Cross References — Intoxicating liquor licenses, ch. 600; licensing and registration of dogs and cats generally, §210.120; development permit under flood control regulations, §§420.110 et seq.; licensing of solid waste collectors, §§235.110 et seq.; permit required for certain funerals, processions and parades, §340.050; motor vehicle licensing, §§380.050 et seq.; driving of motor vehicles on parking lots restricted, §340.230; commercial vehicles prohibited from using certain streets, §365.070; permits for curb loading zones, §360.020; permit for use of city parks after park curfew hours, §245.010(B); street excavation permit, §§510.220 et seq.; taxation, ch. 130, article II; license tags, etc., for taxicabs, ch. 620; construction permit required for private or semi-private sewage disposal system or treatment facility, §710.190; building sewer connection permits, §§710.240 et seq.
[R.O. 2008 §605.010; Code 1968 §16-1(a); CC 1988 §17-26; Ord. No. 6470, 7-11-1994; Ord. No. 12-2019, 8-26-2019]
It shall be unlawful for any person, either by himself/herself as owner or proprietor, or any business, partnership, company, organization or corporation, to exercise, carry on or engage in or do business for profit within the City of Louisiana without first taking out and having a license therefore, including any business now in operation or which may be hereafter licensable by Cities of the Third Class under the State law. However, this Section shall in no way require those persons sixteen (16) years of age or under to purchase a license under the terms of this Article.
As used in this Section, the term "business" shall mean any person, corporation or entity involved in the production, manufacture, or sales of goods or items or sales or rental of goods and items or the sales or rental of services.
It shall be in the sole discretion of the City Council to allow special exceptions for City licensing provisions pursuant to this Section. In order to qualify for a special exception said applicant shall apply for said special licensing exception, in writing, to the Clerk of the City of Louisiana. The City Council shall confirm or deny said application for special exception by a majority of the elected Council. In the event of a tie the Mayor shall cast the deciding vote on the special licensing application.
The Council is not required to allow said applicant a hearing on the matters outlined above, however, if the Council deems it appropriate to review the application via hearing, the City Clerk shall give notice to the applicant of the time and place of said hearing at least five (5) days prior to the scheduled hearing date.
[Ord. No. 12-2019, 8-26-2019]
Any property owner of record desiring to have a home occupation as provided for in City Ordinance Section 405.150 must first submit an application for an Expanded Business License to the City Administrator for review and approval, denial or approval with conditions.
Home occupations approved and operating prior to the adoption of this provision are exempted from submitting a new application for an Expanded Business License.
All approved home occupations as provided for in Section 405.150, new and existing, must continue to annually renew a normal business license, as described in Section 605.010.
Any significant alteration to an existing, approved home occupation will require submittal of a new application for an Expanded Business License for a Home Occupation.
The City Administrator will develop and submit for Council approval the proposed application form for an Expanded Business License required for Home Occupations.
At a minimum, the application will gather the following information:
What interior alterations will be required for the home occupation?
What percentage of the interior dwelling space will be required for the home occupation?
The anticipated daily and weekly traffic that the home occupation expects to generate beyond that which would be expected were there no home occupation at the residence.
Whether all parking generated by the home occupation will be accommodated off-street.
Whether the home occupation will use any equipment or operate any process that creates excessive noise, vibration, glare, fumes, obnoxious odors, heat discharge, pollutant discharge, electrical interference or fluctuations in line voltage detectable to normal sensory perception outside the structure or any other hazard that may be detrimental to the health, safety, peace, comfort and general welfare of persons in the City of Louisiana.
Whether exterior storage of any king is required for operation of the home occupation.
Whether toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted materials will be used or stored on the site for use in the home occupation.
Whether any stock in trade shall be displayed or visible from outside the dwelling or stored outside of any building, or whether any raw materials, tools, equipment or appliances or waste products will be stored outside of any building.
Within two (2) months of receipt of an application for an Extended Business License for a Home Occupation the City Administrator will either approve the application, deny the application or approve the application with conditions.
The time frame for review may be extended for a period requested by the City Administrator and approved by the applicant.
The City Administrator's decision regarding the application will be consistent with the permissions, criteria and prohibitions provided in City Ordinance Section 405.150, and any other applicable provisions of City Ordinance and County, State or Federal Law.
Should the City Administrator deem that the proposed home occupation falls outside the appeal of the City Administrator's decision an appeal may be made to the Board of Adjustment pursuant to City Ordinance Section 405.030.
Should the City Administrator decide that a proposed home occupation would represent a potential variance from existing zoning regulations the application for an Expanded Business License for a Home Occupation will be forwarded to the Board Adjustment for disposition in accordance with Section 405.030.
The City Administrator will take no further action on said application unless approved by the Board of Adjustment or through subsequent appeal.
[Ord. No. 12-2019, 8-26-2019]
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 Louisiana.
[R.O. 2008 §605.020; Code 1968 §§16-1(b) — (e), 16-2; CC 1988 §17-27; Ord. No. 12-2019, 8-26-2019]
Categories Based On Gross Annual Sales And/Or Service — Certification. The amount of the license fee, except for those specifically set out in Subsection (B) of this Section, shall be based upon gross annual sales and/or service within the following categories:
Specific Businesses Or Occupations. The following businesses or occupations shall have the following set license fees:
Banks, per year: $100.00.
Pool halls, auctioneers (maintaining a business office in the City), finance companies and loan offices, contractors, grain elevators, junk dealers and auto sales yards, radio and television stations, real estate and rental companies (maintaining a business office in the City), undertakers, exterminators, per year: $50.00.
Insurance agents, accountants, bookkeepers, tax consultants, per year: $35.00.
Taxicab businesses, per year, plus $7.50 per cab: $35.00.
Hand distributors, per distributor, per day: $2.00.
Retail peddlers or drummers, per peddler or drummer, per year: $35.00.
Carnivals or circuses, per day: $15.00.
Kennel license: $35.00.
Business In More Than One (1) Category. If any business is owned and operated out of one (1) location within the City limits and falls within more than one (1) category of the license categories set out within this Section, then the business shall pay only one (1) license fee, that being the highest fee within this Section that applies to that business.
Term — Advance Payment. The license fee required by this Section, unless otherwise noted, is a per annum fee or fraction thereof payable in advance.
Towing companies shall maintain insurance in accordance with Section 304.154, RSMo.
[R.O. 2008 §605.030; Code 1968 §16-3; CC 1988 §17-28; Ord. No. 12-2019, 8-26-2019]
It shall be the duty of the City Treasurer to collect all money for licenses issued pursuant to this Article.
[R.O. 2008 §605.040; Code 1968 §16-3; CC 1988 §17-29; Ord. No. 12-2019, 8-26-2019]
Upon receipt of any license fee required by this Article, the City Treasurer shall deliver to the licensee a license signed by the City Clerk and countersigned by the Mayor, which license shall show the amount paid for the license.
[R.O. 2008 §605.050; Code 1968 §16-3; CC 1988 §17-30; Ord. No. 12-2019, 8-26-2019]
Licenses issued pursuant to this Article shall be in such form as may be devised by the City Attorney.
Editor's Note — Whereas section 71.625, RSMo., was amended in HB 1504, 2012, regarding penalties and delinquent fees for licenses, these provisions have been included in section 605.090 of this Code. This section 605.060 "delinquent fees" is superseded by said provisions. Section 605.060 formerly derived from R.O. 2008 §605.060; code 1968 §16-4; CC 1988 §17-31.
[R.O. 2008 §605.070; Code 1968 §16-6; CC 1988 §17-32; Ord. No. 12-2019, 8-26-2019]
No license granted under the provisions of this Article or any other ordinance of this City shall be assignable or transferable. In no circumstances will refunds be made. No City license shall authorize or protect the operation of more than one (1) business, vocation or establishment.
[R.O. 2008 §605.080; Code 1968 §16-5; CC 1988 §17-33; Ord. No. 12-2019, 8-26-2019]
The City Clerk shall keep an accurate register of all licenses issued under the provisions of this Article in such form as will clearly show what licenses are in force, to whom issued, the business for which issued and the amount paid. The City Treasurer shall furnish to the City Clerk such information as is required by the City Clerk to enable him/her to keep such register.
[Ord. No. 12-2019, 8-26-2019]
All license fees not paid to the City by the person required to remit the same on the date when the same becomes due and payable to the Director of Revenue shall bear interest at the rate determined by Section 32.065, RSMo., from and after such date until paid.
In case of failure to apply for any license fee required by this Chapter on or before the date prescribed therefor, determined with regard to any extension of time for making an application, unless it is shown that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the amount required to be shown as tax on such return five percent (5%) of the amount of such tax if the failure is not for more than one (1) month, with an additional five percent (5%) for each additional month or fraction thereof during which such failure continues, not exceeding twenty-five percent (25%) in the aggregate.
In case of failure to pay the full amount of any license fee due hereunder on or before the date prescribed therefor, determined with regard to any extension of time for payment, unless it is shown, by the applicant, that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the tax an amount equal to five percent (5%) of the deficiency. The City shall, upon request by a taxpayer, apprise the taxpayer of the factual basis for the finding of negligence, or the specific rules or regulations disregarded if the City assesses a penalty under this Subsection.
[R.O. 2008 §605.095; Ord. No. 021-2005 §§1 — 2, 9-14-2005; Ord. No. 12-2019, 8-26-2019]
No license or permit issued under the term of this Code or any other ordinance of the City shall be issued to any applicant therefore who, at the time, owes a delinquent license, personal or merchant's tax to the City, until all such delinquent taxes have been paid.
Any license issued under this Article may be revoked for any of the following reasons in addition to any other reason specified in this Article:
Any failure to comply with, or any violation of any provisions of this Article by any licensee;
Violation of the terms and conditions upon which the license was issued;
Violation of any ordinance(s) of the City;
Failure of this licensee to pay any tax or obligation due to the City and referred to in Subsection (A) of this Section;
Illegal or improper issuance of the license;
Any misrepresentation or false statement in the application for such license; and
Causing, maintaining or assisting in the cause or maintenance of a nuisance whether public or private.
Revocation of any license shall be in addition to any other penalty or penalties prescribed in this Article.
Upon discovery of any violation of the above by any City employee, it should be reported to the Police Department in a timely manner.
[R.O. 2008 §605.100; Ord. No. 6502 §§1 — 4, 9-9-1996; Ord. No. 6512 §§1 — 4, 12-10-1996; Ord. No. 12-2019, 8-26-2019]
As used in this Section, the term "convenience business" means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and is open for business at any time between the hours of 11:00 P.M. and 5:00 A.M. The term "convenience business" does not include a business that is solely or primarily a restaurant or a business that has at least ten thousand (10,000) square feet of retail floor space.
For the protection of employees and the consumer public at late-night convenience businesses, every operator of a convenience business shall ensure that such operator's convenience business is equipped with the following:
A bullet-resistant glass enclosure or security camera system capable of recording and retrieving an image to assist law enforcement officials in the identification and apprehension of a criminal offender and such system shall have at least one (1) camera focused on the cash register area;
A drop safe or cash-management device for restricted access to cash receipts;
Lighting for parking areas and entrances at an intensity to provide clear visibility under normal conditions, which can be satisfied by canopy lighting within ten (10) feet of the building;
A conspicuous notice at the entrance which states that the cash register contains limited funds;
Height markers at the entrance of the convenience business which display height measures; and
A cash management policy to limit the cash on hand at all times.
A silent alarm system which shall be connected to a security company or a local Law Enforcement Agency; or
A telephone, other than a pay telephone, accessible to employees at all times.
Every operator of a convenience business shall ensure that:
For the purposes this Section, "operator" means any individual proprietor or business entity responsible for the day-to-day operation of the convenience business.
[R.O. 2008 §605.110; Ord. No. 13-2004 §§1 — 7, 3-8-2004; Ord. No. 12-2019, 8-26-2019]
No practitioner of tattooing, body piercing or branding shall practice and no establishment in which tattoos, body piercing or brandings are applied shall be operated within the City without a license issued by the City of Louisiana, Missouri, and the Director of the Division of Professional Registration of the Missouri Department of Economic Development. The license fee for each practitioner and establishment shall be established by the City of Louisiana and by rule of the Division of Professional Registration, Missouri Department of Economic Development.
No license shall be issued to any practitioner until they shall have obtained a "Conditional Use Permit" for such purpose.
[Ord. No. 16-2018, 10-22-2018]
Any practitioner of tattooing, body piercing or branding shall comply with the rules, regulations and restrictions as promulgated by the Division of Professional Registration of the Missouri Department of Economic Development and the City of Louisiana, Missouri. Such rules, regulations and restrictions shall include:
Tattooing, body piercing or branding shall only be practiced by a State licensed practitioner.
No person shall be licensed to practice by the City of Louisiana until the individual and establishment shall be licensed by the State as required with 4-CSR-267.
Tattooing, body piercing or branding shall only be practiced in an approved, licensed establishment.
No tattooing establishment shall be located one thousand (1,000) feet of any established school property boundary.
Standards of practice as set by 4-CSR-267 - Chapter 5 shall be met and maintained at all times by practitioner and establishment.
Establishment, practitioner and records shall be available for inspection during all business hours.
No person shall knowingly tattoo, brand or perform body piercing on a minor unless such person is a licensed practitioner and has first obtained prior written consent of the minor's parent(s) or legal guardian. The minor's parent(s) or legal guardian shall execute the written information required by this Section in the presence of the licensed practitioner performing the tattooing, branding or body piercing on the minor or in the presence of an employee or agent of such person. Any person who fraudulently misrepresents their self as a parent or guardian of such minor is guilty of an ordinance violation.
No person shall tattoo, brand or perform body piercing on another person if the other person is under the influence of intoxicating liquor or controlled substance.
No person under the age of eighteen (18) years shall practice or be licensed to practice tattooing, branding or body piercing.
A person who violates this Section is guilty of a misdemeanor and upon conviction of same shall be fined not more than five hundred dollars ($500.00). If there is a subsequent violation of this Section within one (1) year of the initial violation, upon conviction such person shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).
Definitions. As used in this Section, the following terms shall mean:
- BODY PIERCING
- The perforation of human tissue other than an ear or ears for a non-medical purpose.
- A permanent mark made on human tissue by burning with a hot iron or other instrument.
- CONTROLLED SUBSTANCE
- Any substance defined in Section 195.010, RSMo.
- The Division of Professional Registration of the Department of Economic Development.
- A person under the age of eighteen (18) years.
[R.O. 2008 §605.120; Ord. No. 12-2019, 8-26-2019]
No residence may hold more than three (3) garage or yard sales in any fiscal year. Each garage or yard sale shall be limited to four (4) days in length.
[R.O. 2008 §605.130; Ord. No. 29-2004 §§1 — 9, 11-8-2004; Ord. No. 014-2005 §§2, 8, 5-9-2005; Ord. No. 11-2006 §1, 8-14-2006; Ord. No. 22-2007, 10-8-2007; Ord. No. 27-2011, 8-8-2011; Ord. No. 012-2012, 6-11-2012; Ord. No. 01-2013, 2-11-2013; Ord. No. 12-2013, 11-12-2013; Ord. No. 07-2014, 3-10-2014; ; Ord. No. 09-2017 §§ 1 — 2, 7-24-2017; Ord. No. 12-2019, 8-26-2019]
Permission for intersection solicitation in the City of Louisiana will follow a procedure set out by policy, which has been approved by the City Council. The Mayor or Mayor's designee shall be responsible for approving or denying the application for intersection solicitation.