[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:
- MANUFACTURER
- 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.
- MERCHANT
- 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
- A building from which a licensee intends to conduct a profession, occupation or business for a period of six (6) months or more.
- PERSON
- Any person, firm, partnership, association, corporation, company or organization of any kind.
[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. 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. 2007 §610.040; Ord. No. 764 §4, 1-17-1980; Ord. No. 2932 §I, 5-13-2010]
A.
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]
1.
Either of the following:
a.
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
b.
For Class A licenses wherein the license fees are required to be paid along with City utility billing pursuant to Section 605.120(B), notice from the City Clerk of Bolivar to the business that the provisions of Section 605.120(B) will apply for payment of the license fees; and
2.
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.
B.
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 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.
C.
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 falls 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.
D.
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:
1.
Engaged in a child-related business, and
3.
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
4.
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 (90) day period immediately prior
to the occurrence that results in charges as described in item (3)
of this Subsection during a time when the registered sex offender
was on duty.
[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. 2007 §610.060; Ord. No. 1307, 8-12-1993]
A.
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.
1.
The full name and address of the person or agent who is operating
under the license in the City.
2.
The full name and address of the principal operating under the license
in the City.
3.
The complete address where the profession, occupation or business
is to be located.
4.
The general nature of the goods or services to be sold or furnished
pursuant to the license.
5.
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.
6.
The sales tax number issued to the applicant by the State of Missouri.
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In the case of independent distributors of products purchased
from a manufacturer and/or wholesaler of consumer products when the
purchase price from the distributor to the manufacturer and/or wholesaler
includes the State and local sales taxes, proof by the applicants/distributor
that such procedure is routinely followed, that the manufacturer/wholesaler
possesses a Missouri sales tax number and that the manufacturer/wholesaler
has entered into an arrangement or agreement with the State of Missouri
for the central collection and remittance of State and local sales
taxes at the point of sale to the local distributor shall be adequate
to fulfill the requirements of this Subsection.
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B.
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. 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. 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. 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. 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. 2007 §610.110; Ord. No. 764 §11, 1-17-1980]
A.
Class A License.
1.
All licenses, except as otherwise provided, granted under the terms
of this Chapter shall extend for a period of one (1) year from July
first (1st) through June thirtieth (30th).
2.
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 thirtieth (30th).
The applicant shall pay a fee based on the proration of the normal
fee over the months the license shall be valid.
3.
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 paragraph (2) of this Subsection, 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.
B.
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.
C.
Class C License. A Class C license shall be valid for the
period specified in the description of the license below.
[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]
A.
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.
B.
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 (¼) of two and one-half percent (2½%)
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 (2½%). 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 225.115 of the Bolivar City
Code and the laws of the State of Missouri.
C.
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.
D.
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.
E.
The
Applicant shall upon issuance of the temporary license pay a license
fee of ten dollars ($10.00).
[R.O. 2007 §610.120; Ord. No. 2721, 5-30-2007; Ord. No.
2952 §II, 9-9-2010]
A.
Licenses
shall be divided into three (3) categories — Class A, Class
B and Class C.
1.
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.
2.
Class B license. A person required to have a Class
B license shall pay a fee of :
3.
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.
B.
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]
1.
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.
2.
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.
3.
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. 2007 §610.130; Ord. No. 764 §13, 1-17-1980]
A licensee shall pay a penalty of five dollars ($5.00) per month
or fraction of a month (in addition to the scheduled license fee)
after July first (1st) of each license year during which the licensee
does not file a complete application for renewal. This penalty shall
not be in lieu of any punishment that may be imposed against the licensee
for operating a business without a property business license.
A.
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.
B.
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. 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. 2007 §610.160; Ord. No. 764 §16, 1-17-1980; Ord. No. 1674, 8-14-1997; Ord. No. 2952 §I, 9-9-2010]
A.
The
following professions, occupations or businesses shall require a license
and fees and shall be levied upon each as specified above:
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Agents
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Artists
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Auctioneers
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Auto wrecking shops
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Automobile agencies and dealers
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Automobile repair shops
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Ball or ten-pin alleys
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Banks
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Bill posters
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Billiard and pool table
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Bowling alleys
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Boxing exhibitions
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Brokers
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Butchers
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Concerts
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Confectioners
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Dance houses
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Dealers
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Dealers in auto accessories
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Dray
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Draymen
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Druggists
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Electricians
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Employment agencies — privately owned and operated
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Equestrian performances and theatrical or other exhibitions
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Express agents
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Express companies
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Fortunetellers
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Gas companies
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Gas stations
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Gaugers
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Grocers
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Hackman
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Hawkers
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Horse and cattle dealers
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Hotels
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Ice cream stands
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Inspectors
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Insurance companies
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Junk dealers
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Light and power companies
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Loan agents
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Loan companies
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Manufacturing and other corporations
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Menageries
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Merchant agents
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Merchants (of all kinds)
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Moving picture shows
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Omnibus driver
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Omnibuses
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Patent right dealers
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Pawnbrokers
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Peddlers
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Photographers
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Plumbers
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Public board houses
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Public buildings
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Public garages
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Real estate agents
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Restaurants
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Shows and amusements
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Soft drink stands
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Stockyard
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Street exhibitions
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Taverns
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Telegraph companies
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Telephone and water companies (except those which pay to the
City a franchise tax under existing lumber or future ordinances and
City-owned utilities)
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Tippling house
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Transfer and all other vehicles
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Traveling and auction stores
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Any other profession, occupation or business which a municipality
may lawfully license pursuant to Section 94.110, RSMo., as may be
amended from time to time hereafter.
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B.
Any
person engaging in an occupation, business or profession listed 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.
C.
Any person engaging in an occupation, business or profession listed 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 (2)(c) of the Bolivar Municipal Code and otherwise complying with the requirement of this Chapter.
D.
All
persons hereafter specifically mentioned shall be required to purchase
a Class C license.
[R.O. 2007 §610.170; Ord. No. 764 §16, 1-17-1980; Ord. No. 801 §1, 2-12-1981]
A.
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.
B.
Information Required Of Persons Entering Into Business.
1.
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.
2.
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.
3.
The number of vehicles to be operated.
4.
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.
5.
The holder of the license shall be responsible for reporting any
changes in the required information to the City Clerk.
C.
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.
D.
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.
E.
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.
F.
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. 2007 §610.180; Ord. No. 764 §16, 1-17-1980; Ord. No. 2960 §I, 11-11-2010]
A.
Any
person desiring to operate a circus, carnival or menagerie shall purchase
a Class C license.
B.
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.
C.
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.
D.
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.
[Ord. No. 3039 §I, 5-10-2012]
A.
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.
B.
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.
C.
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. 2007 §610.220; Ord. No. 898 §§1 — 2, 4-11-1985]
A.
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.
B.
Each
day or fraction thereof that a person shall be in violation of the
provisions of this Chapter shall be deemed a separate offense.
C.
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.