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.
A.
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.
B.
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:
|
Amusements
| ||
|---|---|---|
|
Annual fee
|
$30.00
| |
|
Per day
|
$5.00
| |
|
Per week
|
$10.00
| |
|
Per month
|
$15.00
|
|
Other Businesses
| ||
|---|---|---|
|
Annual fee
|
$30.00
| |
|
Per day
|
$5.00
| |
|
Per week
|
$10.00
| |
|
Per month
|
$15.00
|
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.
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 Seymour.
A.
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:
1.
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.
2.
Violation
of the terms and conditions upon which the license was issued.
3.
Failure
of the licensee to pay any tax or obligation due to the City.
4.
Any
misrepresentation or false statement in the application for a license
required herein.
5.
Failure
to display the license required herein.
|
|
Revocation of any license shall be in addition to any other
penalty or penalties which may be imposed pursuant to these provisions.
|
A.
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:
1.
The
Board of Aldermen shall set a date for a hearing to consider the question
of revocation.
2.
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.
3.
During
the pendency of this hearing before the Board of Aldermen, the licensee
shall be permitted to continue the operation of his/her business.
4.
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.
5.
The
licensee may be present in person and/or by his/her attorney and may
present evidence.
6.
After
hearing the evidence presented, the Board of Aldermen shall vote on
the issue of whether the subject license shall be revoked.
7.
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]
A.
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.
B.
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.
C.
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]
A.
The provisions
of this Article shall not apply to or affect the following:
1.
Persons
selling goods pursuant to an order or process of a court.
2.
Persons
acting in accordance with their powers or duties as public officials.
3.
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.
