City of Eldon, MO
Miller County
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Table of Contents
Table of Contents

Section 605.010 License Required For Sundry Amusements.

Section 605.020 Taxes On Menageries, Circuses and Shows.

Section 605.030 Tax On Theatricals, Operatic, Minstrel and Musical Performances.

Section 605.040 Tax On License.

Section 605.050 License Tax On Skating Rinks.

Section 605.060 Certain Entertainments Exempt.

Section 605.070 Time and Place Where Performance May Be Held.

Section 605.080 Intoxicated Persons, Liquor and Beer Not Permitted.

Section 605.090 License May Be Revoked — How.

Section 605.100 License Required For Sundry Occupations.

Section 605.110 Persons Not To Be Charged For Business License.

Section 605.120 Tax On Licenses.

Section 605.130 Insurance License — Tax.

Section 605.140 Beauty Shop License — Tax.

Section 605.150 Contractor and Subcontractor License Tax.

Section 605.160 Junk Business — Defined — License — Tax — Storage.

Section 605.170 Photographer — Definitions — License Required — Orders To Be in Duplicate.

Section 605.180 Information Booths — Tax — Regulations.

Section 605.190 Vendors of Merchandise, Product, Wood, Crafts, Temporary Vendors, Mobile Food Vendors, Food Stands, Food Carts and Other Like Establishments.

Section 605.200 Solicitor — License Required — Tax — Penalty.

Section 605.205 Solicitation On City Streets.

Section 605.210 Issuance of Single License To More Than One Person.

Section 605.215 Special Event Permits.

Section 605.220 Trade Shows, Festivals and Exhibitions — License Regulations.

Section 605.230 Business License Compliance and Safety Inspection.

Section 605.235 Fees Required.

Section 605.240 Separate License For Each Place of Business.

Section 605.250 License For Several Occupations By Same Persons At One Address.

Section 605.260 Enforcement and Penalties For Violations.

Section 605.010 License Required For Sundry Amusements.

[CC 1988 §24.100]
No person, firm, co-partnership or corporation shall in this City, without first obtaining a license therefor, own, manage or carry on any menagerie, circus, side shows museum, theatrical performance, equestrian performance, street exhibition, sparring exhibition, dance, public ball or masquerade, operatic performance, minstrel performance, puppet show or performance of legerdemain, tumbling, wax figures, ventriloquism, rope or wire walking, pedestrian or wrestling exhibition, concert, lecture, exhibition of magnifying glasses or the amusement known as round-about, flying horses or flying dutchman.

Section 605.020 Taxes On Menageries, Circuses and Shows.

[CC 1988 §24.110]
A. 
Every person, firm, company or corporation who, for gain, shall exhibit within this City any menagerie, circus, side show or show shall pay therefor a license tax as follows:
1. 
For every circus or menagerie, twenty-five dollars ($25.00) for the first (1st) twenty-four (24) hours and twenty dollars ($20.00) for each subsequent day.
2. 
For a side show to a circus or menagerie, whether carried on under a separate canvas or in a separate apartment of the main tent, ten dollars ($10.00) for the first (1st) day and ten dollars ($10.00) for each subsequent day.
3. 
For a show of any other kind carried on under canvas or in tents, five dollars ($5.00) per day.

Section 605.030 Tax On Theatricals, Operatic, Minstrel and Musical Performances.

[CC 1988 §24.120]
A. 
Every person, company of persons, troupe or corporation who within this City shall manage, conduct or carry on for gain any theatrical, operatic, minstrel or musical performance or exhibition shall pay a license tax therefor as follows:
1. 
For every such performance for each twenty-four (24) hours or fraction thereof, the sum of fifteen dollars ($15.00) for a week's performance except Sunday, the sum of seventy-five dollars ($75.00) if paid for the full week in advance.
2. 
For any street fair or other performance, for ten (10) shows, stands or booths fifty dollars ($50.00) for each twenty-four (24) hours or fraction thereof and for each show, stand or booth in addition to ten (10), three dollars ($3.00) for each twenty-four (24) hours or fraction thereof.

Section 605.040 Tax On License.

[CC 1988 §24.130]
A. 
There is hereby levied and shall be collected, upon every license for amusements, exhibitions and performances hereinafter set forth, a license tax as follows and a separate license is required for each place conducted, carried on or permitted:
1. 
Upon a license to conduct or carry on a museum, five dollars ($5.00) for each day.
2. 
Upon a license to conduct or carry on a public dance, ball or masquerade where admission or other charge is made, five dollars ($5.00) per day.
3. 
Upon a license to conduct or carry on a dance, ball or masquerade where no admission charge or other charge is made but where same is conducted or carried on in connection with an established business, the sum of five dollars ($5.00) per year, which said license tax shall be in addition to any other tax or license fee paid for the usual business of the licensee.
4. 
Upon a license to conduct or carry on any equestrian performance, street exhibition, sparring exhibition, puppet show, performance of legerdemain, tumbling, wax figures, ventriloquism, rope or wire walking or wrestling or pedestrian exhibition, five dollars ($5.00) for the first (1st) day and three dollars ($3.00) for each additional day.
5. 
Upon a license to exhibit any kind of magnifying glasses, two dollars ($2.00) for the first (1st) day and one dollar ($1.00) for each additional day.
6. 
Upon a license to give a concert or exhibition of horoscopic or other views, two dollars ($2.00) per day.
7. 
Upon a license to conduct or carry on the amusement known as roundabout, flying horses or flying dutchman, five dollars ($5.00) for the first (1st) day and one dollar ($1.00) for each additional day.

Section 605.050 License Tax On Skating Rinks.

[CC 1988 §24.140]
Every person or persons, company or corporation who shall engage in running or operating a skating rink within the City, either for gain, pleasure or amusement, shall pay therefor a license tax of twenty dollars ($20.00) per year.

Section 605.060 Certain Entertainments Exempt.

[CC 1988 §24.210]
Nothing in this Chapter shall be so construed as to require a license for any entertainment given by the citizens of this City when the same shall not be for gain or profit to the persons giving such entertainment and no license shall be required for any concert, tableau or other exhibition when the same is given solely for religious or charitable purposes.

Section 605.070 Time and Place Where Performance May Be Held.

[CC 1988 §24.220]
No dance, ball or masquerade shall be permitted or carried on in any place within the City on the first (1st) day of the week commonly called Sunday or between the hours of 1:00 A.M. and 7:00 A.M. of any day and shall not be permitted or carried on in any place where the public view is obstructed by blinds, screens, swinging doors, curtains or any other thing or object.

Section 605.080 Intoxicated Persons, Liquor and Beer Not Permitted.

[CC 1988 §24.230]
Persons in an intoxicated condition shall not be permitted on the premises where any of the amusements, exhibitions or performances enumerated in Section 605.010 hereof are permitted or carried on and no intoxicating liquor or non-intoxicating beer shall be permitted on the premises.

Section 605.090 License May Be Revoked — How.

[CC 1988 §24.250; Ord. No. 2012-23, 9-25-2012]
Whenever it shall be shown or when the Board of Aldermen has knowledge that a licensee hereunder has not at all times kept an orderly place or has violated any of the provisions of this Chapter, or has been convicted of selling an illegal substance at their place of business, the Board of Aldermen shall have power to revoke the license granted but the licensee shall be given not less than five (5) days' notice of the hearing on the matter of the revocation of the license and the licensee shall have the right to be present, be represented by counsel and present evidence in his/her behalf.

Section 605.100 License Required For Sundry Occupations.

[CC 1988 §24.260]
No person, firm, company or corporation, without first having obtained a license therefor, shall in this City engage in or carry on the business of a merchant, bank, manufacturer, druggist, lumber dealer, confectioner, bakery, restaurant, hotel, public boarding house or a public lodging house, grocer, commission merchant, produce or grain dealer, tobacconist, milliner, junk dealer, house and real estate agent, mercantile agent, sewing machine agent, agricultural implement agent, advertising agent or bill poster, express company, butcher, huckster, hawker, manufacturer of soda or mineral waters or shall keep a wagon yard, stockyard, wood yard, coal yard, livery stable, feed or boarding stable, barbershop, steam laundry, billiard table, pool table, pigeon hole table, bagatelle table, shovel board, pistol gallery or shooting gallery, beer depot or store room, ten (10) pin alley or ball alley or shall run drays, transfer express and job wagons or shall for gain keep or operate any apparatus or contrivance known as a lung tester or muscle developer or shall engage in the business, agency, avocation or profession of a clairvoyant, astrologist or fortune teller, artist, photographer, peddler of merchandise, peddler of patent inventions, peddler of lightning rods or peddler of small articles of household necessity or ornament.

Section 605.110 Persons Not To Be Charged For 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 Eldon.

Section 605.120 Tax On Licenses.

[CC 1988 §24.270]
A. 
There shall be levied and collected upon every license issued under the provisions of this Chapter and before the same shall be delivered a license tax as follows:
1. 
Advertising agent or bill poster: Thirty-five dollars ($35.00) per annum.
2. 
Agents (all other agents not otherwise provided for by ordinance): Thirty-five dollars ($35.00) per annum.
3. 
Agricultural implement or farm machinery agent: Thirty-five dollars ($35.00) per annum.
4. 
Artists: Thirty-five dollars ($35.00) per annum.
5. 
Auctioneers: Thirty-five dollars ($35.00) per annum.
6. 
Automobile agency and dealer: Thirty-five dollars ($35.00) per annum.
7. 
Bakeries: Thirty-five dollars ($35.00) per annum.
8. 
Barbershops: Thirty-five dollars ($35.00) per annum.
9. 
Beer depot or storeroom: Thirty-five dollars ($35.00) per annum.
10. 
Billiard, pool and other tables (played with balls or with balls and cues): Ten dollars ($10.00) for each table per annum.
11. 
Brokers: Thirty-five dollars ($35.00) per annum.
12. 
Butcher's shop or meat market: Thirty-five dollars ($35.00) per annum.
13. 
Clairvoyant, fortunetellers or astrologist (no reduction for any fractional part of a year): Thirty-five dollars ($35.00) per annum.
14. 
Commission merchants: Thirty dollars ($30.00) per annum.
15. 
Confectioners: Thirty-five dollars ($35.00) per annum.
16. 
Dealers in automobile accessories: Thirty-five dollars ($35.00) per annum.
17. 
Druggists: Thirty-five dollars ($35.00) per annum.
18. 
Express companies: Thirty-five dollars ($35.00) per annum.
19. 
Gas companies: Thirty-five dollars ($35.00) per annum.
20. 
Gasoline filling stations: Thirty-five dollars ($35.00) per annum.
21. 
Gaugers: Thirty-five dollars ($35.00) per annum.
22. 
Grocers: Thirty-five dollars ($35.00) per annum.
23. 
Hawkers: Thirty-five dollars ($35.00) per annum.
24. 
Horse or cattle dealers: Thirty-five dollars ($35.00) per annum.
25. 
House and real estate agent: Thirty-five dollars ($35.00) per annum.
26. 
Hucksters: Thirty-five dollars ($35.00) per annum.
27. 
Ice cream and soft drink stands combined: Thirty-five dollars ($35.00) per annum.
28. 
Ice cream stands: Thirty-five dollars ($35.00) per annum.
29. 
Inspectors: Thirty-five dollars ($35.00) per annum.
30. 
Junk dealer: Thirty-five dollars ($35.00) per annum.
31. 
Laundries (steam laundry or other type): Thirty-five dollars ($35.00) per annum.
32. 
Loan agents: Thirty-five dollars ($35.00) per annum.
33. 
Lumber dealer: Thirty-five dollars ($35.00) per annum.
34. 
Manufacturer of mineral and soda water (not charged against any person, firm or corporation having a license as a manufacturer): Thirty-five dollars ($35.00) per annum.
35. 
Manufacturers: Thirty-five dollars ($35.00) per annum.
36. 
Mercantile agent: Thirty-five dollars ($35.00) per annum.
37. 
Merchants: Thirty-five dollars ($35.00) per annum.
38. 
Moving picture shows: Thirty-five dollars ($35.00) per annum.
39. 
Parades and exhibitions: Thirty-five dollars ($35.00) per annum.
40. 
Patent right dealers: Thirty-five dollars ($35.00) per annum.
41. 
Pawnbroker: Thirty-five dollars ($35.00) per annum.
42. 
Peddlers: Five dollars ($5.00) for the first (1st) day and two dollars ($2.00) for additional day until the sum of thirty-five dollars ($35.00) shall have been paid, at which time a license shall be issued for a period ending one (1) year from the date of said first (1st) day. Any person holding the merchant's license who conducts a regularly established business in a building shall also be entitled to a peddler's license without additional charge for a period of one (1) year when he/she shall have paid the sum of thirty-five dollars ($35.00) required for said merchant's license.
43. 
Photographers: Thirty-five dollars ($35.00) per annum.
44. 
Pistol and shooting gallery: Thirty-five dollars ($35.00) per annum.
45. 
Porters: Thirty-five dollars ($35.00) per annum.
46. 
Public lecturers: Thirty-five dollars ($35.00) per annum.
47. 
Public meetings: Thirty-five dollars ($35.00) per annum.
48. 
Sewing machine agent: Thirty-five dollars ($35.00) per annum.
49. 
Soda fountains: Thirty-five dollars ($35.00) per annum.
50. 
Soft drink stands: Thirty-five dollars ($35.00) per annum.
51. 
Stockyard: Thirty-five dollars ($35.00) per annum.
52. 
Taverns: Thirty-five dollars ($35.00) per annum.
53. 
Telegraph companies: Thirty-five dollars ($35.00) per annum.
54. 
Traveling store: Ten dollars ($10.00) per day for the first (1st) five (5) days and five dollars ($5.00) for each additional day thereafter.
55. 
Vehicles hauling freight (or any article whatsoever) for hire: Five dollars ($5.00) per annum per vehicle.
56. 
Wood and/or coal yard: Thirty-five dollars ($35.00) per annum.

Section 605.130 Insurance License — Tax.

[CC 1988 §§24.290 — 24.300]
A. 
License — Generally. No person, firm or corporation shall within the City of Eldon, Missouri, engage in the insurance business or as an insurance agent or broker, whether the same be fire, life, accident, tornado, windstorm, hail, sickness, automobile, truck, plate glass or any other form of insurance covered by a policy, whether issued immediately or in the future and whether the same be known as Old Line or Mutual Insurance, without first obtaining a license therefor, provided that such person, firm or corporation representing more than one (1) company shall only be required to obtain one (1) license.
B. 
Tax. There shall be levied and collected upon every license issued under the provisions of Subsection (A) of this Section and before the same shall be delivered the sum of thirty-five dollars ($35.00) per year and no license shall be issued for a fractional part of a year.

Section 605.140 Beauty Shop License — Tax.

[CC 1988 §§24.320 — 24.330]
A. 
Generally. No person, firm or corporation shall within the City of Eldon, Missouri, keep or operate a beauty shop, dry cleaning establishment, public garage or automobile repair shop without first having obtained a license therefor.
B. 
Tax. There shall be levied and collected upon every license issued under the provisions of Subsection (A) of this Section and before the same shall be delivered the sum of thirty-five dollars ($35.00) per annum and no license shall be issued for a fractional part of a year.

Section 605.150 Contractor and Subcontractor License Tax.

[CC 1988 §24.350; Ord. No. 1189, 2-26-1985]
A. 
There shall be levied and collected upon every license issued under provisions of this Section and before the same shall be delivered a license tax as follows:
1. 
Upon a license as a general contractor or subcontractor, the business of construction of buildings and related enterprises there shall be levied and collected upon such a license the sum of thirty-five dollars ($35.00) per year and no license shall issue for a fractional part of a year. Related enterprises includes persons, firms and corporations engaged in the following: siding applications, guttering, roofing, insulation and any and all building trades. This list is illustrative and is not exclusive.
2. 
No person, firm or corporation shall within the City of Eldon, Missouri, operate as a contractor, general contractor or subcontractor in the business of building construction until the above license is purchased and every person, firm or corporation who shall violate any of the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00).

Section 605.160 Junk Business — Defined — License — Tax — Storage.

[CC 1988 §§24.360 — 24.400]
A. 
Definitions. As used in this Section the following terms shall have these prescribed meanings:
JUNK
Shall mean and include worn out and discarded materials such as old iron, glass, paper, ropes, rags, copper, parts of machinery, brass, rubber, old batteries and all other waste or discarded materials commonly referred to as junk.
JUNK BUSINESS
Shall mean the business of purchasing, collecting or handling of junk.
B. 
License Required. No person, firm, company, association or corporation without first having obtained a license thereof shall within the City of Eldon engage in or carry on any junk business.
C. 
Tax. There shall be levied and collected upon every license for a junk business the sum of one hundred dollars ($100.00) per annum.
D. 
Storage Of Certain Junk. It shall be unlawful for any person engaged in junk business to collect, store or keep inflammable junk such as rags, papers, rope, baskets, boxes, etc., within the fire limits of the City of Eldon, unless the same be stored in a building or structure composed entirely of concrete, brick, stone, metal or other non-flammable materials, except for window glasses and door glasses and roof.

Section 605.170 Photographer — Definitions — License Required — Orders To Be in Duplicate.

[CC 1988 §§24.420 — 24.460]
A. 
It shall be unlawful for any person, firm or corporation to engage in the business of a transient or itinerant photographer, canvasser or solicitor of photographs or pictures or enlargements of the same taken, photographed or otherwise made, prepared or enlarged and sold or delivered or for the transaction of any business in connection therewith within in the City of Eldon without first having obtained a license so to do as hereinafter provided and otherwise complying with the provisions of this Chapter, provided however, nothing in this Chapter contained shall apply to any one (1) person, firm or corporation actually engaging in interstate commerce in a bona fide manner and not for the purpose of evading the provisions of this Chapter.
B. 
Definitions. As used in this Section the following terms shall have these prescribed meanings:
TRANSIENT and ITINERANT
Shall be deemed to mean and include all persons both principals and agents who engage in and conduct within this City, either in one (1) locality or traveling from house to house and place to place, a temporary or transient business with the intention of continuing in such business in any one (1) place for a period not more than one (1) month.
CANVASSER and SOLICITOR
Shall be deemed to mean and include any person who goes from house to house or from place to place in the City of Eldon selling or taking orders for or offering to sell or take orders for photographs, pictures or enlargements thereof for future delivery.
C. 
License Required.
1. 
Any person desiring to engage in the business of a transient, itinerant photographer, canvasser or solicitor of photographs, other pictures or enlargements thereof as hereinbefore mentioned and defined within the said City shall make an application in writing to the Clerk of said City for the license so to do, which application shall be filed with the said Clerk at least seven (7) days before such applicant shall be authorized to begin said business.
2. 
Such application shall state the name and residence of the applicant, the place where such business is to be conducted, the kind and type of photograph or enlargements for which orders are to be taken and the length of time for which the license is desired.
3. 
No such license shall issue until there is deposited with the Clerk a bond in the penal sum of one thousand dollars ($1,000.00) executed by a surety company or two (2) responsible freeholders residing within the City of Eldon, which said bond shall first be approved by the Clerk or, in lieu thereof, a cash bond of equal amount which said bond shall be conditioned that all photographs, pictures or enlargements taken or for which orders are taken shall be as represented by him/her and that he/she will refund any monies or purchase price paid on said work, which is not as represented and so as to indemnify and reimburse any person dealing with him/her, in a sum equal to at least the amount of any payment or payments, such purchaser may have been induced to make through misrepresentation as to the kind and character of photographic or enlarging work. Any person so misled or aggrieved by the representations of any licensee hereunder all have a right of action on the bond for the recovery of the amount of his/her payment or payments or damages suffered or both. In the event a cash bond is deposited, the same shall be retained by said Clerk for a period of one hundred twenty (120) days after the expiration of any such license.
4. 
On and after seven (7) days from the filing of such application and upon the filing of a bond and the approval thereof by the Clerk of said City, a license shall be issued by said Clerk to such applicant upon the payment of the following license fee:
a. 
Five dollars ($5.00) for each day less than a week,
b. 
Twenty-five dollars ($25.00) for one (1) week, and
c. 
One hundred dollars ($100.00) for one (1) month.
All such license fees shall be paid in advance and if any such licensee desires to continue in business after the expiration of such license, a new license shall be secured in the same manner and upon the same terms as the original license.
5. 
Before any license shall issue, there shall also be filed with the Clerk an instrument in writing, signed by the applicant, nominating and appointing said City Clerk his/her true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant and service of summons in any action brought upon said bond shall be deemed made when served upon said Clerk.
D. 
Regulations For Orders. All orders taken by any licensee under the provisions of this Act shall be in writing and in duplicate stating fully the terms thereof, together with the amount paid in advance and the balance remaining due and one (1) copy of such order shall be delivered to the purchaser at the time said order is taken.

Section 605.180 Information Booths — Tax — Regulations.

[CC 1988 §§24.480 — 24.520]
A. 
Generally. It shall be unlawful for any person or corporation to maintain or operate within the City of Eldon, Missouri, any information booth or information office without first having obtained from the City Clerk of said City a license for the operation of same.
B. 
License Tax. There is hereby levied upon every license issued under Subsection (A) of this Section a license tax of twenty-five dollars ($25.00) per year.
C. 
Names Of Incorporators Required. It shall be unlawful for any person or corporation maintaining or operating within the City of Eldon, Missouri, any office wherein information is disseminated, given or sold to the information booth or information office upon the public, which said booth or office does not display upon the front and back sides thereof or front and back sides of a signboard attached thereto in black letters at least four (4) inches high and one-half (½) inch wide upon a white background the names of the persons or corporations maintaining or operating said booth or office and if said booth or office is maintained by a corporation, then the names of the stockholders or members of any such corporation; provided, that if the front and back sides of said Booth or Office or of the signboard attached thereto are not both visible to the public, then said names shall be displayed upon the sides of said booth or office or of said signboard which is visible to the public.
D. 
Unlawful To Sell Under Name Other Than Incorporators. It shall be unlawful for any person or corporation maintaining or operating or assisting in maintaining or operating within the City of Eldon, Missouri, an information booth or information office under the provisions of this Chapter to disseminate, give out or sell from any such booth or office any information advertising materials for or on behalf of any persons or corporations other than the persons or corporations whose names are displayed upon the sides of said booth or office or upon a signboard attached thereto as provided in Subsection (C) of this Section.
E. 
Unlawful To Charge For Information. It shall be unlawful for any person or corporation to maintain or operate within the City of Eldon, Missouri, for consideration or profit, any information booth or information office where information or advertising matter is disseminated or furnished to the public and those inquiring at said booth or office, provided that the compensation paid an employee of any persons or corporations who maintain such a booth or office shall not be taken and considered as consideration or profit for the operation of said information booth or information office.

Section 605.190 Vendors of Merchandise, Product, Wood, Crafts, Temporary Vendors, Mobile Food Vendors, Food Stands, Food Carts and Other Like Establishments.

[CC 1988 §§24.540 — 24.560; Ord. No. 2012-34 §1, 12-11-2012]
A. 
Generally. Every person, persons or corporation who sells any goods, wares, merchandise or services from a wagon, truck or other vehicle within the City shall be deemed a vendor of merchandise or services within the meaning of the Chapter.
B. 
Solicitation Of Business Prohibited. No person(s), business or entity shall be allowed to sell, or solicit within the City limits of Eldon for the purpose of selling, food or other like product from a vehicle, cart, stand, wagon, mobile unit, portable unit, truck, trailer or other like vehicle unless such vehicle contains facilities for the preparation of food and also meets the requirements of both the City of Eldon, Missouri, and Miller County, Missouri, for all health and facilities codes or ordinances for food service preparation establishments, and passes all required inspections for food service establishments and food sold from such vehicles, except that vehicles which sell only prepackaged manufactured food items prepared in an inspected food service facility, and which typically move from point of sale to point of sale, not stationary in any location for greater than fifteen (15) minutes, must only meet the requirements for food service establishments as to hold food at a proper temperature and in a manner established as proper by the health codes of the City of Eldon, Missouri and Miller County, Missouri.
[Ord. No. 2014-09 § 1, 4-8-2014]
C. 
Vendor License. All vendors of merchandise, food, temporary food establishments, mobile food vendors, food stands, food carts, and other like food establishments may, however, apply for a business license for a permit to sell for a period of no more than seven (7) consecutive days in conjunction with a single event, festival, or celebration within the City limits of Eldon.
D. 
Fee. See Section 605.230 Business License Compliance and Safety Inspection.
E. 
Inspections Required. No person(s), firm or corporation will be allowed to operate or maintain an establishment (permanent or temporary) where food or beverages are served to the public without permits, licenses, or permission from the regulatory authority. All food vendors will need to provide an approved inspection report from State, County and local authorities before a City business license will be issued and only issued as stated in Subsection (C).
F. 
Allowed. All vendors may be allowed to sell merchandise, product or food for a period of no more than seven (7) consecutive days in conjunction with a single event, festival, or celebration within the City limits of Eldon.
G. 
Definition Of Official Event. A festival or celebration which is recognized as such by the City of Eldon and having been posted in the local newspaper or other local media is considered to be an official event.
H. 
Violation And Penalty. Any person who shall violate a provision of this Section or the code adopted herein or shall fail to comply with any requirements thereto or any of the directives of the Code Enforcement Officer, or other City representative shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a period not exceeding ninety (90) days, or by both fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
I. 
Vendor Mobile Unit. Any vehicle, cart, stand, wagon, mobile unit, portable unit, truck, trailer, or other unit that is designed to prepare and maintain food at proper temperatures on site. The unit must be fully self-contained, fully enclosed and stand-alone without the need for additional storage, canopies, portable propane tanks, and portable gray water or sewage tanks.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
J. 
Facilities For Preparation Of Food. The vending unit shall have adequate working oven, microwave or cooktop and a refrigerator capable of maintaining food at forty-one degrees Fahrenheit (41ºF.) or below. Food preparation counters shall be constructed of smooth, easily cleanable, non-absorbent and non-toxic materials. A triple bowl sink shall be provided for the preparation of food as well as a separate sink for hand wash.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
K. 
Mobile units containing a grill or deep fat fryer must install a hood with filters and be vented to the outside of the unit. Hood system suppression system is required.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
L. 
Outdoor seating and portable bathroom facilities are prohibited.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
M. 
A vendor mobile unit will not be issued a permit for an area zoned residential.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
N. 
A stationary mobile unit shall provide a copy of the lease allowing occupation of the proposed location.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
O. 
A stationary mobile unit shall be parked on a hard surface such as asphalt or concrete.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]

Section 605.200 Solicitor — License Required — Tax — Penalty.

[CC 1988 §§24.570—24.582; Ord. No. 2013-46 §§1—2, 10-8-2013]
A. 
Solicitor/Peddler Defined. All persons employed in the canvassing, soliciting or taking orders for sale by going house to house, store to store, or any other place of residence or housing or otherwise of any nature whatsoever for future delivery or for future services must make application for a peddler/solicitor permit before beginning any activity within the City limits of Eldon, Missouri. It shall be unlawful for any person to engage in canvassing, soliciting or peddling within the City of Eldon without first obtaining a license.
B. 
License Required. The license fee for a solicitor/peddler as above defined shall be a sum of thirty-five dollars ($35.00) per annum to be paid in advance. All persons must carry the issued permit at all times along with a current driver's license or State Identification card or other government-issued identification bearing a photographic likeness of the solicitor/peddler which will be necessary to validate the permit holder as the solicitor/peddler. Such permit shall be exhibited at the request of any citizen along with the required identification.
C. 
License Tax. The license tax for a peddler/solicitor as above defined shall be the sum of thirty-five dollars ($35.00) per annum to be paid in advance.
D. 
Penalty. Every person acting as a solicitor without first having obtained a license therefor shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars ($50.00) for each and every offense.
E. 
Restrictions.
1. 
Activities of peddlers and solicitors shall be limited to the hours between 9:00 A.M. and 6:00 P.M. No peddler or solicitor shall return to the same occupied residence a second time in less than six (6) months unless previously authorized by the occupant of the residence at the time of the first call.
2. 
No peddler or solicitor or anyone on his or her behalf shall sell or solicit anything from a person at any property, designated by a sign conspicuously posted at the front door of the property, indicating "No Peddlers," "No Solicitation" or other similar language expressing the unwillingness of occupants at the property to accept peddlers or solicitors.

Section 605.205 Solicitation On City Streets.

[Ord. No. 2096 §§1 — 2, 10-9-2007]
A. 
Solicitation Of Business Prohibited. No person shall stand on Highway 52 or Highway 54 or any intersection of said highways for the purpose of selling merchandise to or soliciting business or employment from the occupant of any vehicle.
B. 
Solicitation Of Contributions.
1. 
No person shall stand on Highway 52 or Highway 54 or any intersection of said highways for the purpose of soliciting contributions from the occupant of any vehicle. Solicitation in other areas of the City may occur pursuant to a permit issued to a soliciting agency that complies with the conditions set forth in Subparagraphs (2) and (3).
2. 
The City Administrator or his designee shall issue a permit to a soliciting agency that meets all of the following requirements:
a. 
Registered with the State of Missouri as a charitable, civic, religious or fraternal organization; and
b. 
Engaged in a fund raising activity sponsored by an organization with Federally recognized 501C(3) status or otherwise exempt from Federal taxes; and
c. 
Liable for any injuries to any person or property during the solicitation which is causally related to an act of ordinary negligence of the soliciting agent, and the soliciting agency shall file with the City with its application for a solicitation permit a current and valid certificate of insurance showing liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00) for personal injury per occurrence and one hundred thousand dollars ($100,000.00) for property damage during the period of requested solicitation, and the City shall be named as an additional insured on the certificate.
3. 
The soliciting agency shall be subject to the following conditions:
a. 
Any person engaged in solicitation on behalf of the soliciting agency shall be at least sixteen (16) years of age and shall wear a high visibility vest approved by the City at all times during the hours of solicitation indicated by the permit.
b. 
No person engaged in solicitation on behalf of the soliciting agency shall lean their person or any objects into a vehicle at any time.
c. 
No person engaged in solicitation on behalf of the soliciting agency shall interfere at anytime with the legal movement of traffic when the traffic control device allows such movement.
d. 
Soliciting pursuant to a permit shall take place only at intersections of streets with no more than two (2) lanes of travel (exclusive of turning lanes) where traffic has come to a complete stop.
e. 
Each solicitor shall wear some type of identification card which clearly displays the name of the soliciting agency at all times during the hours of solicitation indicated by the permit.
f. 
Solicitation shall take place during daylight hours only.
g. 
The soliciting agency shall be required to file an application for a permit on a form approved by the City and apply for any other solicitation permits that may be required by any applicable law or ordinance. Review by the City may take up to three (3) working days before a permit is issued.
C. 
Distribution Of Literature. No person shall stand on Highway 52 or Highway 54 or any intersection of said highways for the purpose of handing out pamphlets and distributing literature to the occupant of any vehicle.
D. 
Severability. The provisions of this Section are severable. If any provision of this Section or application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this Section which can be given effect without the invalid provision or application.
E. 
Penalty. Any person, firm or corporation violating any provision of this Section shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense. Any person violating any provision of this Section may in addition to a fine or in lieu of a fine be imprisoned for not less than six (6) months. In lieu of imprisonment, the person may serve the sentence under the City's community service program. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Section 605.210 Issuance of Single License To More Than One Person.

[CC 1977 §22-14; CC 1988 §24.585; Ord. No. 1412 §1(24.585), 10-23-1990]
A license may be issued in the name of any corporation, association or partnership or to two (2) or more persons engaged in any joint enterprise in the same manner as a license may be issued to a single person and for the same fee, except where otherwise specifically provided.

Section 605.215 Special Event Permits.

[Ord. No. 2016-21 §§ 1 — 2, 7-12-2016]
A. 
Definition Of Special Event: A temporary public event, gathering or organized activity, including but not limited to parades, bike races, marathons, walk-a-thons, fireworks displays, concerts, music and/or art shows in the park, carnivals, car and/or tractor shows, tractor pulls, car derbies and other types of races and festivals. (A private event which takes place at the Eldon City Parks, Community Center or Aquatic Center, including but not limited to birthday parties, family gatherings, reunions, showers (wedding, baby, etc.), celebratory parties, etc., are exempt from these requirements as they fall under Chapter 225, Parks, Articles I, II and III.) (Section 605.220 would cover events such as a farmers market and craft show.)
B. 
Permit Required.
1. 
It shall be unlawful for any person, firm, corporation or the agents thereof, to operate any event to be held in any street, public park or City owned facility in the City without a permit from the City of Eldon approved by all department heads, City Administrator and Mayor.
[Ord. No. 2016-34 §§ 1 — 2, 9-27-2016]
2. 
It shall be unlawful for any promoter to allow, permit, encourage, promote, organize or advertise any event in a public or private venue unless a valid City permit is obtained therefor. A separate permit shall be required for each event, concert, exhibition or show.
C. 
Permit Application.
1. 
A written application for a permit for an event shall be made by an individual or by an officer of any firm or corporation. The application shall be submitted at least thirty (30) days prior to the date upon which the event is to be held.
2. 
The application shall contain the following:
a. 
The name of the individual or firm or corporation which is sponsoring the event and contact information for that individual or persons;
b. 
The name, event type, dates, times and location of event;
c. 
The expected number of individuals attending the gathering together with a list of the performers, vendors, participants, etc., along with the vendors sales tax ID numbers or tax exemption letters;
d. 
Any and all vendors participating in the event will be required to obtain a business license prior to the event in accordance with City of Eldon Code Section 605.190(C);
e. 
List of all proposed street and/or park closings;
f. 
County Health Department permits if applicable;
g. 
If alcohol sales or distribution is to be approved, a site map of where the alcohol will be consumed, distributed or sold and the type of barricades that will be used to enclose that area;
h. 
What City utilities or equipment will be needed such as electric, water, barricades, trash carts, fencing, police security, emergency medical services, etc.;
i. 
Plans for trash removal;
j. 
If event is taking place in business district, written approval from all businesses that would be adversely affected by the event;
k. 
Signed and dated agreement to conditions form;
l. 
Proof of insurance (when applicable);
m. 
Upon approval of the special event permit, there will be required a non-refundable fifty dollars ($50.00) permit fee. Exclusions to this fee would be fundraisers for a charity and/or an event sponsored by a 501(C)(3) or other non-profit status organization. If the sponsor, organization or person having the special event plans to have the event more than one (1) time in a fiscal year, all of the applications and fees can be submitted and paid at one (1) time if so desired.

Section 605.220 Trade Shows, Festivals and Exhibitions — License Regulations.

[CC 1988 §§24.590, 24.610; Ord. No. 1412 §1(24.590, 24.610), 10-23-1990]
A. 
Generally.
1. 
A license may be issued in the name of any corporation, association or partnership or to any person in charge of a trade show, festival or exhibition lasting not longer than one (1) week in which various businesses and enterprises are invited to participate and to display goods, wares and services for sale. Any such license issued is done for the convenience of the entity organizing the trade show and for the business license office and shall not in any way affect the license fees charged to participants. Any such license shall include either on the face of the license or on the application form a complete and accurate listing of all exhibitors at the show. The listing shall show the name, address, telephone number, State tax identification number and any annual City license number of each exhibitor. No person shall occupy space under the control of the person in charge of any show, festival or exhibition without being included in the listing of the license. Upon issuing a license in the name of any corporation, association or partnership or to any person in charge of a trade show, festival or exhibition the City of Eldon shall not issue additional business licenses within the same geographic area during the same time period.
2. 
If the holding of any trade show, festival or exhibition involves the closing of any street, alley or sidewalk, the following rules shall apply:
a. 
The organizer shall request in writing the streets, alleys and sidewalks to be closed and the total area over which the organizer wishes to exercise control. The Board of Aldermen shall by motion approve, modify or reject such request.
b. 
If the sponsor of the event will be granting booth space to vendors upon public property, the sponsor shall give any regular businesses abutting the public property the right of first refusal for the booth space or spaces closest to the business on the same terms and conditions as it is generally offered by the sponsor.
B. 
Permission To Block Streets And Sidewalks. Notwithstanding the provisions of Section 215.700 of the Code of the City of Eldon, the granting of the Board of Aldermen to close any street or sidewalk for purposes of shows, festivals and exhibitions shall permit the placing of displays, merchandise and booths upon the public ways as specified in the granting of the permission.

Section 605.230 Business License Compliance and Safety Inspection. [1]

[Ord. No. 2010-07 §1, 3-4-2010]
A. 
Generally. For the general welfare, safety and health of the public, it is required that all businesses, restaurants, vendors and lodging facilities and other like businesses, existing or new, within the City limits of Eldon, Missouri, receive a business license compliance and safety inspection prior to the issuance of a business license.
B. 
Definition. For the purpose of this Section, the word "business" is defined as a legally recognized organization designed to provide goods and/or services to consumers. Except as may be provided otherwise in the City ordinances, a person shall be deemed to be in business and required to have a business license compliance inspection when he/she is selling goods or service, offering goods or service which may be for sale or hire, or using any vehicle, motorized or non-motorized, vendors, temporary or permanent, on any premises, public or private, in the City of Eldon.
C. 
Inspections will be carried out by the City of Eldon Building Department Codes Enforcement Department, City Fire Department or other City departments and as required by the Miller County Health Department or other local or State agencies.
1. 
All businesses required to obtain a business license under the provisions of this Chapter shall receive a business license compliance and safety inspection and pay all fees upon application for a license to open a new business or application to renew an existing license. A business license compliance and safety inspection shall be due annually thereafter for all businesses.
2. 
The City of Eldon will notify all businesses when their license is near expiration and that such required inspection(s) are needed. It will be the responsibility of the business owner(s) to request any inspections from the County, State or other agencies that may be required. The City maintains that the business owners are ultimately responsible to request such inspection(s).
3. 
Business license compliance and safety inspections will be in accordance with all City ordinances and most currently adopted Building Regulations, Title V, Chapter 500: Article I — Building Code Adoption; Article III — Existing Building Code; Article IV — Electrical Code; Article V — Energy Conservation Code; Article VI — Fire Code; Article VII — Fuel Gas Code; Article VIII — Mechanical Code; Article IX — Plumbing Code; Article X — Property Maintenance Code; or any other adopted codes or ordinance(s).
[1]
Editor's Note — Ordinance no. 2010-07 §1 adopted March 4, 2010, repealed section 605.230 "Fire Inspection Required — Fees" and enacted new provisions set out herein. Former section 605.230 derived from ord. no. 1694 §2(24.700 — 24.710), 12-9-97.

Section 605.235 Fees Required.

[Ord. No. 2010-07 §1, 3-4-2010]
A. 
The City of Eldon business license compliance and safety fees are as follows:
1. 
Initial/annual inspection which includes a second (2nd) or final inspection shall be fifty dollars ($50.00).
2. 
Third (3rd) and subsequent inspections shall be twenty-five dollars ($25.00) per visit/inspection.

Section 605.240 Separate License For Each Place of Business.

[CC 1988 §§24.595; Ord. No. 1412 §1(24.595), 10-23-1990]
A separate license shall be obtained for each place of business conducted, operated, maintained or carried on by every person engaged in any business for which a license is required by this Chapter. The City shall be notified of any change of address of such place of business within one (1) week of any such change. Nothing contained in this Section shall be deemed to require the holder of a business license to obtain another license for the purpose of being an exhibitor at a trade show or festival within the City except as provided in the Section regulating trade shows and festivals.

Section 605.250 License For Several Occupations By Same Persons At One Address.

[CC 1988 §§24.600; Ord. No. 1412 §1(24.600), 10-23-1990]
Whenever any applicant for a license is engaged in more than one (1) business at the same address, such applicant may, at his/her option, in lieu of making application and paying for a separate license for each such business, make application for the business license for only the major or principal business of the applicant at such address, but the license fee for all of the businesses in which the applicant is engaged at such address shall be computed from all of the businesses in which applicant is engaged at such address and the license fee required to be paid shall be based on the computed total for which application is made.

Section 605.260 Enforcement and Penalties For Violations.

[CC 1988 §§24.605; Ord. No. 1412 §1(24.605), 10-23-1990; Ord. No. 2010-07 §1, 3-4-2010]
A. 
The City business license will not be issued and may be revoked temporarily or permanently until all inspections are approved and all fees are paid.
B. 
Notice. If any person operating or wishing to operate a business shall be found to have violated any provision of this Chapter or other section of the law, the Code Enforcement Officer shall issue an order directing such offending person to cease and desist from operating with the violation and to comply with this Chapter or any section of the law being violated. Such notification of violation shall be in writing and inform the offending party with the facts upon which the decision has been made that a violation exists and said notice shall be delivered upon the offending party by the Code Enforcement Officer conducting the inspection or by first class U.S. mail. The notice shall inform the offending party that they have ten (10) days to become compliant with this Chapter or other provision of the law or their license may be revoked and that a citation to the Municipal Court may be issued.
C. 
Appeal. The Code Enforcement Officer's determination may be appealed to the Board of Appeals for the City of Eldon by written application submitted to the Code Enforcement Officer within ten (10) days after the date of the notice of violation. In the event that it is claimed that:
1. 
The true intent of the Business License Code or rules adopted thereunder has been incorrectly. interpreted.
2. 
The provisions of the Business License Code do not fully apply.
D. 
Hearings.
1. 
A hearing shall be conducted as soon as practicable after a request for hearing is received. Hearings shall be open to the public. The appellant, the appellant's representative, the Code Enforcement Officer and any person whose interests are affected shall be given the opportunity to be heard. Compliance with the strict rules of evidence shall not be required but only relevant information shall be received. A simple majority of those voting shall constitute the decision of the Board. The Code Enforcement Officer shall not vote. If the Board determines the officer's action was appropriate, the offending party shall have ten (10) days to cure the violation.
2. 
In the event the party does not become compliant and continues to operate the business in violation of this Chapter or other laws, the Code Enforcement Officer may issue a citation to the offending party requiring them to appear in Municipal Court.
E. 
Fines. Any person, business or corporation violating the terms of the Chapter, or any provision thereof, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of up to five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days or both such fine and imprisonment for the violation of each and every Section hereof. Each day that any person, business or corporation operates a business activity after the business license has been revoked shall constitute a separate violation subject to a fine of five hundred dollars ($500.00) per day.
[Ord. No. 2013-18 §§1 — 2, 4-9-2013]
F. 
Should this Section conflict with any other provision in any adopted International Code (copies of which are on file with the City Clerk) or ordinance, except for those herein listed, this procedure controls the enforcement and disposition of claims under this Chapter.