and the City Clerk, the date of issuance thereof and the date of expiration, as well as any additional information that may be required by the Board of Aldermen.
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 City 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.
[Ord. No. 87-13 §1, 1-7-1988]
Every person, co-partnership, firm or corporation desiring to procure a license for any business shall pay the amount of the tax levied as a license in advance to the City Collector who will issue a receipt. The City Clerk will issue the license upon verification of such receipt.
Every person who shall deal in or act in any of the businesses or occupations or own, operate or deal in any of the following mentioned, shall first obtain licenses from the City Clerk and pay a license tax to the City Collector of twenty-five dollars ($25.00) per year or obtain a temporary permit, where applicable, for a fee of two dollars fifty cents ($2.50) per day.
Agents for insurance companies
Agents for real estate, agent, broker, or agencies
Antiques and/or craft shop
Auto dealers, new or used
Auto salvage yards and/or repair shops
Barber shop
Beauty shop
Body shops
Bowling alleys
Cabinet shops
Cleaning, pressing and dyeing shops
Cobblers and shoe repair shops
Concrete ready mix plants
Contractors: Business license including
Brick contractors
Building contractors
Concrete contractors
Electrical contractors
Excavating and grading contractors
General contractors
Painting contractors
Plastering contractors
Plumbing contractors
Roofing contractors
Door to door salesperson
Draymen, per truck
Farm implement dealers
Feed mills and/or grain elevators
Fruit stands
Grocery stores
Gun shops
Ice cream vendors
Junk dealers
Loan company
Lumber yards
Machine shops
Merchants, all other classes
Miniature golf courses
Monument dealers
Motels and hotels
Newspaper publishers
Nursing homes/boarding houses
Oil trucks
Parades by circuses or other money making concerns
Picture shows
Printers, where not a newspaper publisher
Service stations
Skating rink
Stock yards
Street entertainment
Trailer courts or trailer sales
Transfer company/trucking company
Undertaking parlors
Wholesale dealer in gasoline and oil
Wood and coal dealers
[Ord. No. 2016-1, 4-11-2016]
No license shall be issued until all personal property taxes, all real estate taxes, all license taxes and all other special charges due the City, including water connection charges, from applicant business owners, members, partners, or other officers, shall have been paid.
No license shall be issued until a Missouri tax clearance verification is provided through the Missouri Department of Revenue office either with the application, new or renewal, or can be documented by staff through access to the online process for that purpose.
The statement of no tax due will verify that the retail business has filed and paid all of its sales and withholding tax obligations. If a business does not make retail sales, it is not required to present a statement of no tax due in order to be issued a license.
No license issued under the provisions of this Chapter shall be assignable or transferable but shall apply only to the person to whom same is issued. In the event any licensee, as provided for herein, shall move his/her place of business from one location to another location within the City, said licensee shall submit a statement of the fact of such change to the City Clerk who may transfer such license as to location only. In no event, however, shall such license be transferred from one person to another or from the kind of business or occupation originally licensed to another type of business or occupation.
The term of the licenses issued pursuant to the provisions of this Chapter shall be from October first (1st) to September thirtieth (30th) of the following year.
All applications for renewal of a license provided for herein shall be filed no later than September first (1st) of each year.
Each license issued by the City under the provisions of this Chapter shall be carefully preserved and shall be displayed in a conspicuous place in the place of business authorized to be conducted by said license. If there is no place of business, said license shall be carried on the licensee's person.
[Ord. No. 79-013 §7, 9-27-1979]
No money paid to the City Collector for any license issued under the provisions of this Article shall be refunded by the City or by any officer thereof.
[Ord. No. 79-013 §9, 9-27-1979]
In case of a change of location after the issuing of a license, the holder of the license may have the new location of his/her business endorsed on said license by the City Clerk, and continue to carry on his/her business in the new location as specified under said license.
Any change of firm by the admittance of a new member into the firm shall be deemed the formation of a new firm, and such new firm shall be required to take out a license under this Article as though the old firm had never been licensed.
[Ord. No. 79-013 §10, 9-27-1979]
For each business required by this Article to be licensed, a separate license shall be obtained. A person engaged in two (2) or more businesses at the same location shall not be required to obtain a separate license for each business but, when eligible, shall be issued one (1) license which shall specify on its face all such businesses. He/she shall pay a license fee equal to the sum of all the fees for each business so licensed.
[Ord. No. 2016-1, 4-11-2016]
A separate license shall be obtained for each place of business operated by a licensee under this Chapter.
[Ord. No. 79-013 §12, 9-27-1979]
Non-profit businesses as defined below shall be exempt from this tax. It shall be the duty of the Clerk to so classify any non-profit business if, in his/her opinion, it falls within the definition as set out below.
When used in this Article shall mean any person, company or corporation who shall engage in any form of business not primarily for profit but as a public service.
[Ord. No. 79-013 §13, 9-27-1979]
It shall be the duty of the Police Officers of the said City to aid in the enforcement of this Article and to promptly report any violation thereof to the City Collector. Said Police Officer shall have authority to enter any place wherein any business, trade, vocation or occupation requiring to be licensed under the provisions of this Article is being carried out or conducted during business hours to ascertain whether this or any other ordinance of this City is being violated.
No neglect of any officer to perform his/her duty shall relieve any person, firm, or corporation from liability for not having or taking out a license.
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, certified public accountant, dentist, chiropractor, optometrist, chiropodist, or physician or surgeon in this 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 defined in Section 143.451, RSMo., may be required to pay any such license fee in excess of twenty-five thousand dollars ($25,000.00) annually, any law, ordinance or Charter to the contrary notwithstanding.
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 maintains a business office within the City of Appleton City.
Persons engaging in the sale of goods of the seller's own production, where sales are made by the producer, are exempted from the provisions of this Section. A "producer" shall be defined as any member of the producer's household under this Section.
[Ord. No. 2016-1, 4-11-2016]
Any license issued by the City pursuant to the provisions of this Chapter may be revoked by the Board of Aldermen for any of the following reasons, as well as for any other reasons specified in this Chapter:
Any failure to comply with or any violation of any provisions of this Chapter, or any other ordinance of the City regulating the business, occupation or activity licensed, or the Statutes of the State of Missouri by any licensee; or
Violation of the terms and conditions upon which the license was issued; or
Failure of the licensee to pay any tax or obligation due to the City; or
Any misrepresentation or false statement in the application for a license required herein; or
Failure to display the license required herein.
Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.
In any case in which a complaint has been made to the Board of Aldermen, or in which the Board of Aldermen have on their own determined that cause may exist for the revocation of a license under the provisions of this Chapter, the following procedures shall be followed:
The Board of Aldermen shall set a date for a hearing to consider the question of revocation.
At least ten (10) days prior to said hearing, written notice shall be mailed to the licensee, by registered mail, return receipt requested, to his/her last known address as shown in the records of the City Clerk advising the licensee of the time, date and place of hearing and of the reason for considering the revocation of his/her license.
During the pendency of this hearing before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.
At the hearing set by the Board of Aldermen, the Board of Aldermen shall hear all relevant and material evidence justifying the retention of the license.
The licensee may be present in person and/or by his/her attorney and may present evidence.
After hearing the evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked.
The affirmative vote of a majority of the Board of Aldermen shall be necessary to revoke any license.
All license fees not paid to the City by the person required to remit the same on the date when the same becomes due and payable to the Director of Revenue shall bear interest at the rate determined by Section 32.065, RSMo., from and after such date until paid.
In case of failure to apply for any license fee 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 shown as tax on such return five percent (5%) of the amount of such tax if the failure is not for more than one (1) month, with an additional five percent (5%) for each additional month or fraction thereof during which such failure continues, not exceeding twenty-five percent (25%) in the aggregate.
In case of failure to pay the full amount of any license fee due hereunder on or before the date prescribed therefor, determined with regard to any extension of time for payment, unless it is shown, by the applicant, 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 tax an amount equal to five percent (5%) of the deficiency. The City shall, upon request by a taxpayer, apprise the taxpayer of the factual basis for the finding of negligence, or the specific rules or regulations disregarded if the City assesses a penalty under this Subsection.
[Ord. No. 2016-1, 4-11-2016]
The City Clerk shall insure compliance with this Chapter and advise the City Prosecutor to file complaints against all persons known to be in violation of this Chapter.
Any person, partnership, company, association or corporation engaging in a business, trade or a vocation as herein provided without first procuring a license or permit therefore, as hereinabove specified, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or both, for each offense.
If any person shall continue in violation of any provision of this Chapter after having been notified of the existence of such violation by the City Clerk, then the City Clerk shall advise the City Prosecutor of such violation, and the City Prosecutor shall then file his or her complaint charging such violation in the Municipal Court of this City, and the Police Department shall proceed to serve any arrest warrant issued thereto.
[Ord. No. 08-03 §§2 — 7, 7-16-2008]
Definition. The following term shall have the prescribed meaning:
A public sale of goods commonly known or referred to as a garage sale, patio sale, porch sale, attic sale, yard sale, rummage sale, open air flea market, swap meet, or any other similar sale.
Number Of Sales. No person shall advertise, conduct, carry on or permit more than three (3) garage sales per calendar year, per premises.
Permit Fee. All persons wishing to hold a "garage sale" sill be required to obtain a garage sale permit from the City of Appleton City in the amount of five dollars ($5.00). Permits must be prominently posted at the "garage sale".
Duration Of Sales. No person shall conduct, carry on or permit a garage sale to last more than three (3) days.
Advertising Signs. No person shall erect, place, post or mark any sign advertising a garage sale more than one (1) day prior to the sale and such sign must be removed no more than one (1) day after the sale. The person responsible for conducting such garage sale shall be responsible for removing any such sign.
Penalty. Any person convicted of violating any provisions of this Article shall be fined no less than ten dollars ($10.00) and no more than one hundred dollars ($100.00). Each day in which any violation of this Article continues or exists will be deemed a separate offense.
[Ord. No. 2011-10, 7-12-2011]
Business establishments that sell gasoline and/or diesel fuel shall require pre-payment or pre-approval of sales of fuel prior to activation or authorization of any fuel dispensing unit or fuel pumping device.
The City Clerk shall not renew the business license of any business which has failed to require pre-payment or pre-approval of sales of fuel prior to activation or authorization of any fuel dispensing unit or fuel pumping device which results in motorists filling their fuel tanks and driving off without paying.
Penalty. Upon conviction of a violation of any provision of this Section shall be punished as set forth in Section 100.220 of this Code. Conviction for failure or refusal to comply with this Section may be the basis for the non-renewal of Ordinance Nos. 79-013 and 87-13.
[Ord. No. 79-013 §16, 9-27-1979]
Every auto wrecking shop, junk dealer, and auto repair shop that conducts its business outside of a building shall, prior to the time it obtains a license under this Article cause to be constructed a substantial board fence no less than seven (7) feet in height around said shop, so as to conceal from public view the wrecked autos or parts of autos therein located. All debris and all parts of cars that are useless shall be moved outside the City limits.