It shall be unlawful for any person, firm or corporation to engage in any business or occupation in the City of Seymour without having first applied for and obtained a license to conduct such business or occupation from the City Clerk and without paying the license fee therefor, all as provided for in this Chapter.
[Code 1999 §605.015; CC 1979 §420.030; Ord. No. 267 §3, 6-10-1974]
The term "merchant", as used in this Chapter, shall include every person who shall deal in the selling of any goods, wares, merchandise or personal property of any description or providing any service or manufacturing a product at any store, stand or place occupied for that purpose within the limits of the City of Seymour, Missouri, except as is or may be provided by this Chapter.
All applications for the licenses required herein shall be made to the City Clerk on appropriate forms provided for that purpose by the City. All licenses issued by the City Clerk shall be in such form as is provided by the Board of Aldermen; provided however, that such license shall bear the signature of the Mayor of the Board of Aldermen and the City Clerk, the date of issuance thereof and the date of expiration, as well as any additional information that may be required by the Board of Aldermen.
Each applicant for a business license under this Chapter shall submit a statement from the Missouri Department of Revenue pursuant to Section 144.083.4, RSMo., stating no tax is due, which statement is a prerequisite to the issuance or renewal of a City business license. The statement required by this Section shall be dated within ninety (90) days of submission of the business license application or renewal application.
[Code 1999 §605.025; CC 1979 §420.020; Ord. No. 321 §420.020, 6-14-1979]
Every person who shall within the City of Seymour, Missouri, operate as a merchant any business shall first pay to the City a license tax as listed in Section 605.030 of this Chapter.
[Code 1999 §605.030; CC 1979 Art. IV Sch. I §§410.000, 420.000; Ord. No. 321 Sch. I §§410.000, 420.000, 6-14-1979]
Annual license fees are as follows:
No license issued under the provisions of this Chapter shall be assignable or transferable, but shall apply only to the person to whom same is issued. In the event any licensee, as provided for herein, shall move his/her place of business from one location to another location within the City, said licensee shall submit a statement of the fact of such change to the City Clerk who may transfer such license as to location only. In no event, however, shall such license be transferred from one person to another or from the kind of business or occupation originally licensed to another type of business or occupation.
The term of the licenses issued pursuant to the provisions of this Chapter shall be from July first (1st) of one (1) year to June thirtieth (30th) of the succeeding year. In the event any licensee hereunder shall commence business on or after January first (1st), the City Clerk shall issue such license at the rate of one-half (½) of the license fee for such six (6) month period of January first (1st) to June thirtieth (30th) or fraction thereof.
Each license issued by the City under the provisions of this Chapter shall be carefully preserved and shall be displayed in a conspicuous place in the place of business authorized to be conducted by said license. If there is no place of business, said license shall be carried on the licensee's person.
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 Seymour.
Any license issued by the City pursuant to the provisions of this Chapter may be revoked by the Board of Aldermen for any of the following reasons, as well as for any other reasons specified in this Chapter:
Any failure to comply with or any violation of any provisions of this Chapter, or any other ordinance of the City regulating the business, occupation or activity licensed, or the Statutes of the State of Missouri by any licensee.
Violation of the terms and conditions upon which the license was issued.
Failure of the licensee to pay any tax or obligation due to the City.
Any misrepresentation or false statement in the application for a license required herein.
Failure to display the license required herein.
In any case in which a complaint has been made to the Board of Aldermen, or in which the Board of Aldermen have on their own determined that cause may exist for the revocation of a license under the provisions of this Chapter, the following procedures shall be followed:
The Board of Aldermen shall set a date for a hearing to consider the question of revocation.
At least ten (10) days prior to said hearing, written notice shall be mailed to the licensee, by registered mail, return receipt requested, to his/her last known address as shown in the records of the City Clerk advising the licensee of the time, date and place of hearing and of the reason for considering the revocation of his/her license.
During the pendency of this hearing before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.
At the hearing set by the Board of Aldermen, the Board of Aldermen shall hear all relevant and material evidence justifying the retention of the license.
The licensee may be present in person and/or by his/her attorney and may present evidence.
After hearing the evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked.
The affirmative vote of a majority of the Board of Aldermen shall be necessary to revoke any license.
Any person, firm or corporation or co-partnership who shall violate any provision of this Chapter, or who shall exercise or attempt to exercise any of the occupations, trades or avocations, or who shall carry on or engage in or attempt to carry on or engage in any of the businesses for which a license is required in this Chapter in the City of Seymour without first paying the tax herein levied and obtaining a license therefor shall, upon conviction, be deemed guilty of an ordinance violation and shall be punished by a fine as specified in Section 100.220 of this Code.
[Code 1999 §605.170; Ord. No. 455 §1, 9-23-1993]
The following definitions apply to this Article:
- GARAGE SALE
- All public sale of goods conducted from or on a residential premises for the purpose of disposing of personal property, including, but not limited to, all sales entitled garage, lawn, yard, attic, porch, room, backyard, patio, flea market or rummage sale.
- PERSONAL PROPERTY
- Property which is owned, utilized and maintained by an individual or members of his/her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.
[Code 1999 §605.180; Ord. No. 455 §2, 9-23-1993]
No garage sale shall be conducted unless and until the person desiring to conduct such sale shall obtain a permit from the City Clerk. Members of more than one (1) residence may join in obtaining a permit for a garage sale to be conducted at the residence of one (1) of them. There shall be no fee for the permit.
The permit shall set forth and restrict the date, time and location of such garage sale, the name and address of applicant and the dates of any other garage sale conducted at the location within the current calendar year.
Any permit in possession of the holder of a garage sale shall be posted on the premises during the time the sale is conducted in a conspicuous place visible to the public.
[Code 1999 §605.190; Ord. No. 455 §3, 9-23-1993]
No person shall advertise, conduct, carry on or permit more than two (2) garage sales upon the grounds of or within any dwelling within the City within any calendar year.
[Code 1999 §605.200; Ord. No. 455 §4, 9-23-1993]
No person shall conduct, carry on or permit a garage sale to last more than three (3) days.
[Code 1999 §605.210; Ord. No. 455 §5, 9-23-1993]
Hours of sale are restricted to daylight hours only.
[Code 1999 §605.220; Ord. No. 455 §6, 9-23-1993]
No person shall erect, place, post or mark any sign advertising a garage sale on any public property, including street signs and posts, traffic signs or posts, or on any public utility pole. Any sign erected, placed, posted or marked advertising such garage sale shall be placed no longer than one (1) day before the sale and shall be removed on or before the last day of such sale. The person responsible for conducting such garage sale shall be responsible for removing any such sign.
[Code 1999 §605.230; Ord. No. 455 §7, 9-23-1993]
No person shall display, or permit to be displayed, any goods offered for sale at a garage sale on any public street or right-of-way.
[Code 1999 §605.240; Ord. No. 455 §8, 9-23-1993]
The provisions of this Article shall not apply to or affect the following:
Persons selling goods pursuant to an order or process of a court.
Persons acting in accordance with their powers or duties as public officials.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization when the proceeds for the sale are used directly for the institution or organization's charitable purpose and the goods or articles are not sold on a consignment basis.