City of Republic, MO
Greene County
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Table of Contents
Table of Contents
[Ord. No. 07-80 §1, 12-10-2007; Ord. No. 09-37 §1, 11-9-2009]
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
APPROVED
Complying with all applicable State laws and City ordinances. The word "approved" does not give any City Officer or employee discretion to fail to approve any item or method, except for failure to comply with applicable City ordinances and State laws.
BUSINESS
Every person, sole proprietorship, corporation, partnership or other types of business enterprises, contractor, subcontractor, manufacturer, merchant or wholesaler, excluding charitable and civic groups, engaged in any business, occupation, pursuit, profession or trade or in keeping or maintaining an institution, establishment, article, utility or commodity specified in this Article, except as may be otherwise provided in this Article.
CITY CLERK
The City Clerk or designated representative.
CITY OFFICER
When duties and responsibilities are given to any City Officer such as the Finance Director or the Chief of Police, the duties may be performed by the named officer or any City Officer or employee under the officer's supervision, if that City Officer or employee has been assigned by his/her superior to perform the duties in question. Duties concerning drafting regulations, drafting forms or making recommendations to the City Council are not to be delegated. Duties concerning administrative appeals are not to be delegated.
CONTRACTOR
A person who performs, or causes to be performed by employees or subcontractors, one (1) or more of the categories of building trades whether for new construction or related to maintenance or repair of existing structures or buildings.
EMPLOYEE
Any person in the regular employ of a merchant, business or contractor and whose wages, tips, commissions, fees, draw accounts, salary or any combination thereof are computed on an hourly, weekly or monthly basis.
FEES
Unless otherwise provided, all license and permit fees and taxes levied on or required to be paid, as provided in this Code, by any merchant, manufacturer, contractor or business.
FINANCE DIRECTOR
The Finance Director or designated representative.
LICENSE
Unless otherwise provided, all licenses and permits required to be secured or had, as provided in this Code, by any merchant, manufacturer, business or contractor.
LICENSE YEAR
Unless otherwise provided, the license year shall begin on January first (1st) and shall end on December thirty-first (31st) next.
MANUFACTURER
Every person, excluding charitable and civic groups, engaged in the process of manufacturing, fabricating or refining at any place occupied for that purpose within the City, except as may be otherwise provided by ordinance.
MERCHANT
Every person, excluding charitable and civic groups, engaged in the selling or leasing of any goods (new or used), wares (including food or beverages) or merchandise at any store, vehicle, stand or place occupied for that purpose within the City, or from catalog stores and similar operations within the City, directly to ultimate consumers for use or consumption except as may be otherwise provided by ordinance.
PERSON
Natural person, firm, partnership, co-partnership, corporation, company, association, joint stock association and/or their lessees, duly constituted trustees or receivers, heirs, administrators or assigns.
RETAILER
Any person who sells to a consumer or to any person for any purpose other than resale.
SAFE
Having no defect in design, materials, workmanship, method of installation or method of normal use which creates a hazard to any person or property.
SPECIAL EVENT
An activity that takes place in a short period of time usually less than one (1) week and generally occurring once per year. Examples of special events include Pumpkin Daze, the fair and the rodeo.
SUBCONTRACTOR
A licensed contractor under contract or performing for and not on the payroll of a licensed contractor or owner.
TEMPORARY LICENSE
An extension of time within which the prior year's license may be used to operate on a temporary basis but not to extend longer than March second (2nd) of the license year or a license issued for a brief duration as authorized in this Chapter.
TEMPORARY SEASONAL BUSINESS LICENSE
A business license to a business that operates during a specific period of time during the year and operates ninety (90) days or less in a year.
WHOLESALER
Any person engaged in the business of making sales of merchandise or products to any other person engaged in the business of making sales of merchandise or products at retail within the City.
[Ord. No. 07-80 §1, 12-10-2007; Ord. No. 09-37 §1, 11-9-2009]
A. 
Scope. The provisions of this Section apply to all business licenses of the City, except where an ordinance concerning a particular business contains a specific provision to the contrary, in which case the specific provision shall apply.
B. 
License Required. It shall be unlawful for a person to operate a business within the City 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 an application has been made for a new license and a new license has been issued.
1. 
Advertising or soliciting constitutes engaging in business. 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 license. The listing in an advertisement of an address which is inside the City or a telephone number which is located inside the City shall constitute prima facie evidence that the person is engaged in the business activity that is being advertised. For purposes of this Section, "advertising" means the use of any handbill, billboard, sign, newspaper, radio, loudspeaker, television, telephone listing, computer listing or other message or device whereby the services or products are offered to the public.
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 securing a license.
C. 
Application — Issuance Of License. In the absence of a provision to the contrary, applications for business licenses shall be made to the City Clerk on forms supplied by the City Clerk. No license shall be issued to any merchant, manufacturer, business, occupation or trade until all of its delinquent financial obligations to the City have been paid. Financial obligations include, but are not limited to, personal property taxes, other license fees, water service fees, sewer service fees, permit fees or inspection fees. If all required information is supplied, the requested fees have been paid, and it does not appear that any applicable State law or City ordinance will be violated by the operation of the business, the license shall be issued.
D. 
Late Fee. Businesses (except temporary and seasonal businesses) failing to submit an application for license renewal by January first (1st) will be deemed to be late. The late fee assessed will be twelve dollars fifty cents ($12.50) if paid before January thirty-first (31st) and the late fee will be twenty-five dollars ($25.00) after January thirty-first (31st).
E. 
License Non-Assignable. No license shall be assignable, transferable or refundable.
F. 
Occupancy Permit Required. Licenses required by this Article shall not be issued until an occupancy permit has been issued and approved by the Community Development Department unless the business is one that in common practice would not necessarily have a business location in the City. In such a case, the business must provide the address of its business location on its application and must provide the City with notice of any change of address within a reasonable time after the change. In addition, no occupancy or building permit may be issued until such time contractors and/or subcontractors have made application for a business license.
[Ord. No. 16-23 § 1, 11-28-2016]
G. 
Issuing Agency. The City Clerk shall issue all approved licenses and subsequent licenses.
H. 
Maintenance And Posting Of License. All licenses granted by the City shall be carefully preserved at the address for which they were issued as shown thereon, be prominently posted and be available for examination during normal business hours by any duly authorized agent of the City.
I. 
Denial Of License. No license or permit shall be issued to any applicant who shall have failed to pay any other obligation then due and owing to the City, including, but not limited to, sales tax, tourism tax, personal property tax, inspection fees and sewer connection fees, or be in violation of any lawfully imposed building, health, safety or zoning code and/or ordinance; nor shall any license or permit be issued to any applicant for the purpose of conducting business at any location where any neighborhood improvement district assessment is delinquent and unpaid.
J. 
Inspections. Any business in the City may be inspected by City Officers and employees authorized to enforce provisions of ordinances relating to that business. In the absence of an emergency and in the absence of sound reasons whereby an inspection cannot be made during regular business hours, inspections shall be made during regular business hours. Immediately upon arriving at the place of business for the purpose of making an inspection, the City Officer or employee making the inspection shall identify himself/herself and shall state that the purpose of the visit is to make an inspection. No person having control of any business premises shall refuse to permit a City Officer or employee to enter for the purpose of making an inspection. If entry is refused, the City Officer or employee shall leave and seek a search warrant or other appropriate court order to gain entry.
K. 
Issuance. Licenses shall be issued to each applicant complying with all applicable State laws and City ordinances and licenses shall be refused for any applicant failing to comply with all such applicable laws and ordinances.
L. 
Issuance Of Temporary License. Upon application for a new business license and if the City Clerk determines that the requirements for obtaining a license have been substantially met except for minor procedural or ministerial matters, a temporary license may be issued for a period of thirty (30) days upon payment of a processing fee of fifteen dollars ($15.00). The temporary license may be extended for one (1) additional thirty (30) day period upon written application to the City Clerk and a determination that the applicant is making progress toward compliance with the requirements of this Code.
M. 
Issuance Of A Temporary Seasonal License. Upon application for a temporary seasonal business license and if the City Clerk determines that the requirements for obtaining a business license have been met, a temporary seasonal business license shall be issued for a period not to exceed ninety (90) days upon payment of a processing fee of twenty-five dollars ($25.00). For purposes of this Chapter, a temporary seasonal business license is not a renewal of a previous license but is a request for issuance of a new license.
[Ord. No. 14-09 §1, 4-28-2014]
[Ord. No. 07-80 §1, 12-10-2007; Ord. No. 09-37 §1, 11-9-2009]
A. 
Every merchant, manufacturer or business, unless exempted by law or other provisions of this Code, shall pay the following license fee:
Banks and manufacturing
$75.00
All other business
$50.00
Home-based business
$25.00
Ambulance service per vehicle
$50.00
Apartment houses
(including duplexes, triplex, etc.)
$50.00
Each additional unit
$1.00
Hotels and motels, first (1st) unit
$50.00
Each additional unit
$1.00
B. 
This Chapter shall not apply to religious, charitable and non-profit civic organizations, sales made by participants at a special event, or any business which the City is prohibited from licensing or regulating by State Statute or other superseding law. This provision will include teachers, professors in a college, lawyers, certified public accountants, dentists, chiropractors, optometrists, physicians, surgeons, veterinarians, architects, professional engineers or land surveyors.
C. 
No claims or refunds shall be allowed under this Article.
D. 
Exemptions From Obtaining A Business License. A business license is not required for delivery within the City for goods purchased or acquired outside the City where there is no intent to evade the provisions of this Chapter.
E. 
No license or permit provided for or required under any provision of the Code or other ordinance of the City shall be issued by any department of the City Government to any contractor until such contractor has provided a certificate of insurance for Workers' Compensation coverage if said contractor is required to cover such liability under Chapter 287, RSMo.
F. 
Child Day Care Centers. It shall be unlawful for any person to establish, maintain or operate a child day care center for children or to advertise as being able to perform services for a child day care center without having, in full force and effect, a written license granted by the Missouri Department of Health and Senior Services (State license).
[Ord. No. 07-80 §1, 12-10-2007; Ord. No. 09-37 §1, 11-9-2009]
A. 
The term of licenses issued pursuant to this Chapter shall be for one (1) year beginning January 1 and ending December 31 of the same year. All license fees shall be paid in full and in advance.
B. 
Every merchant, manufacturer, contractor or business renewing a license shall submit the required license application and fee on or before January 1. Any new merchant, manufacturer, contractor or business commencing operations or business in the last quarter of the year shall pay a prorated on fee of twenty-five dollars ($25.00).
[Ord. No. 14-09 §2, 4-28-2014]
[Ord. No. 07-80 §1, 12-10-2007; Ord. No. 09-37 §1, 11-9-2009]
A. 
A separate license shall be obtained for each place of business operated by a licensee under this Chapter.
B. 
A license may be amended to authorize the conduct of the same business or manufacturing at a different location, provided the control of the business remains with the same person, upon filing with the City Clerk an amended application, within fifteen (15) days of the change, showing the change of address and upon paying a fee of ten dollars ($10.00). It shall also be compulsory that all requirements of the building, health, safety or zoning codes or ordinances be met in respect to the new location and premises.
[Ord. No. 07-80 §1, 12-10-2007; Ord. No. 09-37 §1, 11-9-2009]
Every person engaged in more than one (1) occupation, where such occupations are operated as one (1) business under the same management and at the same location, shall pay an individual license for each of such businesses.
[Ord. No. 07-80 §1, 12-10-2007; Ord. No. 09-37 §1, 11-9-2009]
The City shall keep a complete record of all licenses issued under this Chapter showing the name and address of the licensee, the nature of the license and the dates of issuance and expiration of such licensee.
[Ord. No. 07-80 §1, 12-10-2007; Ord. No. 09-37 §1, 11-9-2009]
A. 
Any person, firm or corporation who is required to pay sales tax to the City of Republic, Missouri, must show proof to the City Clerk that all sales taxes due to the State of Missouri and the City of Republic, Missouri, have been paid to the date of the application prior to being issued a City business license.
B. 
Any person, firm or corporation failing to provide proof of payment of such sales tax shall not be issued a City business license until such time as said State and City sales taxes and penalties and interest thereon are fully paid and the Department of Revenue for the State of Missouri certifies that same are fully paid.
[Ord. No. 07-80 §1, 12-10-2007; Ord. No. 09-37 §1, 11-9-2009; Ord. No. 10-48 §1, 11-8-2010]
A. 
Delinquent Payments. All license fees provided for in this Article shall be deemed delinquent if not paid on or before the due date.
B. 
Safety Precautions. No contractor or trade doing business within the City limits and actively engaged in the business of electrical work, paving, plumbing, sewer work or gas fitting shall permit any unsafe conditions to be left without placement of suitable warning lights, signs or barriers and recognized suitable trench safety. Any such violation shall be deemed a public nuisance and may be abated by action for civil damages or injunction or both such remedies.
C. 
Grounds For Denial Or Non-Renewal. The City Clerk shall not issue a business license when the City Clerk has reason to believe that the issuance of the license will result in the operation of the business in violation of this Code or that the operation of the business will cause or result in a nuisance or that a nuisance is on the land where the business is to be licensed. Upon the City Clerk making a determination that there may be a violation of this Section, the City Clerk shall notify the applicant in writing that the City Clerk will not issue the license or that the City Clerk will not renew the license, stating the reasons for the City Clerk's decision.
D. 
Procedure For Denial Or Non-Renewal. If the City Clerk determines that the application for a license is not to be granted or if the City Clerk determines not to renew the license, then a written notice to the person requesting the license or renewal thereof shall give the applicant at least five (5) days' notice to request an informal meeting with the City Clerk. The City Clerk shall, if an informal meeting is requested within that time, hold a meeting with the applicant, informing the applicant of the basis upon which the decision was made and shall attempt to informally resolve the matter. The informal meeting shall be held within five (5) days of receipt of the written request for an informal meeting. After such informal meeting, the City Clerk may reverse the City Clerk's decision or may reaffirm the prior decision in writing. The City Clerk's written decision shall be issued within five (5) days of the informal meeting.
Thereafter, the applicant may request a public hearing by filing a written request with the City Clerk within ten (10) days of the date of the City Clerk's written decision. At the public hearing, a hearing officer appointed by the City Administrator shall hear evidence, determine the facts upon the evidence presented at the hearing and render a decision. The public hearing shall be held within twenty (20) days of the receipt of the written request by the City Clerk. The decision of the hearing officer shall be in writing and shall be issued within ten (10) days of the hearing. The hearing may be continued by the hearing officer for good cause shown by any party to the proceeding.
E. 
Revocation Or Suspension Of License Authorized. The license of a merchant, manufacturer, contractor or business may be revoked by a hearing officer after public hearing and notice for any one (1) or more of the following reasons:
1. 
Failure to comply with the provisions of this Article or any other ordinance pertaining to the business codes, building codes, fire codes, health codes or zoning codes or ordinances of the City.
2. 
Failure to operate the business as required by law.
3. 
Creation of a public nuisance.
4. 
Providing false information to obtain a license.
5. 
Failure to pay any obligation due and owing to the City.
F. 
Notice Of Suspension Or Revocation Hearing. Upon the City Clerk determining that a possible violation of this Article has occurred, the City Clerk shall issue a notice that a hearing relative to the possible suspension or revocation of the business license is to be held pursuant to this Section. The licensee shall have at least five (5) days' written notice of the time and place of such hearing. The written notice shall be directed by certified or registered U.S. mail to the business address of the licensee on the licensee's application on file in the office of the City Clerk and shall specify the grounds upon which the license is sought to be suspended or revoked.
At the public hearing, a hearing officer appointed by the City Administrator shall hear evidence, determine the facts based upon the evidence presented at the hearing and render a decision. The decision of the hearing officer shall be in writing and shall be issued within ten (10) days of the hearing. The hearing may be continued by the hearing officer for good cause shown by any party to the proceeding.
G. 
Hearing On Suspension Or Revocation — Appeals. The licensee may present such evidence on licensee's behalf as the Hearing Officer deems relevant. The Hearing Officer's decision may be appealed pursuant to the procedure set out in Code Section 430.090. The appeal shall not stay the effect of the Hearing Officer's decision.
H. 
Conduct Of Hearings. The hearing officer shall have all the powers set forth in this Article and Chapter 430 of this Code and shall conduct the hearing in accordance with the procedures set forth in this Article and Chapter 430. The hearing officer shall determine whether or not there is a basis for not issuing the license, not renewing the license, suspending the license or revoking the license. The decision of the hearing officer and the right to appeal his decision shall be in accordance with this Article and Chapter 430 of this Code. All notice for purposes of this Section shall be deemed to occur two (2) days after the date the notice is placed in the United States mail, postage prepaid.
I. 
Suspension Disposition. If the hearing officer determines that the violation has been corrected or that the licensee is actively and continuously working to correct the violation, then the hearing officer may issue a suspension order not to exceed sixty (60) days. Upon expiration of the period of suspension, the licensee shall submit a written request to the City Clerk for reinstatement of the license. If the City Clerk determines that the licensee is in compliance with the requirements of this Article, the City Clerk shall issue a written notice of reinstatement. If the City Clerk determines that the licensee is not in compliance with this Article, the proceedings for revocation of a license shall be instituted.
J. 
Revocation Disposition. If the hearing officer determines that there is a violation of this Article that has not been corrected or that the violation is incapable of being corrected or that the licensee is not actively and continuously working to correct the violation, the hearing officer shall revoke the business license. Upon revocation of a license, a business shall not be eligible to apply for a business license in the City for one (1) year from the date of revocation. After one (1) year, the licensee may apply for a license subject to meeting all requirements set forth in this Article.
K. 
Discontinuance Of Or Withholding Of City Services. The City, its boards, commissions or agents shall withhold or discontinue all City improvements or services of whatsoever nature, including the furnishing of sewer, water, electricity and gas, and further, no permits shall be issued by the Community Development Department or Public Works Department to any entity or persons operating a business within the City limits without a valid business license issued pursuant to this Article. Disconnection from the City water utilities may be carried out if such violation is not corrected within ten (10) days after delivery of a notice of such violation.
[Ord. No. 16-23 § 1, 11-28-2016]
[Ord. No. 07-80 §1, 12-10-2007; Ord. No. 09-37 §1, 11-9-2009]
It shall be unlawful for any person to engage in any activity requiring a business license without obtaining a license or for any person to knowingly makes any false statement in applying for a license or for any person to fail to comply with any provision of this Article and, upon conviction thereof, shall be punished as provided by Section 100.220.