[R.O. 1992 § 605.010; CC 1984 § 54.010; Ord. No. 1937-03 § 1, 3-18-2003]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
- AUTO REPAIR SHOP
- Any garage, public or private, or shop building where automobile repair work is solicited or performed for others for a valuable consideration or where non-operative cars are parked or stored for whatever purpose.
- BUILDING CONTRACTOR
- A person who limits his/her contracting to repairing and general carpentry work, and excluding the categories of brick laying, concrete finishing, excavating, electrical work, painting, plastering, plumbing and roofing.
- BUTCHER
- A butcher is defined to mean anyone who cuts meat, but does not slaughter at his/her own place of business for his/her own use any animal larger than a chicken, and who cuts such meat for sale at wholesale or retail.
- CONTRACTOR
- A person who, in pursuit of an independent business undertakes to perform a job or piece of work, retaining in himself/herself control of means, method and matter of accomplishing the desired result.
- GENERAL CONTRACTOR
- A person who shall perform more than one of the categories of building, laying brick, finishing concrete, excavating, performing electrical work, painting, plastering or roofing. A purchase of a general contractor's license shall entitle that person to do any and all forms of contracting within the confines of the City.
- INSURANCE AGENT
- A person who writes insurance business in only one (1) insurance company.
- INSURANCE BROKER
- A person who writes general insurance business in two (2) or more insurance companies.
- INSURANCE COMPANY
- A person who engages in the business of writing contracts for a stated consideration agreeing to indemnify another person against loss, damage or liability arising from an unknown contingent event.
- MERCHANT
- A person, firm, or corporation, who as a business for valuable consideration buys, sells or otherwise deals in goods, wares and merchandise, and/or furnishes services of all types and kinds, including all types and kinds as listed herein.
- NON-PERMANENT STRUCTURE
- All businesses operating outdoors by means of motor vehicle, tent, awning, table, trailer or other similar means (including outside without a structure).
- PERSON
- The word person, as used herein, shall include any individual, firm or corporation or partnership and other unincorporated associations.
[R.O. 1992 § 605.020; CC 1984 § 54.020]
In construing the provisions of this Chapter, any non-defined
terms shall be given meanings generally ascribed to such terms.
[R.O. 1992 § 605.030; Ord. No.
885-82 § 2, 9-7-1982; CC 1984 § 54.030; Ord. No. 2284-08 § 1, 11-18-2008; Ord. No. 2728-19, 2-19-2019]
A.
Every person, firm or corporation who shall maintain, operate or conduct any of the businesses, trades, vocations, avocations or places of amusement or exercise the privileges specified in this Chapter shall obtain a license to do so and pay the license fee or tax prescribed in Section 605.130. All license taxes shall be due and payable on June first (1st) of each year and shall be delinquent after June thirtieth (30th) of each year. Every individual, partnership or corporation doing business in the City of Camdenton upon application for a merchant's license must show proof that they have registered with the State of Missouri and the Department of Revenue of the State of Missouri and have obtained a sales tax number. Failure to furnish such proof will result in the refusal to issue a City merchant's license.
B.
Per Section 71.620, RSMo., the following livelihoods are exempt from
fees but must still apply for and meet all requirements of a business
license within the City of Camdenton:
|
Churches or places of worship
|
|
Lawyers
|
|
Certified Public Accountants
|
|
Dentists
|
|
Chiropractors
|
|
Optometrist
|
|
Chiropodist
|
|
Physicians/Surgeons
|
C.
Per Section 71.620, RSMo., the following livelihood are exempt from
licensing and fees unless a physical office is maintained within the
City of Camdenton:
|
Insurance Agent or Broker
|
|
Veterinarian
|
|
Architect
|
|
Professional Engineer
|
|
Land Surveyor
|
|
Auctioneer
|
|
Real Estate Broker or Salesman
|
D.
Beginning January 1, 2009, as required by Section 144.083.4, RSMo.,
the possession of a statement from the Missouri Department of Revenue
stating no tax is due under Sections 143.191 to 143.265, RSMo., or
Sections 144.010 to 144.510, RSMo., shall also be a prerequisite to
the issuance or renewal of a City merchant's license required
for conducting any business within the City of Camdenton where goods
are sold at retail. The statement of no tax due shall be dated no
longer than ninety (90) days before the date of submission for application
or renewal of the license.
[R.O. 1992 § 605.035; Ord. No.
1936-03 § 1, 3-18-2003; Ord. No. 2458-13 § 1, 2-19-2013]
In addition to the annual business license renewal fee, any license fee due and unpaid thirty (30) days after it becomes due and payable as set out in Section 605.030 shall be subject to a penalty in the amount of five percent (5%) of the amount due on the license with an additional five percent (5%) for each additional month or fraction thereof during which such failure continues, not exceeding twenty-five percent (25%) in the aggregate and shall be subject to application and inspection of the business as if it were a new application.
[R.O. 1992 § 605.040; CC 1984 § 54.040]
Nothing contained in this Chapter shall in anywise be deemed
to apply to any carnival or circus, so far as the payment of a license
fee is required, if the same shall be operated by or under the auspices
of, or sponsored by any non-profit association or corporation maintaining
its principal place of business in the City. The burden of proving
such operation shall be upon the person claiming an exemption under
this Section.
[R.O. 1992 § 605.042; Ord. No.
1484-93 § 1, 4-13-1993; Ord. No. 1937-03 § 1, 3-18-2003; Ord. No. 2112-06 § 1, 4-18-2006]
A.
Businesses which operate from non-permanent structures or without a structure in the City of Camdenton shall comply with the following provisions. This Section shall apply to those desiring to operate within commercial or industrial zones only. Businesses or salespersons who sell to residents at their residential location shall comply with Chapter 608 of this Code.
1.
Non-Permanent Structure In A Set Location.
a.
A "set location" shall mean if a business is set up, open and/or
advertised for business and generally inviting the public at large
to transact business at the location of the non-permanent structure.
This shall include businesses operating for more than one (1) hour
length of time in a set location.
b.
Non-permanent structures operating from a set location shall
only be allowed to operate in "C-2" or "I-1" zoning districts.
c.
All such businesses shall operate only during daylight hours.
All goods for sale must be secured each evening with a locking device
and not merely covered. The business license issued by the City of
Camdenton shall be clearly displayed at the set location at all times.
d.
In no event shall any business operating from a non-permanent
structure invite or allow customers into such structure.
e.
All businesses operating from non-permanent structures in a
set location shall not be permitted to operate in a public right-of-way,
public parking areas or in areas owned by the City of Camdenton or
State of Missouri.
f.
All businesses operating from a non-permanent structure in a
set location must have a signed written lease or signed written permission
from the owner of the property upon which they are setting up. Such
lease or permission must be presented to the City in order to obtain
a business license under this Section.
g.
Such businesses shall not have signage larger than one (1) non-electric
sign detached from the structure of not more than twenty (20) square
feet.
h.
Such businesses shall not have generators or other devices which
cause noise that can be heard from adjacent property locations.
i.
The applicant shall deposit with the City Clerk a bond in the
amount of one hundred dollars ($100.00) (cash or surety) to secure
collection and payment to the Missouri Department of Revenue all sales
tax due and payable by reason of sales made within this City. Said
bond shall be forfeited to the City if the applicant does not, within
ninety (90) days of the expiration or surrender of his/her license,
demonstrate by affidavit or otherwise that sales tax has been paid
for sales made in the City of Camdenton.
j.
The license fee for such a license shall be five hundred dollars
($500.00) per six-month time period.
k.
Vendors operating during City approved festivals shall be exempt
from these requirements. Vendors operating as part of the Farmer's
Market shall be exempt from this Section provided they operate only
between the hours of 6:00 A.M. and 1:00 P.M. on Saturdays only in
the square quadrant adjacent to the courthouse.
2.
Mobile Non-Permanent Structures Or Without A Structure. Persons
operating a business from a mobile non-permanent structure or without
a structure (salespersons) shall comply with the following provisions
when operating in all commercial and industrial districts in the City:
a.
When selling non-food items, such persons shall pay a license
fee of five hundred dollars ($500.00) for each six-month period. The
applicant shall deposit with the City Clerk a bond in the amount of
one hundred dollars ($100.00) (cash or surety) to secure collection
and payment to the Missouri Department of Revenue all sales tax due
and payable by reason of sales made within this City. Said bond shall
be forfeited to the City if the applicant does not, within ninety
(90) days of the expiration or surrender of his/her license, demonstrate
by affidavit or otherwise that sales tax has been paid for sales made
within the City of Camdenton.
b.
When selling only food items, such persons shall pay a fee of
one hundred dollars ($100.00) per year. Such businesses may also deliver
food items to residences within the City with a license under this
Section only when specifically requested to make such deliveries (pizza
delivery, etc.).
c.
Businesses operating under Subsection (A)(2)(b), above, must keep their business license issued by the City of Camdenton available and present it upon request of any customer, City Official or Law Enforcement Officer.
d.
Businesses licensed under this Section shall not operate in residential districts without complying with Chapter 608 of this Code. Businesses desiring to operate a mobile non-permanent structure in both residential and commercial districts shall comply with Chapter 608 of this Code and shall be exempt from this Section.
e.
In no event shall any business operating from a non-permanent
structure invite or allow customers into such structure.
f.
The following types of businesses shall be exempt from the provisions
of this Section:
(1)
Delivery persons delivering goods which have been
purchased or ordered previously.
(2)
Deliveries of food or non-food items being made
to businesses for resale or for business use.
g.
Ice cream trucks which operate within the City may be licensed pursuant to Subsection (A)(2)(b) of this Section and may operate both in commercial and residential zoning districts so long as they do not contact residents individually at their residences (they must generally announce their presence in a neighborhood with a bell or other device and not knock on doors or ring doorbells individually to announce their presence or sell items). Ice cream trucks may operate only during the hours from 10:00 A.M. to 8:00 P.M.
h.
A commercial business located in the City may post signs requesting
"no solicitors" or "no peddlers." In such case, a business operating
from a mobile non-permanent structure shall not call on such businesses
or persons inside such businesses without a prior specific invitation.
3.
Violations. Any violation shall be punishable by a fine of not
more than five hundred dollars ($500.00) or imprisonment of not more
than ninety (90) days. Each day may be considered a violation of this
Section.
[R.O. 1992 § 605.050; Ord. No.
1257-89 § 1, 8-15-1989; Ord. No. 1500-93 § 1, 7-20-1993; Ord. No. 1657-97 § 1, 4-15-1997; Ord. No. 2728-19, 2-19-2019]
A.
No license shall be issued to any firm, person or corporation which
shall be in arrears of payment of any debt to the City unless an acceptable
payment plan has been approved by the City.
B.
Any person, firm or corporation who is required to pay sales tax
to the City of Camdenton, Missouri, must show proof to the City Clerk
that all sales tax due to the State of Missouri and the City of Camdenton,
Missouri, have been paid to the date of the application prior to being
issued a City business license.
C.
Any person, firm or corporation failing to provide proof of payment
of such sales tax shall not be issued a City business license until
such time as said State and City sales taxes and penalties and interest
thereon are fully paid and the Department of Revenue for the State
of Missouri certifies that same are fully paid.
D.
No license shall be issued to any firm, person or corporation which
will occupy or transact business on any property or in any structure
when the property or structure is assessed a fee, charge or tax by
the City and the lessor or owner of such property or structure is
in arrears of payment of those fees, charges, taxes or any other debt
to the City unless an acceptable payment plan has been approved by
the City.
E.
Evidence Of Worker's Compensation Insurance Prior To License
Insurance. No license required under the provisions of this Section
shall be issued by the City Clerk to any person until such person
produces a copy of a Certificate of Insurance for Worker's Compensation
coverage if the applicant for the license is required to cover his
liability under Chapter 287, RSMo. It is further made a violation
of this Section to provide fraudulent information to the department.
F.
Inspections. Any business operating within the City, with the exception
of home-based businesses covered by Section 400.011 of the Code, will
be subject to inspection to determine conformance with the Building
and Fire Codes of the City on an initial and ongoing basis as a condition
of the issuance and renewal of business licenses.
Prior to the initial granting of a business license, the business
premises shall be inspected to insure the buildings and premises conform
to the Building and Fire Codes of the City. If violations are found,
a written notice will be provided by the Code and Fire Official. The
initial business license will not be issued until violations are corrected.
For business license renewal inspections or other inspections,
any violations must be remedied within thirty (30) days, unless a
written extension is granted. In the event of immediate dangers to
health or safety, the business license may be immediately suspended
or revoked by the City Clerk until the danger is corrected.
In addition to any other penalty which may be provided, the
City Clerk, may revoke, suspend or withhold the business license of
any licensee who refuses to allow inspections or fails to remedy violations.
[R.O. 1992 § 605.060; CC 1984 § 54.060]
The City Clerk shall classify all applicants for licenses, putting
them in appropriate classes, and issue appropriate licenses to them.
Any person feeling aggrieved by his/her decision, may pay his/her
fee under protest and appeal within thirty (30) days to the Board
of Aldermen, which shall have power to order the license canceled,
the fee repaid and a new and more appropriate license or licenses
issued.
[R.O. 1992 § 605.070; CC 1984 § 54.070]
All licenses required by the City, unless otherwise specified
in this Chapter shall be issued by the City Clerk, subject to the
approval of the Board of Aldermen. The Board of Aldermen shall have
the right to revoke or disapprove any license issued by the City Clerk
in a month previous to the regular meeting of any Board of Aldermen.
It shall be the duty of the City Clerk to issue a license in conformity
with the requirement contained in this Chapter and upon payment of
the proper license taxes required.
[R.O. 1992 § 605.080; CC 1984 § 54.080]
The regular license period for the City is from June 1 through
May 31 of the following year, and when any person shall apply for
a license from the City and the period for which the business shall
be operated shall be less than twelve (12) months, the license tax
shall be as follows: If such license shall run more than one (1) month
and less than six (6) months, then the license tax charged shall be
one-half (1/2) the license tax 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 tax charged shall be three-fourths (3/4)
of the license tax charged for the full twelve (12) months. If such
period be for more than nine (9) months then the license tax shall
be the same as for twelve (12) months.
[R.O. 1992 § 605.090; CC 1984 § 54.090]
All licenses issued by the City shall be deemed to be mere personal
privileges and shall not be transferable or assignable.
[R.O. 1992 § 605.100; CC 1984 § 54.100]
No person operating under a City license shall refuse to exhibit
his/her license to any City Official or his/her Deputy upon demand.
All licenses so issued shall be posted in the place of business in
a conspicuous place for all members of the public to view.
[R.O. 1992 § 605.110; CC 1984 § 54.110]
All licenses are revocable at any time by the Board of Aldermen
upon satisfactory proof that the licensee has violated this Chapter
or any other ordinances relating to the business or acts done under
the license, or that the licensee has been misrepresenting his/her
goods or service sold or offered for sale in the City, has been practicing
fraud upon the public or has been selling for food for human beings
or animals any unwholesome or unfit substances, or has been conducting
a business not covered by his/her license, or has been conducting
any immoral or disorderly place or business, or has been conducting
any place or business dangerous to public health or safety or detrimental
to public morals. If any license issued pursuant to this Chapter is
terminated by revocation, death of the licensee or other cause, all
fees or taxes paid the City shall be forfeited to the use of the City.
No person whose license has been revoked by the Board of Aldermen
shall thereafter be entitled to engage in the business or do the acts
for which the license was issued in the City, unless the Board of
Aldermen, for a good cause shown, shall remove such disqualifications.
Any person engaged in any business, conducting any place or doing
any act for which a license is or may hereafter be required in the
City, who shall be convicted of violating this Chapter or any other
ordinance relating to his/her business shall, without action by the
Board of Aldermen, have his/her license revoked.
[R.O. 1992 § 605.120; CC 1984 § 54.120]
The City Clerk shall keep an accurate record of all licenses
issued, showing the nature of the business, the name and address of
the licensee and any other information he/she deems proper.
[R.O. 1992 § 605.130; Ord. No.
880-82 § 1, 5-18-1982; CC 1984 § 54.130]
A.
Every person who shall deal in or act in any of the businesses or
occupations or own, operate or deal in any of the things mentioned
in this Chapter shall first obtain licenses from the City Clerk and
pay the following schedule of taxes therefor, for the use of the City.
Such taxes are as follows:
|
Business or Occupation
|
License Fee
| |
|---|---|---|
|
Agents
|
$15.00 per year
| |
|
Agents for insurance companies or insurance brokers
|
$15.00 per year
| |
|
Agents for loan companies or small loan companies
|
$25.00 per year
| |
|
Agents for manufacturers
|
$15.00 per year
| |
|
Agents for nursery stock
|
$15.00 per year
| |
|
Agents for real estate, agent, broker or agencies
|
$15.00 per year
| |
|
Agents for sewing machine or vacuum cleaners
|
$15.00 per year
| |
|
Art stores
|
$15.00 per year
| |
|
Artists
|
$15.00 per year
| |
|
Auctioneers
|
$15.00 per year
| |
|
Auto dealers, new or used
|
$15.00 per year
| |
|
Auto salvage yards
|
$15.00 per year
| |
|
Auto wrecking shops
|
$15.00 per year
| |
|
Automobile parts houses, wholesale or retail
|
$15.00 per year
| |
|
Bait retailing
|
$15.00 per year
| |
|
Bakeries
|
$15.00 per year
| |
|
Banks
|
$50.00 per year
| |
|
Beauty shops
|
$15.00 per year
| |
|
Billiard tables
|
$15.00 per year
| |
|
Billposters, including outdoor advertising companies
|
$15.00 per year
| |
|
Body shops
|
$15.00 per year
| |
|
Books and stationery
|
$15.00 per year
| |
|
Bottled gas (retail)
|
$15.00 per year
| |
|
Bowling alleys
|
$15.00 per year
| |
|
Brokers
|
$15.00 per year
| |
|
Building or savings and loan associations
|
$50.00 per year
| |
|
Butchers
|
$15.00 per year
| |
|
Cabinet shops
|
$15.00 per year
| |
|
Carnivals
|
See Section 610.020
| |
|
Circuses
|
See Section 610.020
| |
|
Cleaning, pressing and dyeing shops
|
$15.00 per year
| |
|
Clothing stores
|
$15.00 per year
| |
|
Cobblers and shoe repair shops
|
$15.00 per year
| |
|
Collection agencies or individuals
|
$15.00 per year
| |
|
Commission merchants
|
$15.00 per year
| |
|
Concerts
|
$15.00 per year
| |
|
Concrete ready mix plants
|
$15.00 per year
| |
|
Confectioners
|
$15.00 per year
| |
|
Contractors:
| ||
|
General contractors
|
$15.00 per year
| |
|
Brick contractors
|
$15.00 per year
| |
|
Building contractors
|
$15.00 per year
| |
|
Concrete contractors
|
$15.00 per year
| |
|
Electrical contractors
|
$15.00 per year
| |
|
Excavating and grading contractors
|
$15.00 per year
| |
|
Painting contractors
|
$15.00 per year
| |
|
Plastering contractors
|
$15.00 per year
| |
|
Plumbing contractors
|
$15.00 per year
| |
|
Roofing contractors
|
$15.00 per year
| |
|
Dairies
|
$15.00 per year
| |
|
Dance halls, public
|
$15.00 per year
| |
|
Dime stores
|
$15.00 per year
| |
|
Druggists and pharmacists
|
$15.00 per year
| |
|
Express companies
|
$15.00 per year
| |
|
Exterminators
|
$15.00 per year
| |
|
Farm implement dealers
|
$15.00 per year
| |
|
Feed mills and stores
|
$15.00 per year
| |
|
Florists
|
$15.00 per year
| |
|
Funeral homes
|
$25.00 per year
| |
|
Furniture stores
|
$15.00 per year
| |
|
Garages and automobile repair shops
|
$15.00 per year
| |
|
Gas companies
|
$15.00 per year
| |
|
Gift stores and hobby shops
|
$15.00 per year
| |
|
Grain elevators
|
$15.00 per year
| |
|
Grocery stores and grocers
|
$15.00 per year
| |
|
Guns and sporting goods
|
$15.00 per year
| |
|
Hardware stores
|
$15.00 per year
| |
|
Hatcheries
|
$15.00 per year
| |
|
Health shop
|
$15.00 per year
| |
|
Horse and cattle dealers
|
$15.00 per year
| |
|
Ice cream vendors and stands
|
$15.00 per year
| |
|
Ice dealers
|
$15.00 per year
| |
|
Inspectors
|
$15.00 per year
| |
|
Jewelers
|
$15.00 per year
| |
|
Jobbers of material and supplies
|
$15.00 per year
| |
|
Junk dealers
|
$15.00 per year
| |
|
Laundries and laundromats
|
$25.00 per year
| |
|
Light companies
|
$15.00 per year
| |
|
Liquor:
| ||
|
Locker plants
|
$15.00 per year
| |
|
Lumber yards and dealers
|
$15.00 per year
| |
|
Machine shops
|
$15.00 per year
| |
|
Manufacturers and manufacturing companies
|
$25.00 per year
| |
|
Mercantile agents
|
$15.00 per year
| |
|
Merchants of all kinds
|
$15.00 per year
| |
|
Milk handlers
|
$15.00 per year
| |
|
Milk retailers
|
$15.00 per year
| |
|
Miniature bowling alleys
|
$15.00 per year
| |
|
Miniature golf courses
|
$15.00 per year
| |
|
Monument dealers
|
$15.00 per year
| |
|
Motels and hotels
|
$15.00 per year
| |
|
Moving picture shows
|
$25.00 per year
| |
|
News agencies and newspaper publishers
|
$15.00 per year
| |
|
Opera houses
|
$15.00 per year
| |
|
Paint shop
|
$15.00 per year
| |
|
Palmist, clairvoyants and fortune tellers
|
$25.00 per day
| |
|
Patent right dealers
|
$15.00 per year
| |
|
Pawnbrokers
|
$25.00 per year
| |
|
Peddlers, hawkers and hucksters
|
$25.00 per day
| |
|
Photographers
|
$15.00 per year
| |
|
Itinerant photographers
|
$25.00 per year
| |
|
Plumbers
|
$15.00 per year
| |
|
Pool tables
|
$15.00 per year
| |
|
Power companies
|
$15.00 per year
| |
|
Printers, where not a newspaper publisher
|
$15.00 per year
| |
|
Restaurants
|
$15.00 per year
| |
|
Rooming houses and public boarding houses
|
$15.00 per year
| |
|
Secondhand store
|
$15.00 per year
| |
|
Service stations, gasoline filling stations, and convenience
stores
|
$15.00 per year
| |
|
Shoe retail store
|
$15.00 per year
| |
|
Shooting galleries
|
$25.00 per year
| |
|
Skating rinks
|
$25.00 per year
| |
|
Slaughterhouses
|
$15.00 per year
| |
|
Solicitors
|
$15.00 per year
| |
|
Stock yards
|
$15.00 per year
| |
|
Taxicabs
|
$15.00 per year
| |
|
Tinner and tin shops
|
$15.00 per year
| |
|
Tractor and implement dealers
|
$15.00 per year
| |
|
Transfer companies
|
$15.00 per year
| |
|
TV and radio repair shops
|
$15.00 per year
| |
|
Wallpaper and paints
|
$15.00 per year
| |
|
Warehouses
|
$15.00 per year
| |
|
Water companies
|
$15.00 per year
| |
|
Wholesale beverage companies, including soda water and beer
distributors
|
$15.00 per year
| |
|
Wholesale dealer in gasoline and oil
|
$15.00 per year
| |
|
Wholesale houses
|
$15.00 per year
| |
[R.O. 1992 § 605.140; CC 1984 § 54.140]
The City Clerk and City Police shall see that this Chapter is fully complied with and advise the City Attorney to prepare complaints against all persons known to be violating this Chapter. Any person, firm or corporation found to be in violation of this Chapter for a period of thirty (30) days or more shall be summoned before the Municipal Court of the City of Camdenton, upon complaint duly filed. Upon conviction of a violation of any such provision of this Chapter, the violator shall be punished as provided for in Section 100.220, and no license shall be issued until such fine and cost and the license tax shall be paid in full.
