[Ord. No. 1363 §2, 10-6-1997; Ord. No. 1489 §1, 11-14-2001: Ord. No. 1573 §1, 2-12-2003; Ord. No. 2466, 2-13-2023]
The following definitions shall apply in interpreting and enforcing
this Article:
Any person, firm, or corporation desiring to engage in the
business, occupation, profession, or trade of repairing, rewiring,
refurbishing, or replacing parts for major household appliances operated
off of electricity or any combustible gas, including, but not limited
to, refrigerators, freezers, washers, dryers, dishwashers, and water
heaters.
Any person, firm, or corporation desiring to engage in the
business, occupation, profession, or trade of installing, repairing,
and maintaining asphalt and/or blacktop roads, streets, driveways,
parking lots, walking trails, or applying sealer to the same.
Any person, firm, or corporation desiring to engage in the
business, occupation, profession, or trade of building any structure
in the City of Plattsburg. A builder, as defined in this Chapter,
shall either be directly contracted by the property owner or developer,
or shall be constructing the structure with the intent of selling
the same upon completion.
Any person, firm, or corporation desiring to engage in the
business, occupation, profession, or trade of installing, repairing,
or maintaining structures, structural components, foundations, stairs,
pads, supports, pilings, swimming pools, artificial ponds, streets,
sidewalks, driveways, parking lots, walking trails, sporting courts,
and other things using concrete or a similar substance.
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.
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.
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.
Any person, firm, or corporation engaged in the business,
occupation, profession, or trade of intricate and/or ornamental carpentry
work which falls outside of the definition of frame carpentry (below).
Examples of finish carpentry work include, but are not limited to,
cabinetry, trim-work, railings, ornamental moldings, carvings, built-in
furniture, and craftsman finishes.
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.
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 tradespersons 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.
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.
Any person, firm, or corporation desiring to engage in the
business, occupation, profession, or trade of installing gutters,
downspouts, and any other stormwater control devices on any structure.
Any person, firm, or corporation desiring to engage in the
business, occupation, profession, or trade of painting, staining,
sealing, power washing, or sandblasting structures (both residential
and non-residential) as well as decks, fences, outbuildings, driveways,
sidewalks, and structural components. This shall specifically exclude
persons, firms, or corporations engaged in painting, power-washing,
and/or sandblasting exclusively automobiles, vehicles, and equipment.
Any person, firm, or corporation desiring to engage in the
business, occupation, profession, or trade of building, renovating,
improving, or maintaining fences, walls, structures, and structural
components, using primarily, bricks, mortar, and/or stone.
Any person, firm, or corporation desiring to engage in the
business, occupation, profession, or trade of installing, maintaining,
or repairing heating, ventilation, air-conditioning, air handling,
elevator, or escalator systems in any structure.
Any person, firm, or corporation desiring to engage in the
business, occupation, profession, or trade of construction, installation,
maintenance, and/or repair of indoor piping systems other than those
used for domestic water, wastewater, natural gas, propane, or fire
suppression systems.
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, plumbing fixtures,
natural gas/propane plumbing, and/or natural gas/propane fixtures.
Any person, firm, or corporation desiring to engage in the
business, occupation, profession, or trade of remodeling or performing
a major renovation of any structure or portion thereof. This shall
specifically include persons, firms, and/or corporations desiring
to engage exclusively in remodeling, including those which specialize
in, such as bathroom remodelers or kitchen remodelers.
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 structures.
Any person, firm, or corporation desiring to engage in the
business, occupation, profession, or trade of construction, installation,
maintenance, and/or repair of fire sprinkler systems and related fixtures.
Any person, firm, or corporation practicing a trade as defined
under this Section while employed by, contracted with, and/or working
under the general superintending control of a general contractor and/or
primary contractor. For the purposes of this Chapter, any tradesperson
or contractor can be defined as a subcontractor if they meet the above
parameters, except that "builders" shall not be co-defined as subcontractors.
Any person, firm, or corporation engaged in the business,
occupation, profession, or trade of cutting, topping, trimming, pruning,
or removing trees.
Any person, firm, or corporation engaged in the business,
occupation, profession, or trade of installing windows, siding, doors,
and/or garage doors on any structure.
[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; Ord. No. 2466, 2-13-2023]
A.
All contractors and/or tradespeople, including persons, firms, and corporations, engaged in 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 fifteen dollars ($15.00) 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.
B.
Any contractor and/or tradesperson, including persons, firms, and corporations, desiring to engage in more than one of the trades listed in Section 605.005, may apply for a license to engage in more than one (1) type of construction or trade, provided that the applicant meets all other requirements and qualifications to be a licensed practitioner of each type of construction or trade for which they apply. Applicants for licensure in more than one (1) different type of construction or trade shall not be required to pay additional licensure fees beyond the fifteen dollars ($15.00) annual fee as specified in Subsection (A) of this Section, provided that the applicant submits for all trade licenses requested at the same time.
C.
Applicants requesting to add additional trades to an existing trade
license after the initial license has already been reviewed shall
be required to submit an additional fee of ten dollars ($10.00) for
each application to add trades on their license, regardless of the
number of trades which are requested on each application.
D.
All occupation licenses expire and must be renewed on January 1 of
each calendar year.
[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 any construction, repair, or building trades work
of or upon 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.
[Ord. No. 2466, 2-13-2023]
[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.
[Ord. No. 2466, 2-13-2023]
Every contractor listed in Section 605.005 above who is an employer shall, before doing business in the City of Plattsburg, shall certify that neither the contractor nor any of his/her/its employees, agents, assigns, or subcontractors are an alien unlawfully present in the United States.
[Ord. No. 1363 §6, 10-6-1997; Ord.
No. 2466, 2-13-2023]
A.
No license or permit to perform work shall be issued to any person, firm, or corporation desiring to engage in work as defined in Subsection (B) of this Section until such person, firm, or corporation has given sufficient evidence to the City Building Inspector of his/her/its ability to do such work in a safe and satisfactory manner.
B.
The trades, professions, contractors, and types of work for which
the City Building Inspector shall be provided with evidence of ability
to work in a safe and satisfactory manner are as follows:
1.
Electricians.
2.
Excavators.
3.
Mechanical/HVAC contractors.
4.
Pipefitters.
5.
Plumbers (including natural gas/propane plumbers).
6.
Roofers.
7.
Sprinkler fitters.
8.
Any builder, primary contractor, general contractor, subcontractor,
or remodeler who desires to perform, attempts to perform, or performs
any of the work associated with the professions listed above.
C.
The City Building Inspector shall determine the appropriate level
of certification, educational, verifiable work experience, or combination
thereof to ascertain if an applicant has provided sufficient evidence
of his/her/its ability to do such work in a safe and satisfactory
manner. Any determinations made or rules promulgated by the City Building
Inspector in regards to application qualifications shall be applied
and enforced fairly and consistently.
[Ord. No. 2466, 2-13-2023]
A.
Every contractor listed in Section 605.005 who fails to maintain their licensure requirement by failing to maintain required insurance coverage, knowingly employing one (1) or more illegal alien(s), or allowing a certification to lapse if said certification was used to satisfy the qualification requirements listed in Section 605.017, shall immediately cease doing business as a contractor within the City of Plattsburg and shall notify the City Building Inspector within ten (10) business days, at which time their license shall be revoked.
[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".
[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.
[1]
Editor's Note: Former Section 605.025, Effective Date, was
repealed 2-13-2023 by Ord. No. 2466. Prior history includes Ord. No.
1363.
[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).
[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.
[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.
GROSS EARNINGS OR RECEIPTS
Definition.
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.
