City of Plattsburg, MO
Clinton County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

Section 605.005 Definitions.

[Ord. No. 1363 §2, 10-6-1997; Ord. No. 1489 §1, 11-14-2001: Ord. No. 1573 §1, 2-12-2003]
The following definitions shall apply in interpreting and enforcing this Article:
ASPHALT AND/OR ASPHALT SEAL CONTRACTORS
Any person, firm or corporation engaged in the business, occupation, profession or trade of installing asphalt roads, streets, driveways, parking lots or applying sealer to roads, streets, driveways or parking lots. This definition specifically includes those persons, firms or corporations employed as subcontractors or primary contractors.
BUILDER
Any person, firm or corporation desiring to engage in the business, occupation, profession or trade of building any residential or commercial structure, remodeling any residential or commercial structure, or repairing any residential or commercial structure in the City of Plattsburg, except any person, firm or corporation employed as a subcontractor directly by a primary contractor.
DEMOLITION CONTRACTORS
Any person, firm or corporation engaged in the business, occupation, profession or trade of demolition, wrecking, destruction of any structure and the removal of debris to an approved site. This definition specifically includes those persons, firms or corporations employed as subcontractors or primary contractors.
ELECTRICIAN
Any person, firm or corporation desiring to engage in the business, occupation, profession or trade of electrical construction, electrical repair, or of the installing of wiring and apparatus for electric lights, appliances, heating or power in the City of Plattsburg.
EMPLOYER
Any electrician, plumber, builder or primary contractor desiring to engage in business within the City who is an "employer" under the Missouri Workers' Compensation Law, Section 287.030, RSMo.
FRAME CARPENTERS
Any person, firm or corporation engaged in the business, occupation, profession or trade of framing any structure to include floors, walls, ceiling, roof, exterior windows, exterior doors and exterior wall finish. This definition specifically includes those persons, firms or corporations employed as subcontractors or primary contractors.
GRADING CONTRACTOR
Any person, firm or corporation desiring to engage in the business, occupation, profession or trade of grading, excavation, clearing and grubbing, scarifying, removal and/or placement of dirt, earth and aggregate materials for other than agricultural use. This definition shall specifically include those persons, firms or corporations employed as a subcontractor by a primary contractor.
GUTTERING CONTRACTORS
Any person, firm or corporation desiring to engage in the business, occupation, profession or trade of installing gutters, down spouts and any other devices on any residential or commercial structure. This definition shall specifically include those persons, firms or corporations employed as subcontractors or primary contractors.
MECHANICAL/HVAC (HEATING, VENTILATION, AIR-CONDITIONING) CONTRACTORS
Any person, firm or corporation engaged in the business, occupation, profession or trade of installing heating, ventilation or air-conditioning systems in any residential or commercial structure. This definition specifically includes those persons, firms or corporations employed as subcontractors or primary contractors.
PLUMBER
Any person, firm or corporation desiring to engage in the business, occupation, profession or trade of plumbing construction, plumbing repair, or of the installation of plumbing or plumbing fixtures in the City of Plattsburg.
PRIMARY CONTRACTOR
Any person, firm or corporation desiring to engage in the business, occupation, profession or trade of contracting with others for the building, remodeling or repair of any residential or commercial structure within the City, and any person employing or supervising the work of other builders or trades persons in the building, remodeling or repair of any residential or commercial structure within the City, except this Article shall not apply to any person, firm or corporation who owns the residential or commercial structure and/or the real property on which any new residential structure is to be built.
ROOFING CONTRACTORS
Any person, firm or corporation desiring to engage in the business, occupation, profession or trade of removing existing roofing and/or installing new roofing of any material on residential or commercial structure. This definition shall specifically include those persons, firms or corporations employed as subcontractors or primary contractors.
TREE SERVICE CONTRACTORS
Any person, firm or corporation engaged in the business, occupation, profession or trade of cutting, topping, trimming or removing trees. This definition shall specifically include those persons, firms or corporations employed as subcontractor or primary contractor.
WINDOW AND SIDING CONTRACTORS
Any person, firm or corporation engaged in the business, occupation, profession or trade of installing windows and/or siding on any residential or commercial structure. This definition shall specifically include those persons, firms or corporations employed as subcontractors or primary contractors.

Section 605.010 Occupational License Required.

[Ord. No. 1363 §§1, 3, 10-6-1997; Ord. No. 1489 §2, 11-14-2001; Ord. No. 1573 §2, 2-12-2003; Ord. No. 2242 §1, 3-12-2015]
All contractors and tradespeople engaged or performing any of the construction or trades listed in Section 605.005 shall, before doing business in the City of Plattsburg, obtain a license therefor, the fee for which shall be ten dollars ($10.00) per year, which fee shall be paid into the City of Plattsburg before such license shall become effective. Those contractors (other than grading contractors) who also directly provide their own grading services shall not be required to obtain a separate grading license. However, any subcontractor providing grading services shall be required to be in possession of an occupation license in their own name.
All occupation licenses expire and must be renewed on January first (1st) of each calendar year.

Section 605.013 Liability Insurance Required.

[Ord. No. 1363 §4, 10-6-1997; Ord. No. 1489 §3, 11-14-2001; Ord. No. 1573 §2, 2-12-2003; Ord. No. 1881 §1, 9-20-2007]
A. 
Every occupation listed in Section 605.005 above shall, before doing business in the City of Plattsburg, obtain and maintain in full force and effect a policy of liability insurance to indemnify the City and/or any citizen thereof for any damage caused by the failure of such person, firm or corporation to comply with the provisions of this Article and/or of Chapters 500, 505, 510, 515, 520 or 530. Such policy of liability shall have a minimum amount of five hundred thousand dollars ($500,000.00) for any single occurrence and an aggregate amount of one million dollars ($100,000,000.00).
B. 
No occupational license shall be issued until a certificate of insurance containing a description of insurance meeting the requirements set forth above, certified by the company issuing said insurance, has been provided to the City.
C. 
No permit to perform electrical work, plumbing work, grading work or building and/or remodeling and/or repair of any structure shall be issued to any contractor unless such certificate of insurance has been provided to the City and unless such insurance is in full force and effect.

Section 605.015 Workers' Compensation Insurance Required.

[Ord. No. 1363 §5, 10-6-1997; Ord. No. 1573 §2, 2-12-2003]
A. 
Every contractor listed in Section 605.005 above who is an employer shall, before doing business in the City of Plattsburg, comply with all provisions of the State Workers' Compensation laws.
B. 
No occupational license shall be issued to any contractor listed in Section 605.005 above who is an employer until such person, business or corporation has provided the City with proof of compliance with State Workers' Compensation laws and regulations.
C. 
No permit to perform work shall be issued unless proof of compliance with State Workers' Compensation law is provided to the City.

Section 605.017 Qualifications.

[Ord. No. 1363 §6, 10-6-1997]
No license or permit to perform work shall be issued to any electrician or plumber until such person, business or corporation has given satisfactory evidence to the City Building Inspector of his/her/its ability to do such work in a safe and satisfactory manner.

Section 605.020 Enforcement.

[Ord. No. 1363 §§1, 7, 10-6-1997; Ord. No. 1489 §4, 11-14-2001; Ord. No. 1573 §2, 2-12-2003]
Any contractor or tradesperson, listed in Section 605.005 above, who performs work in the City in violation of any provision of this Chapter shall be guilty of an offense and may, at the option of the City, be charged in Municipal Court with the offense of "failure to obtain a construction trades license" and/or "failure to maintain the requirements of a construction trades license".

Section 605.023 Penalty.

[Ord. No. 1363 §8, 10-6-1997]
A. 
Any person convicted of the offense of "failure to obtain a construction trades license" and/or "failure to maintain the requirements for a construction trades license" shall be punished as provided in Section 100.070.
B. 
Each day on which any plumber, electrician, builder or primary contractor violates any provision of this Article shall constitute a separate offense for which said person, business or corporation may be charged and/or arrested, tried, convicted and punished.

Section 605.025 Effective Date.

[Ord. No. 1363 §9, 10-6-1997]
Any plumber, electrician, builder or primary contractor who is in compliance with the provisions of repealed City Ordinances, "Section 605.010: Electrician's License" and/or "Section 605.020: Plumber's License", shall be deemed in compliance with the provisions of this Article until the expiration date of the existing occupational license held by such person, business or corporation. This Article shall be in effect with respect to all other persons, businesses and corporations desiring to engage in the business, occupation, profession or trade of plumber, electrician, builder or primary contractor from and after the date of its passage.

Section 605.030 Electric Companies.

[Ord. No. 1116 §§1-5, 9-14-1976; Ord No. 1197, 6-11-1985; Ord No. 1203, 4-13-1986]
A. 
The word "Person," when used in this Section, shall include any individual, firm, co-partnership, joint partnership, joint adventure, association, corporation, estate, business trust, trustee, receiver, syndicate or any other group or combination acting as a unit, in the plural as well as in the singular number.
B. 
Gross Rceipts Tax.
1. 
Every person now or hereafter engaged in the business of supplying electricity for compensation for any purpose in the City of Plattsburg shall pay to the City of Plattsburg, as a license tax, a sum equal to four and six-tenths percent (4.6%) of the gross revenue derived from such business, exclusive of sales to Municipality and revenue from industrial customers which are billed on the filed industrial rates.
2. 
The gross receipts tax imposed upon electric corporations, including but not limited to Ameren Missouri, pursuant to Section 605.030(B)(1) of the Code of Plattsburg shall be maintained at its existing rate of four and six-tenths percent (4.6%), despite the tariff increase awarded by the PSC to Ameren Missouri effective on January 2, 2013.
[Ord. No. 2144 §1, 2-26-2013]
C. 
It is hereby made the duty of every person engaged in the business described in the foregoing Sections hereof to file with the Clerk of the City of Plattsburg, on or before the 15th day of each month, a sworn statement of the gross receipts of such person from such business for the preceding calendar month or part thereof after September 14, 1976, preceding the filing of such statement. The Clerk of the City of Plattsburg, or deputy or authorized agent, shall be and is hereby authorized to investigate the correctness and accuracy of the said statement required, and for that purpose shall have access, at all reasonable times and business hours, to inspect the books, documents, papers and records of any such person so making such statement, in order to ascertain the accuracy thereof.
D. 
Every person now or hereafter engaged in the business described in Subsection (B) hereof shall pay to the Collector of the City of Plattsburg on or before the fifteenth (15th) day of each month, an amount equal to four and six-tenths percent (4.6%) of said person's gross receipts from the said business herein named for the preceding calendar month, or part thereof.
E. 
The tax herein required to be paid shall be in lieu of any other occupation tax required of any person engaged in the business enumerated in Subsection (B) hereof; but nothing herein contained shall be so construed as to exempt any such person from the payment to the City of Plattsburg of the tax or taxes which the City of Plattsburg levies upon the real or personal property belonging to any such person, nor the tax required of merchants or manufacturers for the sale of anything other than electricity, nor shall the tax herein required exempt any such person from the payment of any other tax which may be lawfully required, other than an occupation tax on the business described in Subsection (B).

Section 605.035 Reaffirming the Gross Receipts Tax on Electric Corporations.

[Ord. No. 2085 §1, 9-8-2011]
The gross receipts tax imposed upon electric corporations, including, but not limited to, Ameren Missouri, pursuant to Section 605.030(B) of the Code of Plattsburg shall be maintained at its existing rate of four and six-tenths percent (4.6%), despite the tariff increase awarded by the PSC to Ameren Missouri effective on July 31, 2011.

Section 605.040 Telephone Companies. [1]

[Ord. No. 1053 §§1-5, 3-9-1971]
A. 
That all persons, corporations or companies engaged in the business of selling and providing telephone service for all and any purposes within the City of Plattsburg, shall pay the sum of five percent (5%) of its gross earnings or receipts from the sale of the aforesaid telephone service furnished in the City of Plattsburg, into the Treasury of the City of Plattsburg and for the use and benefit of said City.
B. 
Those gross receipts or earnings derived from telephone service furnished to the County of Clinton of the State of Missouri are hereby exempt from said taxation.
C. 
Payment of said license tax shall be made on a monthly basis. Said payment shall be made on a date convenient and agreeable to both the City and the said telephone companies, but not later than thirty (30) days after the last day of the particular taxable month.
D. 
For the purposes of ascertaining the gross earnings or receipts upon which said license is based, an accurate account shall be kept by said person, corporation or company and a financial statement or abstract of such account of gross earnings or receipts shall be furnished to the City Clerk of said City twice a year on or before June fifteenth (15th) and December fifteenth (15th) of each year, the truth of which shall be verified by affidavit of the person or proper person of the corporation or company being taxed.
E. 
Definition.
GROSS EARNINGS OR RECEIPTS
In this Section shall mean the total gross sum taken in by the person, corporation or company from its business operation in the City of Plattsburg.
[1]
Editor's Note — Ord. no. 1793 and 1799 were passed in compliance with HB209 of the 2006 Missouri legislative session. Provisions contained in HB209 were subsequently deemed unconstitutional by the Missouri Supreme Court on August 8, 2006 in City of Springfield, Appellant V Sprint Spectrum, L.P., Respondent Case No. SC87238. Consequently, this ordinance was not codified.