[Ord. No. 374 §1, 1-20-2004]
It shall be unlawful and a violation of this Chapter for any
person or entity, either directly or indirectly, to engage in or conduct
any kind of business, trade, occupation, vocation, activity or profession
or to use in connection therewith any vehicle, premises, structure,
machine or device, licensed under this Chapter without first obtaining
a license therefor as prescribed herein and thereafter kept in effect
at all times as required by this Chapter.
[Ord. No. 374 §2, 1-20-2004]
Except as may be otherwise provided in this Chapter, a person
or entity shall be deemed to be engaged in a business, trade, occupation,
vocation, activity or profession within the meaning of this Chapter
when the person or entity engages in selling any goods or service,
soliciting business or offering goods or services for sale or hire,
or using any vehicle, premises or structure within the Village limits
for such business purposes.
[Ord. No. 374 §3, 1-20-2004]
For each business, occupation, trade, vocation, activity or
profession required by this Chapter to be licensed, a separate license
shall be obtained. A person or entity engaged in more than one (1)
business at the same location shall not be required to obtain a separate
license for each business but, when eligible, shall be issued one
(1) license, which shall specify on its face all businesses so licensed.
When any person or entity engages in more than one (1) business, occupation,
trade, vocation, activity or profession at the same location under
one (1) license, the license fee shall be equal to the sum of all
the fees for each business, occupation, trade or profession so licensed.
[Ord. No. 374 §4, 1-20-2004]
The operation of any business, occupation, trade, vocation,
activity or profession that includes sales of merchandise and the
service, maintenance and upkeep of such merchandise and like items
at the same location shall not be considered as more than one (1)
business. The operation of any business, occupation, trade, vocation,
activity or profession consisting primarily of personal services shall
not be considered as more than one (1) business even though said person
or entity operating said business may be engaged in more than one
(1) activity, unless one (1) or more of the said activities includes
or is connected with a mercantile business. No person or entity operating
automobile service stations shall be required to obtain more than
one (1) license for any one (1) automobile service station premises,
provided that the activities engaged in at said premises have a direct
relationship to the care, maintenance and upkeep of motor vehicles.
[Ord. No. 374 §5, 1-20-2004]
The Village License Officer shall make the initial determination
whether any particular business, trade, occupation, vocation, activity
or profession shall be covered within the provisions of this Chapter.
Such determination shall be reasonably made, based upon the generally
accepted concept of each such business and with regard to compliance
with Section 94.270, RSMo. Such determination by the Village License
Officer shall be final and binding on persons affected thereby.
[Ord. No. 374 §6, 1-20-2004]
The local agent or representative of nonresident person(s) or
entity(s) engaged in any business, trade, occupation, vocation, activity
or profession in this Village shall be personally responsible for
compliance with all sections of this Chapter for his or her principal
and for the business, trade, occupation, vocation, activity or profession
he or she represents or on whose behalf he or she acts.
[Ord. No. 374 §7, 1-20-2004]
Except as may otherwise be provided by this Chapter, no license
shall be required of any person or entity for any delivery within
the Village of any property purchased or acquired from a business
operating outside the Village limits where such business exhibits
no intent or indication to evade the provisions of this Chapter.
[Ord. No. 374 §8, 1-20-2004]
Any general or special license fees for any kind of vehicle
for the privilege of operating such vehicle upon the public highways
shall be in addition to any other licenses, permits, insignias or
fees for such vehicles otherwise required by Federal, State or local
law.
[Ord. No. 374 §9, 1-20-2004]
Businesses, trades, professions, occupations, vocations or activities,
including but not limited to the following shall not be operated,
practiced, engaged in or otherwise conducted in the Village unless
and until the owner, operator, manager, proprietor or practitioner
thereof shall have applied for and obtained a license to operate,
practice, engage in or otherwise conduct same from the Village License
Officer and shall have paid to the Village the license tax hereinafter
set forth, such license and tax thereafter to be issued and paid on
an annual basis as set forth in this Chapter, except where otherwise
herein specifically provided:
[Ord. No. 374 §10, 1-20-2004]
The Village Collector shall be the Village License Officer and
shall issue in the name of the Village all licenses and permits required
by this Chapter to all qualifying applicants therefor when any and
all required taxes and fees have been paid in full in accordance with
the provisions of this Chapter.
[Ord. No. 374 §11, 1-20-2004]
The amount of the tax under this Chapter shall be twenty-five dollars ($25.00) per year, payable in advance, and shall accompany the application for license. The amount of tax for partial or fractional parts of a year shall be determined as set forth in Section 605.120 of this Chapter.
[Ord. No. 374 §12, 1-20-2004]
All licenses issued under and by virtue of this Chapter shall
be for a period of one (1) year; provided, however, that at the option
of the applicant the same may be issued for a period of six (6) months,
or a fraction thereof, to expire on the next succeeding first day
of July or first day of January as the case may be. No license shall
be for periods expiring other than on the aforementioned dates and
when the same are for a period in excess of six (6) months, the fee
shall be equivalent to that for a full year. Where the period is six
(6) months or less, one-half (1/2) of the fee applicable to a full
year shall be paid.
[Ord. No. 374 §13, 1-20-2004]
A.
The Village License Officer shall adopt and promulgate such rules
and regulations as he or she may deem necessary for the administration
of this Chapter; provided, however, that such rules and regulations
shall be approved by the Chairman. When approved by the Chairman,
such rules and regulations shall be placed on file in the office of
the Village License Officer for inspection and use by the public,
and the provisions thereof shall be enforced by the Village License
Officer.
B.
The Village License Officer shall investigate and determine the eligibility
of any applicant for a license or a renewal.
[Ord. No. 374 §14, 1-20-2004]
No license required under the provisions of this Chapter shall
be issued by the Village License Officer to any person or entity until
such person or entity produces a copy of a certificate of insurance
for workers' compensation coverage if the applicant for the license
is required to cover his or her liability under Chapter 287, RSMo.
If the applicant is excepted from application of Chapter 287, RSMo.,
the applicant must attest as to such status on a form supplied by
the Village License Officer. It is further made a violation of this
Chapter to provide fraudulent information concerning same to the Village
License Officer.
[Ord. No. 374 §15, 1-20-2004]
Taxes and fees required by this Chapter to be paid by any person
or entity shall be payable to the Village Collector, who shall issue
a proper receipt to any such person or entity making such payment.
[Ord. No. 374 §16, 1-20-2004]
Every person and/or entity required by virtue of this Chapter
to have a license shall submit an application to the Village License
Officer by a written statement upon forms provided by the Village
License Officer, which shall disclose all information, including,
but not limited to, evidence as to Workers' Compensation Insurance
coverage, which the Village License Officer shall find to be reasonably
necessary to the fair administration of this Chapter, and which shall
be accompanied by a receipt from the Village Collector for the full
amount of the fees chargeable for such license, which receipt shall
not be construed as approval for the issuance of a license, nor shall
it entitle or authorize the applicant to open or maintain any business
contrary to this Chapter.
[Ord. No. 374 §17, 1-20-2004]
Any applicant for the renewal of a license under this Chapter
shall submit an application therefor to the Village License Officer
upon forms provided by such Officer, which shall include such information
as the Village License Officer shall deem to be reasonably necessary
to the administration of this Chapter and also shall include such
information as to the conduct and operation of applicant's business
during the preceding licensing period.
[Ord. No. 374 §18, 1-20-2004]
Upon disapproving any application under this Chapter, the Village
License Officer shall direct the Village Collector to refund all money
paid in advance by or on behalf of the applicant; provided, however,
that the applicant is not otherwise indebted to the Village. When
the issuance of a license under this Chapter is denied and any action
or proceeding is pursued by the applicant to compel its issuance,
such applicant and/or applicant's agent or representative shall not
engage in the business for which the license was refused.
[Ord. No. 374 §19, 1-20-2004]
The Village License Officer and all other Village officers and
officials who may be concerned with administering and enforcing this
Chapter shall keep all information furnished or secured under the
authority of this Chapter in strict confidence. Such information shall
not be subject to public inspection, and shall be kept so the contents
thereof shall not become known, except to the persons charged with
the administration of this Chapter, provided that this section shall
not prohibit any Village officer from testifying as to such information
in compliance with a subpoena issued from a court of competent jurisdiction
or from the Board of Trustees in any proceeding before it.
[Ord. No. 374 §20, 1-20-2004]
Each business, trade, occupation, profession, activity or vocation
shall refrain from operating such business after expiration of its
license and during any period said license is revoked or suspended,
and it shall be a violation of this Chapter to continue operation
after the expiration or revocation of said license.
[Ord. No. 374 §21, 1-20-2004]
Every licensee under this Chapter shall post and maintain the
license issued hereunder upon the premises of such business, trade,
occupation, activity or vocation in a place where it may be seen at
all times. Every licensee under this Chapter who does not have a business
premises shall carry said license on his or her person and shall display
it to Village officers having authority to enforce this Chapter and
to persons with whom he or she transacts business upon request.
[Ord. No. 374 §22, 1-20-2004]
A.
Any canvasser, solicitor or other person who may be exempt from the
application of license taxes or fees imposed by this Chapter by reason
of engaging in interstate commerce shall, before engaging in any such
canvassing or solicitation within this Village, register with the
Village License Officer on a form provided by such Officer. Each registrant
under this section shall on such form provide the Village License
Officer with:
1.
Name.
2.
Permanent home address and full local address.
3.
Description of the nature of the business and goods to be sold,
whether or not money is to be collected by the registrant prior to
delivery or shipment of the goods sold.
4.
The name and address of his or her employer, together with credentials
establishing the exact relationship.
5.
The length of time for which the registrant proposes to do business
within the Village.
6.
A photograph of the registrant taken within six (6) months prior
to the date of the filing of the registration form, which picture
shall show the head and shoulders of the registrant in a clear and
distinguishing manner.
7.
A statement by the registrant whether he or she has been convicted
of any crime, misdemeanor or violation of any municipal law or ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
8.
If requested, the fingerprints of the registrant, who will certify
as to his or her good character and responsibility or, in lieu thereof,
such other available evidence as to the registrant's good character
and business responsibility as will enable an investigation and proper
evaluation of such character and business responsibility.
9.
A statement by the registrant that he or she is free of any
contagious, infectious or communicable diseases.
B.
Each registrant hereunder shall pay at the time of registration the
sum of ten dollars ($10.00) to cover the costs of the registration
and the investigation of the facts stated in the registration form.
The Village License Officer shall refer such registration to the Chief
of Police. The Village License Officer shall issue to the registrant
a registration certificate, which the registrant shall keep on his
or her person at all times and on demand display to any officer of
the Village and citizen who so requests. Any registration certificate
hereunder may be revoked by the Village License Officer for fraud
or misrepresentation or false statements.
[Ord. No. 374 §23, 1-20-2004]
For purposes of enforcing this Chapter, the Village License
Officer and the Village Police shall have authority to inspect and
examine any business, trade, occupation, vocation, activity or profession.
Such persons authorized to inspect or to enforce compliance under
this Chapter, shall have the authority to enter, with or without a
search warrant, any business, trade, occupation, vocation, activity
or profession on the premises, at all reasonable times.
[Ord. No. 374 §24, 1-20-2004]
Any person or entity who shall fail to comply with any provision
of this Chapter or shall violate the same shall be deemed guilty of
a misdemeanor and, upon conviction thereof, shall be subject to a
fine of not less than twenty-five dollars ($25.00) and not more than
five hundred dollars ($500.00) for each separate offense, and a separate
offense shall be deemed committed on each day during or on which such
failure to comply or violation is permitted to exist. In addition
thereto, the Village shall have the right to pursue any legal action
to its full extent as allowed under law for the collection and enforcement
of the terms of this Chapter.
[Ord. No. 374 §25, 1-20-2004]
No license issued hereunder shall be assigned or transferred
to any other person or entity.
[Ord. No. 374 §26, 1-20-2004]
Nothing in this Chapter shall be construed to create or constitute
a liability to or a cause of action against the Village in regard
to the issuance or non-issuance of any license for failure to provide
evidence of Workers' Compensation Insurance coverage.
