[R.O. 2001 § 605.010; CC 1984 § 54.010]
It shall be unlawful for any person, firm or corporation except
those exempted by Sections 71.620 and 71.630, RSMo., to engage in
any business or occupation in the City of Memphis 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.
[R.O. 2001 § 605.015; CC 1984 § 54.020]
It shall be unlawful for any person, either directly or indirectly,
to conduct any business or to use in connection therewith any vehicle,
premises, machine or device for which a license or permit is required
by this Chapter without the license or permit so required having been
first obtained and thereafter kept in effect at all such times as
required by this Chapter.
[R.O. 2001 § 605.020; CC 1984 §§ 54.140
— 54.150]
A.
Application — Original License. Every person required to have
a license shall submit an application to the City License Officer
by a written statement upon forms provided by the City License Officer,
which shall disclose all information which the City License Officer
shall find to be reasonably necessary to the fair administration of
this Chapter, and which shall be accompanied by a receipt from the
City Collector for the full amount of the fees chargeable for such
license, which receipt shall not be construed as approval for the
issuance of a license, nor shall it entitle or authorize the applicant
to open or maintain any business contrary to this Chapter.
B.
Renewal. Any applicant for the renewal of a license under this Chapter
shall submit an application therefor to the City License Officer upon
forms provided by such officer, which shall include such information
which the License Officer shall find to be reasonably necessary to
the fair administration of this Chapter and information as to the
conduct and operation of his/her business during the preceding licensing
period. All applications for renewal of a license provided for herein
shall be filed no later than January 1 of each year.
C.
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.
[R.O. 2001 § 605.025; CC 1984 § 54.160]
The City License Officer shall, upon disapproving any application,
direct the City Collector to refund all money paid in advance, provided
the applicant is not otherwise indebted to the City. When the issuance
of license is refused and any action or proceeding is brought by the
applicant to compel its issuance, such applicant shall not engage
in the business for which the license was refused.
[R.O. 2001 § 605.030; CC 1984 § 54.100]
A.
No person shall operate, practice, engage in or otherwise conduct
any trade, profession, occupation, vocation or business unless and
until the owner, operator, manager, proprietor or practitioner thereof
shall have applied for and obtained a license to operate, practice,
engage in or otherwise conduct same from the City License Officer
and shall have paid to the City the license tax hereinafter set forth,
such license and tax therefor to be issued and paid on an annual basis,
except where otherwise herein specifically provided:
1.
Twenty-five dollars ($25.00) for each license.
[R.O. 2001 § 605.040]
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 (1) person to another or from the kind of business or occupation
originally licensed to another type of business or occupation.
[R.O. 2001 § 605.050]
The term of the licenses issued pursuant to the provisions of
this Chapter shall be from January 1 to December 31.
[R.O. 2001 § 605.060; CC 1984 § 54.030]
For each business required by this Chapter 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.
[R.O. 2001 § 605.065; CC 1984 § 54.040]
When any person engages in two (2) or more businesses at the
same location under one (1) license, he/she shall pay a license fee
equal to the sum of all the fees for each business so licensed.
[R.O. 2001 § 605.066; CC 1984 § 54.050]
Except as may be provided otherwise in this Chapter, a person
shall be deemed to be in business within the meaning of this Chapter
when he/she is selling any goods or service, soliciting business,
or offering goods or service for sale or hire, or using any vehicle
or premises in the City for business purposes.
[R.O. 2001 § 605.067; CC 1984 § 54.060]
The City License Officer shall make initial determination whether
any other particular business, activity, occupation, vocation or service
shall be covered within the provisions of this Chapter. Such determination
shall be reasonably made based upon the generally accepted concept
of each such activity, occupation, vocation or service and with regard
for the intention of the legislature in the enactment of Section 94.270,
RSMo., and other applicable Sections of the Revised Statutes of Missouri.
Such determination by the City License Officer shall be final and
binding on persons affected thereby, unless and until such determination
is held unreasonable or invalid by a court of competent jurisdiction.
[R.O. 2001 § 605.070]
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.
[R.O. 2001 § 605.080]
The provisions of this Chapter shall under no circumstances
be construed to require a license or a license fee for any business,
occupation, pursuit or profession for which the City may be prohibited
by law from licensing or requiring a fee for said license.
[R.O. 2001 § 605.090; CC 1984 § 54.070]
The local agents or other representatives of non-residents who
are doing business in this City shall be personally responsible for
the compliance of their principals and of the businesses and enterprises
they represent with all applicable provisions of this Chapter.
[R.O. 2001 § 605.100; CC 1984 § 54.080]
Except as may be provided otherwise by this Chapter, no license
shall be required of any person for any mere delivery in the City
of any property purchased or acquired in good faith from such person
at his/her regular place of business outside the City where no intent
by such person is shown to exist to evade the provisions of this Chapter.
[R.O. 2001 § 605.110; CC 1984 § 54.090]
Any general or special license fees for any kind of vehicle
for the privilege of operating such vehicle upon the public highways
shall be in addition to any other licenses, permits, insignias or
fees for such vehicles otherwise required by City, State or Federal
law.
[R.O. 2001 § 605.120; CC 1984 § 54.110]
The City Clerk shall be the City License Officer and shall issue
in the name of the City all licenses and permits required by this
Chapter to all qualified applicants therefor, when all required taxes
and fees have been paid, in accordance with the provisions of this
Chapter.
[R.O. 2001 § 605.130; CC 1984 § 54.120]
The City License Officer shall adopt and promulgate such rules
and regulations as he/she may consider desirable for the administration
of this Chapter. When approved by the Mayor, such rules and regulations
shall be placed on file in the office of the City License Officer
for inspection and use by the public, and the provisions thereof shall
be enforced by him/her. The City License Officer shall investigate
and determine the eligibility of any applicant for a license or a
renewal, examine the books and records of any applicant when reasonably
necessary to the administration or enforcement, and notify any applicant
of the acceptance or rejection of his/her application and, upon refusal,
state in writing the reasons therefor and deliver such notice to the
applicant.
[R.O. 2001 § 605.140; CC 1984 § 54.130]
Taxes and fees required by this Chapter to be paid by any person
shall be payable to the City Collector, who shall issue a proper receipt
to each person making any such payment.
[R.O. 2001 § 605.150; CC 1984 § 54.170]
The City License Officer, and all other City Officers and Officials
who may be officially concerned with administering and enforcing this
Chapter, shall keep all information furnished or secured under the
authority of this Chapter in strict confidence. Such information shall
not be subject to public inspection and shall be kept so that the
contents thereof shall not become known, except to the persons charged
with the administration of this Chapter; provided, that this Section
shall not prohibit any City Officer from testifying as to such information
in compliance with a subpoena issued from a court of competent jurisdiction
or from the Board of Aldermen in any proceeding before it.
[R.O. 2001 § 605.160; CC 1984 § 54.180]
Each licensee under this Chapter shall permit all reasonable
inspections of his/her business and examination of his/her books by
the License Officer and refrain from operating the licensed business
after expiration of his/her license and during any period his/her
license may be revoked or suspended.
[R.O. 2001 § 605.170; CC 1984 § 54.200]
A.
Any canvasser, solicitor or other person who may be exempt from the
application of license taxes or fees imposed by this Chapter, by reason
of engaging in interstate commerce, shall, before engaging in any
such canvassing or solicitation within this City, register with the
City License Officer on a form provided by such officer. Each registrant
under this Section shall on such form provide the City License Officer
with:
1.
His/her name and description.
2.
His/her permanent home address and full local address.
3.
A brief description of the nature of the business and goods
to be sold, whether or not money is to be collected by the registrant
prior to delivery or shipment of the goods sold.
4.
The name and address of his/her employer, together with credentials
establishing the exact relationship.
5.
The length of time for which the registrant proposes to do business
within the City.
6.
A photograph of the registrant taken within six (6) months prior
to the date of the filing of the registration form, which picture
shall show the head and shoulders of the registrant in a clear and
distinguishing manner.
7.
A statement by the registrant whether he/she has been convicted
of any crime, misdemeanor or violation of any municipal law or ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
8.
The fingerprints of the registrant, who will certify as to his/her
good character and responsibility, or, in lieu thereof, such other
available evidence as to the registrant's good character and
business responsibility as will enable an investigation and proper
evaluation of such character and business responsibility.
9.
A statement by the registrant that he/she is free of any contagious,
infectious or communicable diseases.
B.
Each registrant hereunder shall pay at the time of registration the
sum of ten dollars ($10.00) to cover the costs of the registration
and the investigation of the facts stated in the registration form.
The City License Officer shall refer such registration to the City
Marshal, who shall cause such investigation to be made. Upon approval
by the City Marshal, the License Officer shall issue to the registrant
a registration certificate, which the registrant shall keep on his/her
person at all times and on demand display to any officer of the City
and any citizen who so requests it. Any registration certificate hereunder
may be revoked by the City License Officer for fraud or misrepresentation
or false statements.
[R.O. 2001 § 605.180; CC 1984 § 54.210]
For purposes of enforcing this Chapter, the City License Officer,
the City Administrator and the City Police shall have authority to
inspect and examine businesses to enforce compliance. Such persons
authorized to inspect licenses shall have the authority to enter,
with or without a search warrant, at all reasonable times.
[R.O. 2001 § 605.190]
A.
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:
1.
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 any other Federal, State
or local laws or regulations, by any licensee.
2.
Violation of the terms and conditions upon which the license
was issued.
3.
Failure of the licensee to pay any tax or obligation due to
the City.
4.
Any misrepresentation or false statement in the application
for a license required herein.
5.
Failure to display the license required herein.
B.
Revocation
of any license shall be in addition to any other penalty or penalties
which may be imposed pursuant to these provisions.
[R.O. 2001 § 605.200]
A.
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:
1.
The Board of Aldermen shall set a date for a hearing to consider
the question of revocation.
2.
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.
3.
During the pendency of this hearing before the Board of Aldermen,
the licensee shall be permitted to continue the operation of his/her
business.
4.
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.
5.
The licensee may be present in person and/or by his/her attorney
and may present evidence.
6.
After hearing the evidence presented, the Board of Aldermen
shall vote on the issue of whether the subject license shall be revoked.
7.
The affirmative vote of a majority of the Board of Aldermen
shall be necessary to revoke any license.
[R.O. 2001 § 605.210]
Any person, firm or corporation or copartnership who shall violate any provision of this Chapter, or who shall exercise or attempt to exercise any of the occupations, trades or avocations, or who shall carry on, or engage in, or attempt to carry on or engage in any of the businesses for which a license is required in this Chapter in the City of Memphis, without first paying the tax herein levied, and obtaining a license therefor, shall, upon conviction, be deemed guilty of an ordinance violation and shall be punished pursuant to Section 100.220 of this Code.
[R.O. 2001 § 605.370; Ord. No.
810 §§ 1 — 2, 11-7-1996]
A.
Any person maintaining, conducting, operating or managing any tattooing
establishment must comply with the following regulations:
1.
A copy of a current permit or business license issued by the
Department of Public Health of Scotland County and a copy of a current
State license must be produced and shown to the City Clerk.
2.
Upon receipt of the above permit or license copies, a business license shall be issued pursuant to the requirements in Article I of this Chapter.
3.
Revocation of a license by the Department of Public Health of
Scotland County or the State shall revoke the license issued by the
City of Memphis.
