City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Editor's Note — As per ord. no. 2551 §§1 — 4, adopted May 15, 2007, the governing body hereby establishes a temporary moratorium from May 2, 2007 to April 30, 2008 from the adoption of said ordinance on new permits for any "check cashing/payday loan" establishments. No application for a permit to operate a "check cashing/payday loan" establishment within the city shall be accepted, processed and/or considered until the expiration of the temporary moratorium period. The intent of this moratorium is to ensure the preservation and enhancement of the community's public health, safety and welfare.
Subsequently, ord. no. 2674-08 §1, adopted December 16, 2008, repealed ch. 610 and enacted new provisions set out herein. Former ch. 610 derived from ord. no. 287 §§1 — 2, 6, 8 — 14, 3-6-1967; ord. no. 400 §1, 6-23-1970; ord. no. 489 §§1 — 2, 7-10-1972; ord. no. 941 §1, 7-10-1984; ord. no. 974 §1, 4-9-1985; ord. no. 1471 §1, 3-9-1993; ord. no. 1494 §§1 — 3, 8-10-1993; ord. no. 2463-06 §1, 5-16-2006; ord. no. 2521-06 §1, 12-19-2006.
[Ord. No. 2674-08 §1, 12-16-2008]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
CITY CLERK
The City Clerk and his or her duly authorized deputies and agents.
CONTRACTORS
Every individual, including any and all building crafts and enterprises, which shall engage in the business of building, erecting, repairing, remodeling or otherwise constructing or reconstructing houses, buildings, bridges, stonework, sewers, streets, sidewalks, parking lots or other structures or any parts thereof or contracting with others for the performance of any such work.
FESTIVAL VENDORS
For-profit and not-for-profit vendors selling at City-approved or sanctioned festivals.
NON-PERMANENT VENDOR
A business operation with no permanent physical structure attached to real estate that operates less than eleven (11) months of each year.
[Ord. No. 2674-08 §1, 12-16-2008]
Every person, firm or corporation who shall maintain, operate or conduct any of the businesses or trades listed in Section 610.130 or exercise any of the privileges specified in this Section shall obtain a license to do so and pay the license fee or tax prescribed in Section 610.130. All license taxes or fees required in this Section shall be due and payable on the first (1st) day of December of each year and shall be delinquent on the thirty-first (31st) day of December each year. A late payment fee equal to ten percent (10%) of the required fee shall also be required for all payments received after the due date and shall additionally accrue additional penalties in the amount of one percent (1%) per month for each month or part thereof for payments received after such fees become delinquent.
[Ord. No. 2674-08 §1, 12-16-2008]
The regular license period for the City of Smithville is from December first (1st) through November thirtieth (30th) of the following year and when any person shall apply for a new license or a renewal of an existing license from the City and the remaining period for which the business may be operated shall be less than twelve (12) months, the license fee shall be as follows: If such license shall run more than one (1) month and less than six (6) months, then the license fee charged shall be one-half (½) the license fee charged for the full twelve (12) months. If such period be more than six (6) months and less than nine (9) months, then the license fee charged shall be three-fourths (¾) of the license fee charged for the full twelve (12) months. If such period is for more than nine (9) months, then the license fee shall be the same as for twelve (12) months.
[Ord. No. 2674-08 §1, 12-16-2008; Ord. No. 2904-14 §1, 10-7-2014]
A. 
No license shall be issued under the terms of this Chapter unless the applicant provides the following information:
1. 
A completed application for a license, or renewal application, upon the forms provided by the City Administrator, or designated representative, for each application.
[Ord. No. 2935-15, 10-20-2015]
2. 
A copy of a retail sales license from the Missouri Department of Revenue, or an affidavit from the applicant that no retail sales license is required for the type of business intended to be performed under the occupation license.
3. 
A copy of a statement, issued by the Missouri Department of Revenue, stating that no tax is due in accordance with the requirements of Section 144.083, R.S.Mo. that is dated no longer than ninety (90) days before the date of submission of the application.
4. 
An occupancy statement from the Planning and Zoning Director that the intended location of the business is in conformance with the zoning requirements of the City of Smithville, unless the business is one that in common practice would not necessarily have a business location in the City. In such a case the business must provide the address of its business location on its application and must provide the City with notice of any change of address within a reasonable time after the change.
5. 
A certificate of insurance for Workers' Compensation Insurance Coverage. The applicant shall have the affirmative responsibility to provide the City with additional certificates throughout the term of the license sufficient to show that such coverage is in effect during the entire term of the occupation license. Nothing in this Section shall be construed to create or constitute a liability to or a cause of action against the City in regard to the issuance or non-issuance of any license for failure to provide such certificates.
6. 
If the business is food-service related, a preopening food service establishment inspection report from the Clay County Health Department must be submitted.
7. 
If the business is a plumbing, electrical, or mechanical contractor, the applicant shall also provide a copy of a valid master's license issued by any City that proctors a nationally recognized exam for such purpose, such as Block©, prior to the issuance of such master's license.
8. 
If the business requires any special license issued by the State of Missouri, the applicant shall provide a copy of such license, along with a certification from the issuer that the license is currently valid. If the license expires during the term of the license granted herein, the applicant is required to supplement its initial application with a copy of such license renewal prior to the expiration date of the previous State license.
B. 
It shall be unlawful to provide fraudulent documents or fraudulent information on the application required herein.
[Ord. No. 2674-08 §1, 12-16-2008]
No license shall be issued to any applicant who is in arrears of payment of any debt to the City of Smithville, including, but not limited to, real estate taxes, personal property taxes, special assessments, special tax bills, water usage bills, fines, fees or expenses related to any other approvals from the City, unless a payment plan has been approved by the City of Smithville. It shall not be a defense to the requirements of this provision that any such real estate taxes are owed by the owner of the real estate in which the applicant is merely a tenant. Licenses shall be signed by the City Clerk and Mayor and the Clerk shall affix the corporate Seal of the City thereto.
[Ord. No. 2674-08 §1, 12-16-2008; Ord. No. 2935-15, 10-20-2015]
The City Administrator, or designated representative, shall classify all applicants for licenses and issue the appropriate license. In performing these duties, the City Administrator, or designated representative, may request the applicant provide evidence to support any of the classifications. Any such information provided for this classification shall be considered personal and confidential records and will be returned to the applicant upon completion of any review. Any person aggrieved by the Administrator’s, or designated representative’s, decision may pay such fee under protest and appeal to the Board of Aldermen within thirty (30) days of such payment. The Board shall have the power to order the license canceled, the fee repaid and a new and more appropriate license or licenses issued.
[Ord. No. 2674-08 §1, 12-16-2008]
All licenses issued by the City shall be deemed to be mere personal privileges and shall not be transferable or assignable.
[Ord. No. 2674-08 §1, 12-16-2008; Ord. No. 2904-14 §1, 10-7-2014]
All licenses issued hereunder, and State-issued licenses of any employee required to be maintained for the work performed at the business, shall be posted in a conspicuous place for all members of the public to view. No person shall refuse to exhibit such license(s) to any City Official upon demand.
[Ord. No. 2674-08 §1, 12-16-2008]
A separate license shall be obtained for each place of business conducted, operated, maintained or carried on by every person engaged in any occupation, trade or enterprise for which a license is required under this Chapter. Whenever any applicant for a license under this Chapter is engaged in more than one (1) occupation or business at the same address, such applicant shall make a separate application and pay the required fee for each of such separate businesses, occupations or enterprises conducted on said premises.
[Ord. No. 2674-08 §1, 12-16-2008]
If, by the provisions of any other Code Section a separate license is required for conducting business in the City of Smithville, then no such fee shall be due under this provision.
[Ord. No. 2674-08 §1, 12-16-2008; Ord. No. 2920-15, 4-7-2015; Ord. No. 2941-16 §1, 1-5-2015[1]; Ord. No. 2950-16, 7-5-2016]
A. 
All festival vendors shall be subject to a fee of ten dollars ($10.00) in lieu of the fees required under Section 610.130. Festival vendors shall be required to provide the following information in order to obtain a license:
1. 
The name of the festival organizer or contact person.
2. 
The booth number or location assigned to the operation.
3. 
If a food-service-related operation, a Clay County Health Department approval letter.
B. 
All non-permanent vendors shall be subject to the fees required under Section 610.130 and must provide the information required under Section 610.040, as well as the following additional information:
1. 
Evidence of authorization to operate at the proposed location from the owner of the real estate. Such proof must be signed by the owner.
2. 
Evidence that adequate required utility services, including, but not limited to, water and sewer facilities, are available.
C. 
All fireworks vendors shall obtain a permit for the sale of fireworks as described herein and be subject to a fee of one thousand five hundred dollars ($1,500.00) for such permit.
1. 
Applicants for a fireworks vendor permit shall submit an application in which they agree to the following:
a. 
They shall adhere to the laws of the State of Missouri regulating the sale of fireworks, including, but not limited to, Chapter 320, RSMo., as amended.
b. 
They shall indemnify and hold harmless the City of Smithville in any way for the action or damages resulting from the operation of their fireworks stand or from the sale of their fireworks.
c. 
They shall agree to abide by all other ordinances of the City.
2. 
All applications must be submitted between the days of May 1 and June 6 of the year in which a permit is requested, and such application shall include: the specifications of the firework stand or tent; its location; written approval of the owner of the property upon which the stand will be located; a certificate of liability insurance covering the sale of fireworks for accident or damages caused from the operation of the fireworks stand, with the City of Smithville named as an additional insured on the policy in an amount not less than the municipal sovereign immunity limit imposed by the Statutes of the State of Missouri; and the required fee herein.
3. 
Before any permit is issued herein, the applicant shall pass a background check conducted by the Chief of Police or his or her designee and the location and specifications of firework stand or tent shall be approved, in writing, by the Chief of the Fire District.
4. 
Any fireworks stand permitted as required above shall also meet the following requirements:
a. 
The sale of fireworks shall be limited to the hours of 9:00 A.M. and 10:00 P.M. on the following days: June 20 until July 5, as well as December 20 until January 2 of the year following the year in which the permit was issued, and no other sales outside those dates and times shall be permitted.
b. 
The applicant must prominently post signs that read: "Fireworks For Sale - Keep Open Flames Away - No Smoking Allowed."
5. 
The sale of fireworks not in accordance with the timeframes included in Subsection (C)(4), above, shall result in the immediate revocation of the permit issued herein, as well as may constitute a violation of Section 205.680 of the Code of Ordinances.
[1]
Editor’s Note: Section 1 also changed the title of this Section from "Festival and Non-Permanent Vendors" to "Festival, Non-Permanent and Fireworks Vendors."
[Ord. No. 2674-08 §1, 12-16-2008]
No building permit shall be issued to any contractor who has not obtained a license as required in this Chapter. Contractors may, at their option, purchase a blanket license for a fee of two hundred fifty dollars ($250.00). Such blanket license would authorize the contractor and any subcontractor under him/her to perform work under any building permit issued to the contractor. If any subcontractor will perform any plumbing, electrical or mechanical work under a building permit, such subcontractor must separately provide a copy of a master's license as is required for a contractor performing the same work.
[Ord. No. 2674-08 §1, 12-16-2008]
Every person, firm, corporation, partnership or association engaged in the following listed businesses shall pay the City Collector a license fee based upon gross annual receipts in accordance with the following schedule, to wit:
$0.00 to $100,000.00 annual gross receipts: $50.00.
$100,000.00 to $150,000.00 annual gross receipts: $75.00.
$150,000.00 and over annual gross receipts: $100.00.
Abstracting business
Abstracting agency
Adding machine company
Addressing business
Advertising agency
Advertising company
Auction house
Automobile accessory dealer
Automobile dealer or agency
Automobile rental or leasing company
Automobile repair shop
Automobile washing and oiling concern
Accountant
Adjustor or adjusting company
Ambulance company
Architect, engineer or draftsman
Baker, retail or wholesale
Ball or bowling alley
Bathhouse
Blueprint maker
Bookbinder
Bottling works
Butcher, retail and wholesale
Bakery delivery wagon or truck
Bank or trust company
Barbershop
Beauty parlor
Bicycle repair shop
Blacksmith shop
Bondsman and agent
Building or housecleaning company
Building or house mover, raiser or wrecking company
Business licenses
Business or correspondence school for profit
Cafe
Cigar and tobacco stand
Clothes cleaner
Clothes presser and dyer
Clothes rental concern
Coal dealers, retail and wholesale
Cold storage house or locker plant
Cash register agency
Caterer
Chair rental concern
Collection agency
Contractor
Confectioner
Dairy products dealer
Druggist, retail and wholesale
Dye house
Dance hall or house
Dancing school
Delivery truck or auto
Drummer
Electric battery or changing station
Florist
Flour mill
Foreign coffee and tea dealer and agent
Foundry
Groceries, retail and wholesale
Grain elevator
Hat cleaner
Hay merchant
Hospital, private
Hotel and motel
Hothouse
Ice dealer
Ice plant
Ice plant agency
Ice cream parlor
Ice cream stand
Ice truck or wagon
Insurance broker
Insurance company or agency
Investment company
Job wagon or truck
Junk dealer or auto yard
Land title — Guarantor of
Land title insurance
Laundry
Laundry wagon or truck
Laundry branch or agency
Lumber dealer
Lunch stand or counter
Mail order merchant or house
Manufacturer
Masseur
Merchants, retail and wholesale
Monument dealer or agency
Moving picture show
Machine shop
Manufacture agent
Merchant delivery company
Messenger or delivery service
Milk wagon or truck
Miniature golf course
Newspaper, advertising
Nursery
Oil station, retail or wholesale
Piano and organ dealer or agent
Popcorn stand or peanut stand
Printing business
Produce dealer
Poultry dealer
Publishing business
Patent right dealer
Pawnbroker
Photographer, business or studio
Pool hall and pool tables
Ready to wear clothing agency
Restaurant
Radio or television station, commercial
Real estate loan or rental company
Renovating or repair business
Sand plant
Secondhand business
Soft drink stand or vendor
Safe deposit company
Sale of unclaimed goods
Sales agent or agency
Sewing machine
Shoeshine parlor
Shoe repair shop
Sign hanger
Sign maker
Skating rink, ice or roller
Storage warehouse
Tailor-made clothing agency
Tailors
Theatres
Wholesale house or merchant
Towel supply agency
Trade school
Trailers, business
Tree surgeons and trimmers
Trucker and transfer company
Typewriter agency
Upholsterer
Vacuum cleaner agency or rental business
Vermin exterminator
Waste paper company
Welding business
Well driller
Window cleaning business
Wood dealer
[Ord. No. 2674-08 §1, 12-16-2008]
It shall be unlawful for any person to violate any of the provisions of this Chapter and, upon conviction, be subject to a fine of not more than one hundred dollars ($100.00). Each day that a violation of the provisions of this Chapter occurs shall constitute a separate offense.