[R.O. 2009 § 605.010; R.O. 2007 § 610.010; Ord. No. 764 § 1, 1-17-1980]
As used in this Chapter, the following terms shall have these prescribed meanings:
- Every person, company or corporation who shall hold or purchase personal property for the purpose of adding to the value thereof by any process of manufacturing, refining, or by the combination of different materials.
- A person who deals in goods of the kind or otherwise by his/her occupation holds himself/herself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his/her employment of an agent or broker or other intermediary who by his/her occupation holds himself/herself out as having such knowledge or skill.
- PERMANENT PLACE OF BUSINESS
- Includes places within the City of Bolivar wherein:
- 1. A physical brick-and-mortar business is located from which a profession, occupation or business intends to be conducted;
- 2. A residence is located wherein business is permitted from which a profession, occupation or business intends to be conducted; or
- 3. A principal place of business is located from which a profession, occupation or business intends to be conducted at least partly within the City of Bolivar.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRINCIPAL PLACE OF BUSINESS
- A place wherein a business's officers or management direct, control, and coordinate the business's activities.
[R.O. 2009 § 605.020; R.O. 2007 § 610.020; Ord. No. 764 § 2, 1-17-1980]
Any person who desires to engage in any profession, occupation or business whatsoever within the City of Bolivar which is listed or described within this Chapter shall acquire a license from the City of Bolivar before engaging in that profession, occupation or business.
[R.O. 2009 § 605.030; R.O. 2007 § 610.030; Ord. No. 764 § 3, 1-17-1980]
Each location shall constitute a separate profession, occupation or business, even though owned by the same person. More than one (1) profession, occupation or business at the same location owned by the same person shall require only one (1) license.
[R.O. 2009 § 605.040; R.O. 2007 § 610.040; Ord. No. 764 § 4, 1-17-1980; Ord. No. 2932 § I, 5-13-2010]
The City Clerk of Bolivar, Missouri, shall be authorized to issue licenses in the name of the City of Bolivar upon satisfaction of the below provisions:
[Ord. No. 3221 § I, 6-23-2015]
Either of the following:
For business licenses other than Class A licenses wherein the license fees are required to be paid along with City utility billing pursuant to Section 605.120(B), a receipt from the City Clerk of Bolivar for the amount of the fee levied by this Chapter; or
Receipt by the City Clerk of Bolivar of any information required by this Chapter for the particular profession, occupation or business necessary to determine the applicant's qualifications or to fill out the license form.
The City Clerk is not required to issue a license to an applicant if the applicant or any twenty-five percent (25%) or more equity owner, director, officer or manager of the applicant has previously failed to comply with the ordinances of the City of Bolivar or laws of the State of Missouri relating to the conduct of any business for which the applicant or any twenty-five percent (25%) or more equity owner, director, officer or manager holds or has held a business license issued by the City of Bolivar or of any other municipality of the State of Missouri, is delinquent in the payment of any State, County or City sales tax, fails to meet the qualification for the profession, occupation or business which the applicant intends to engage as set forth in this Chapter, or in the case of child-related businesses, is a registered sex offender. For the purposes of the Subsection, a "child-related business" is one where the business markets and sells products or services designed for consumption or use by children. A "registered sex offender" is a person who is required to register as a sex offender under Section 589.400, RSMo., as now in effect or as such Section may hereafter be amended from time to time if the reason for the required registration results from an offense involving a child or because the person has previously been committed to the Department of Mental Health as a criminal sexual psychopath. The term "child" or "children" shall mean any person under the age of eighteen (18) years.
The City Clerk shall either issue the license or make a denial of license within thirty (30) days of the application for a license unless a longer period is specified by this Chapter for a specific profession, occupation or business. If the Clerk fails to give a denial within the time limit, the last day of that period shall act as a denial of the license for appeal purposes.
The City Clerk has the power to revoke a license held by a licensee upon violation of an ordinance of the City of Bolivar, violation of a State statute or failure at any time to meet qualifications set forth by this Chapter. In addition, the Clerk shall revoke or not renew the business license of any business that is:
Engaged in a child-related business; and
Such employee is either indicted or is bound over for trial after a preliminary hearing for a sexual-related offense under any Federal or State law involving a child; and
The child/alleged victim is found, by a preponderance of the evidence, to have been a customer or was in the company of a customer at the licensed business during the ninety-day period immediately prior to the occurrence that results in charges as described in Subsection (D)(3) of this Section during a time when the registered sex offender was on duty.
[R.O. 2009 § 605.050; R.O. 2007 § 610.050; Ord. No. 2721, 5-30-2007]
The City Clerk shall propound a form of license to be issued pursuant to the provisions of this Chapter.
[R.O. 2009 § 605.060; R.O. 2007 § 610.060; Ord. No. 1307, 8-12-1993]
All persons applying for any license required by this Chapter shall provide the City Clerk with the following information and such additional information as the City Clerk may require in order to enforce the provisions of this Chapter.
The full name and address of the person or agent who is operating under the license in the City.
The full name and address of the principal operating under the license in the City.
The complete address where the profession, occupation or business is to be located.
The general nature of the goods or services to be sold or furnished pursuant to the license.
A certificate of insurance for Workers' Compensation coverage if the applicant for the license is required to cover his/her liability under Chapter 287, RSMo.; provided, however, that nothing contained in this Subsection shall be construed to create or constitute a liability or cause of action against the City in regard to the issuance or non-issuance of any license for failure to provide evidence of Workers' Compensation coverage or for the City's reliance upon false or fraudulent information provided by the applicant.
The sales tax number issued to the applicant by the State of Missouri.
Filing a false application for business license or providing false or fraudulent information in connection with such application shall be deemed an ordinance violation punishable upon conviction as provided by Section 100.220 of the Bolivar Municipal Code, or as hereafter may be amended from time to time.
[R.O. 2009 § 605.070; R.O. 2007 § 610.070; Ord. No. 764 § 5, 1-17-1980]
If the City Clerk of Bolivar shall refuse to issue a license to an applicant or revokes the license of a licensee, the applicant or licensee who desires an appeal of the Clerk's decision shall give notice to the City Clerk of a request for an appeal within ten (10) days of the denial. The appeal shall be heard and is subject to all of the provisions of Section 600.185.
[R.O. 2009 § 605.080; R.O. 2007 § 610.080; Ord. No. 764 § 8, 1-17-1980]
Any license granted under this Chapter shall not be assignable or transferable and a new license must be acquired if a new business is begun for which a different license could be obtained. No refunds shall be made for a license previously issued.
[R.O. 2009 § 605.090; R.O. 2007 § 610.090; Ord. No. 764 § 9, 1-17-1980]
The license granted by the City of Bolivar shall be displayed upon the premises of a licensee in a place where it may be seen at all times. If a licensee does not have a premises, he/she shall carry the license with him/her to be displayed to persons with whom he/she transacts business or any public official at their request.
[R.O. 2009 § 605.100; R.O. 2007 § 610.100; Ord. No. 764 § 6, 1-17-1980]
The local agent who represents a person doing business in Bolivar shall be personally responsible for the compliance of their principals and of the business and enterprises they represent with all the provisions of this Chapter.
[R.O. 2009 § 605.110; R.O. 2007 § 610.110; Ord. No. 764 § 11, 1-17-1980]
Class A License.
All licenses, except as otherwise provided, granted under the terms of this Chapter shall extend for a period of one (1) year from July 1 through June 30.
If a person starts a new business for which a license is required at any other time of the year besides the month of July, he/she shall be issued a license to be valid until the next June 30. The applicant shall pay a fee based on the proration of the normal fee over the months the license shall be valid.
Any person applying for a renewal license between the effective date of this Chapter and June 30, 1980, shall be allowed to purchase a license as described above in Subsection (A)(2) of this Section, of a license which would be valid for a period of more than one (1) year. This period would be from the time of application to June 30, 1980, and for the year of July 1, 1980, to June 30, 1981. The fee shall be the normal fee for one (1) year plus a proration of that normal fee for the number of months between the time of application and June 30, 1980.
Class B License. A Class B license shall be valid for the period requested by the applicant in conformity with the provisions hereinafter set forth.
Class C License. A Class C license shall be valid for the period specified in the description of the license below.
[R.O. 2009 § 605.115; R.O. 2007 § 610.115; Ord. No. 897 § 1, 4-11-1985; Ord. No. 934 §§ 1 – 3, 12-11-1986; Ord. No. 2955 § I, 9-9-2010]
Not withstanding other provisions of this Chapter to the contrary, a person applying for any license required by this Chapter that is qualified to be issued a license by the City Clerk, except for his/her failure to have a sales tax number issued by the State of Missouri when required to have such a license by Missouri Statutes, may apply for and the City Clerk may issue a temporary license which shall be valid for a period of not more than ninety (90) days from the date of issuance and which shall expire on the earlier of the date stated in the license or upon the issuance of a permanent license, whichever shall first occur.
Prior to the issuance of a temporary license, the applicant shall post with the City of Bolivar a cash bond or a surety bond with good and sufficient sureties, approved by the City Attorney or any Assistant City Attorney. If the applicant is the successor to a prior business doing business within the corporate limits of the City of Bolivar, the bond amount shall be one-fourth (1/4) of two and one-half percent (2.5%) of the sales subject to the City of Bolivar sales tax during the twelve (12) months immediately preceding the date of the application for temporary license. In the event the business is a new business or is the continuation of an existing business that has not conducted business within the City subject to City sales tax for a period of twelve (12) months, the bond amount shall be based upon a good faith estimate of the taxable sales for a period of the three (3) months multiplied by two and one-half percent (2.5%). An application for a temporary license shall be provided under oath by the applicant on his/her best knowledge, information and belief and under penalty of making a false affidavit under Section 225.420 of the Bolivar City Code and the laws of the State of Missouri.
The bond described in Subsection (B) hereof shall be to the benefit of the City of Bolivar, Missouri, and shall be conditioned upon the applicant acquiring a State sales tax number, making application for a permanent business license under this Chapter and remitting to the State of Missouri all taxes due under State Statutes and the City sales tax ordinances from taxable sales made prior to the acquisition of a sales tax number. If the conditions of said bond are met, the same shall be released, otherwise to be forfeited to the City in an amount (not to exceed the face amount of bond) that shall equal the fees, taxes and charges that would have been due and payable to the City had the applicant had a permanent sales tax number from the State of Missouri and been eligible for and issued a permanent business license under this Chapter and conducted business under such license.
In the event the applicant shall fail to obtain a permanent license before the expiration of the date of the temporary license, he/she shall immediately cease doing business within the corporate limits of the City of Bolivar, Missouri.
The applicant shall upon issuance of the temporary license pay a license fee of ten dollars ($10.00).
[R.O. 2009 § 605.120; R.O. 2007 § 610.120; Ord. No. 2721, 5-30-2007; Ord. No. 2952 § II, 9-9-2010]
Licenses shall be divided into three (3) categories — Class A, Class B and Class C.
Class A License. A person requiring a Class A license shall pay a fee of twenty-five dollars ($25.00) for a one (1) year license.
Class B License. A person required to have a Class B license shall pay a fee of :
A person required to have a Class C license shall pay a fee as levied by the description of the license in the following Sections of this Chapter.
For those persons requiring a Class A license and that occupy a brick and mortar business location wherein the person requiring the Class A license also maintains an account with the City of Bolivar, Missouri, for utility services, the following provisions will apply:
[Ord. No. 3221 § II, 6-23-2015]
All business license fees due from the person requiring a Class A license will be paid in equal monthly installments along with the person's City utility payments during the course of the then-current license term. For any partial year of business license fees, the fees will be prorated and divided equally among the remaining utility bills for the duration of the applicable license term. Such fees will be itemized and listed on the person's utility billing; and payment for such license fees will be due on the date required for making timely City utility payments. Payments made on applicable utility billing will first be applied to amounts due and owing for the City's utilities and (if applicable) contracted trash services. In the event that the amounts paid on any monthly utility billing are not sufficient to pay amounts then due for business license fees, the City may revoke the person's business license and pursue any remedies available pursuant to this Chapter.
If, after acquiring a Class A business license that is applicable to this Subsection (B), the responsible person thereafter no longer maintains an account for City utilities with the City of Bolivar for any reason prior to the expiration of the then-current license term, the City will, either with the final City utility billing statement for the responsible person or by separate invoice, send the responsible person a bill for all unpaid and applicable Class A license fees due for the then-current license term; and thereafter all renewals of such business license will be paid in full for the successive license terms in advance. If the responsible person thereafter reacquires an account for City utilities, the provisions of this Subsection (B) will again apply, beginning with the person's next renewal of such business license after reacquiring a City utility account.
If a person acquires a Class A business license that is not subject to the provisions of this Subsection (B), but thereafter the person qualifies for this Subsection (B) during the license term but after paying for a Class A license fee in full, the provisions of this Subsection (B) will apply beginning with the person's next renewal of such business license.
[R.O. 2009 § 605.140]
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 Bolivar.
[R.O. 2009 § 605.150; R.O. 2007 § 610.150; Ord. No. 764 § 15, 1-17-1980]
Any organization which is an exempt organization as described in the Internal Revenue Code Section 501 shall comply with all requirements under this Chapter except they shall not be required to pay any fees levied under this Chapter nor provide a sales tax number. However, the City Clerk may require proof of sales tax exemption under the laws of this State.
[R.O. 2009 § 605.160; R.O. 2007 § 610.160; Ord. No. 764 § 16, 1-17-1980; Ord. No. 1674, 8-14-1997; Ord. No. 2952 § I, 9-9-2010]
The professions, occupations or businesses listed in Section 94.110, RSMo., shall require a license and fees and shall be levied upon each as specified above, except as noted in Section 605.140.
Any person engaging in an occupation, business or profession as noted above who maintains a permanent place of business within the City of Bolivar, Missouri, shall be required to purchase a Class A license, except for those specifically required to obtain a Class C license.
Any person engaging in an occupation, business or profession as noted above who does not maintain a permanent place of business within the City of Bolivar, Missouri, shall be required to purchase a Class B license, except for those specifically required to obtain a Class C license; provided that any person who maintains a permanent place of business within the boundaries of Polk County, Missouri, but not within the City of Bolivar shall be charged as set forth in Section 605.120(A)(2)(c) of the Bolivar Municipal Code and otherwise complying with the requirements of this Chapter.
All persons hereafter specifically mentioned shall be required to purchase a Class C license.
[R.O. 2009 § 605.170; R.O. 2007 § 610.170; Ord. No. 764 § 16, 1-17-1980; Ord. No. 801 § 1, 2-12-1981]
Businesses engaged in the carriage of persons in motor vehicles in the City of Bolivar for a fee, except those governed by the Public Service Commission, shall be required to obtain a license from the City of Bolivar.
Information Required Of Persons Entering Into Business.
Whether or not the applicant or any of the persons interested in the permit, if granted, have been convicted of the violation of any national, State or municipal law.
Whether or not the applicant or any person interested in the permit have unpaid claims or unsatisfied judgments against them for damages resulting from the negligent operation of a vehicle.
The number of vehicles to be operated.
The names and addresses of all persons who are to operate any vehicles of the business and, in addition, provide a description of the past experience the drivers have had in rendering a similar type of service, a complete driving record from the State of Missouri and any other State in which person has resided and whether the drivers have any outstanding claims or judgment against them for the negligent operation of a motor vehicle.
The holder of the license shall be responsible for reporting any changes in the required information to the City Clerk.
Factors To Consider Before Issuance Of The License. If the City Clerk of Bolivar, Missouri, shall be satisfied that the applicant for a license under this Chapter and his/her employees are law-abiding citizens, are of good moral character and reputation and are qualified, fitted and capable of engaging in operating and conducting carriage of persons, the City Clerk shall approve such application and authorize the issuance of a license in accordance with the terms of the application.
Requirement Of Liability Insurance. No license shall be issued to any business engaging in the carriage of persons until and after such business has acquired a liability insurance policy from an insurance company approved by the State of Missouri. The minimum amount of liability insurance to be carried by a business licensed herein shall be fifty thousand dollars ($50,000.00) for property damage and one hundred thousand dollars ($100,000.00) for personal injury to any one (1) person and three hundred thousand dollars ($300,000.00) for personal injury to any two (2) or more persons in any one (1) occurrence; provided however, that business engaged solely as a taxi shall provide proof of liability insurance in the amount of fifty thousand dollars ($50,000.00) for property damage, fifty thousand dollars ($50,000,00) for personal injury to any one (1) person and one hundred thousand dollars ($100,000.00) for personal injury to any two (2) or more persons in any one (1) occurrence. The applicant shall produce proof of insurance coverage as required by this Subsection to the City Clerk and all insurance policies shall require notification to the City at least ten (10) days prior to any cancellation thereof by the issuing company.
Failure To Maintain Required Insurance. If the business fails at any time to carry the insurance as required by this Chapter, their license shall be immediately rendered null and void.
Fees And Terms Of License. The fees and terms of a license for the carriage of persons shall be the same as a Class A license described in this Chapter except for those who do not have a place of business within the City, in which event the fees and terms shall be the same as a Class B license.
[R.O. 2009 § 605.180; R.O. 2007 § 610.180; Ord. No. 764 § 16, 1-17-1980; Ord. No. 2960 § I, 11-11-2010]
Any person desiring to operate a circus, carnival or menagerie shall purchase a Class C license.
Before a license shall be issued to a person under this Section, the City Clerk shall be satisfied that such person has provided adequate parking and adequate traffic control so as not to congest the roads and streets in the City of Bolivar and propose to operate the business in an area properly zoned for such business or for which a special use permit has been properly granted.
Fees Levied. Any person desiring a license to operate a circus or carnival shall pay a fee of two hundred fifty dollars ($250.00) for a permit of not to exceed seven (7) days.
Term Of License. The license under this Section shall be good for the number of days for which the license specifies. The City Clerk may revoke the license, however, after hearing and twelve (12) hours' notice if the business fails to maintain the area in a clean manner, without trash and litter.
[R.O. 2009 § 605.185; Ord. No. 3039 § I, 5-10-2012]
Any person or entity desiring to sell food, merchandise or any other service to the general public for a limited duration of time at any event under circumstances wherein the person or entity does not already hold a Class A business license for the location where the sales are to take place as the person or entity's permanent place of business shall be required to obtain a license from the City of Bolivar.
For purposes of this Section, the term "event" will mean and include any concert, sporting event, fair, conference, trade show, parade, festival, entertainment event, and any other like activities taking place within the City of Bolivar.
Fees And Terms Of License. The fees and terms of a license obtained pursuant to this Section shall be the same as a Class B license.
[R.O. 2009 § 605.190; R.O. 2007 § 610.220; Ord. No. 898 §§ 1 – 2, 4-11-1985]
A person commits the crime of illegal conduct of business if he/she shall knowingly conduct business requiring a business license without first acquiring such license, shall continue to conduct business after the expiration of his/her license or shall violate any of the other provisions of this Chapter.
Each day or fraction thereof that a person shall be in violation of the provisions of this Chapter shall be deemed a separate offense.
In addition to all other penalties provided hereunder, the City of Bolivar may seek injunctive relief, either mandatory or prohibitory, to enforce compliance with provisions of this Chapter.