City of Truesdale, MO
Warren 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
[CC 1986 §600.010]
This Chapter shall be known and may be cited as the "General Licensing Ordinance" of the City of Truesdale.
[CC 1986 §600.020]
It is not intended by this Chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Chapter. Where this Chapter imposes a greater restriction upon persons, premises or personal property than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this Chapter shall control.
A. 
It shall be unlawful for any person, firm or corporation to engage in any business or occupation in the City of Truesdale without having first applied for and obtained a license to conduct such business or occupation from the City Clerk and without paying the license fee therefor, all as provided for in this Chapter.
B. 
Each applicant for a business license under this Chapter shall submit a statement from the Missouri Department of Revenue pursuant to Section 144.083.4, RSMo., stating no tax is due, which statement is a prerequisite to the issuance or renewal of a City business license. The statement required by this Section shall be dated within ninety (90) days of submission of the business license application or renewal application.
[CC 1986 §600.030]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
BOARD OF ALDERMEN
The Board of Aldermen of the City of Truesdale.
BUSINESS
Includes all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises in this City or anywhere else within its jurisdiction.
CITY
The City of Truesdale.
CITY CLERK OR LICENSE OFFICER
The City Collector of the City of Truesdale.
INSIGNIA
Or its singular number "insignia" is any tag, plate badge, emblem, sticker, or any other kind of device which may be required for any use in connection with any license.
LICENSE OR LICENSEE
As used generally herein, shall include respectively the words "permit" or "permittee" or the holder of or any use or period of time of any similar privilege, wherever relevant to any provision of this Chapter or other law or ordinance.
PERSON
Includes individual natural persons, partnerships, joint adventures, societies, associations, clubs, trustees, trusts or corporations; or any officers, agents, employees, factors, or any kind of personal representatives of any thereof, in any capacity, acting either for himself/herself, or for any other person, under either personal appointment or pursuant to law.
PREMISES
Includes all lands, structures, places and also the equipment and appurtenances connected or used therewith in any business and also any personal property which is either affixed to, or is otherwise used in connection with, any such business conducted on such premises.
[CC 1986 §600.040]
A. 
Compliance Required. It shall be unlawful for any person, either directly or indirectly, to conduct any business or non-profit enterprise or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, for which a license or permit is required by any law or ordinance of this City, without a license or permit therefor being first procured and kept in effect at all times as required by this Chapter or other law or ordinance of this City.
B. 
Special Sales. This Chapter shall apply to all business in the nature of special sales for which a license is required by any law or ordinance of this City and it shall be unlawful for any person, either directly or indirectly, to conduct any such sale except in conformity with the provisions of this Chapter.
1. 
One (1) act constitutes doing business. For the purpose of this Chapter, any person shall be deemed to be in business or engaging in non-profit enterprise, and thus subject to the requirements of Subsections (A) and (B) of this Section, when he/she does one (1) act of:
a. 
Selling any goods or services;
b. 
Soliciting business or offering goods or services for sale or hire;
c. 
Acquiring or using any vehicle or any premises in the City for business purposes.
2. 
Agents responsible for obtaining license. The agents or other representatives of non-residents who are doing business in this City shall be personally responsible for the compliance of their principals and of the businesses they represent with this Chapter.
3. 
Separate license for branch establishments. A license shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this Chapter shall not be deemed to be separate places of business or branch establishments.
a. 
Rental real property. Each rental real property shall be deemed a branch establishment or separate place of business for the purposes of this Chapter when there is a representative of the owner or the owner's agent on the premises who is authorized to transact business for such owner or owner's agent or there is a regular employee of the owner or of the owner's agent working on the premises.
4. 
No license required for mere delivery. No license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his/her regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of this Chapter.
5. 
Special permits to non-profit enterprise. The City Clerk may issue special permits, without the payment of any license fees or other charges therefor, to any person or organization for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when he/she finds that the applicant operates without private profit, for a public, charitable, educational, literary, fraternal or religious purpose.
a. 
Application for special permit. An applicant for a special permit shall submit an application therefor to the City Clerk upon forms prescribed by the City Clerk, and shall furnish such additional information and make such affidavits as the City Clerk shall require.
b. 
Special permittees must conform. A person or organization operating under a special permit shall operate his/her non-profit enterprise in compliance with this Chapter and all other applicable rules and regulations except as provided herein.
A. 
No person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college, priest, lawyer, certified public accountant, dentist, chiropractor, optometrist, chiropodist, or physician or surgeon in this City shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, and after December 31, 2003, no investment funds service corporation as defined in Section 143.451, RSMo., may be required to pay any such license fee in excess of twenty-five thousand dollars ($25,000.00) annually, any law, ordinance or Charter to the contrary notwithstanding.
B. 
No person following for a livelihood the profession of insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in this City shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on his/her profession unless that person maintains a business office within the City of Truesdale.
[CC 1986 §600.050]
A. 
The City Clerk shall collect all license fees and shall issue licenses in the name of the City to all persons qualified under the provisions of this Chapter and shall:
1. 
Make rules. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this Chapter.
2. 
Adopt forms. Adopt all forms and prescribe the information to be given therein as to character and other relevant matters for all necessary papers.
3. 
Require affidavits. Require applicants to submit all affidavits and oaths necessary to the administration of this Chapter.
4. 
Obtain endorsement. Submit all applications, in proper form, to interested City Officials for their endorsement thereon as to compliance by the applicant with all City regulations which they have the duty of enforcing.
5. 
Investigate. Determine the eligibility of any applicant for a license as prescribed herein.
6. 
Examine records. Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this Chapter.
7. 
Give notice. Notify any applicant of the acceptance or rejection of his/her application and shall, upon his/her refusal of any license or permit, at the applicant's request, state in writing the reasons therefor and deliver them to the applicant.
[CC 1986 §600.060]
A. 
The general standards herein set out relative to the qualifications of every applicant for a City license shall be considered and applied by the City Clerk. The applicant shall:
1. 
Citizenship. Be a citizen of the United States or a declarant therefor as authorized by law.
2. 
Good moral character. Be of good moral character. In making such determination the City Clerk shall consider:
a. 
Penal history. All convictions, the reasons therefor and the demeanor of the applicant subsequent to his/her release.
b. 
License history. The license history of the applicant; whether such person, in previously operating in this or another State under a license, has had such license revoked or suspended, the reasons therefor and the demeanor of the applicant subsequent to such action.
c. 
General personal history. Such other facts relevant to the general personal history of the applicant as he/she shall find necessary to a fair determination of the eligibility of the applicant.
3. 
No obligations to City. Not be in default under the provisions of this Chapter nor indebted or obligated in any manner to the City except for current taxes.
All applications for the licenses required herein shall be made to the City Clerk on appropriate forms provided for that purpose by the City. All licenses issued by the City Clerk shall be in such form as is provided by the Board of Aldermen; provided however, that such license shall bear the signature of the Mayor of the Board of Aldermen and the City Clerk, the date of issuance thereof and the date of expiration, as well as any additional information that may be required by the Board of Aldermen.
[CC 1986 §600.070]
A. 
Every person required to procure a license under the provisions of any ordinance or law of the City shall submit an application for such license to the City Clerk. The application shall:
1. 
Form of application. Be a written statement upon forms provided by the City Clerk; such form shall include an affidavit, to be sworn to by the applicant before a notary public of this State.
2. 
Contents of application. Require the disclosure of all information necessary to compliance with Section 605.060 and any other information which the City Clerk shall find to be reasonably necessary to the fair administration of this Chapter.
3. 
Payment of fees. Be accompanied by the full amount of the fees chargeable for such license. Whenever a license cannot be issued at the time the application for the same is made, the City Clerk shall issue a receipt to the applicant for the money paid in advance, subject to the following condition:
a. 
Such receipt shall not be construed as the approval of the City Clerk for the issuance of a license;
b. 
Nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this Chapter.
All applications for renewal of a license provided for herein shall be obtained no later than December thirty-first (31st) preceding the year for the license.
[CC 1986 §600.080]
A. 
The applicant for the renewal of a license shall submit an application for such license to the City Clerk. The application shall:
1. 
Form of application. Be a written statement upon forms provided by the City Clerk; such form shall include an affidavit, to be sworn to by the applicant before a notary public for this State.
2. 
Contents. Require the disclosure of such information concerning the applicant's demeanor and the conduct and operation of applicant's business during the preceding licensing period as is reasonably necessary to the determination by the City Clerk of the applicant's eligibility for a renewal license and to a possible adjustment of license fee.
[CC 1986 §600.090]
A duplicate license or special permit shall be issued by the City Clerk to replace any license previously issued, which has been lost, stolen, defaced or destroyed, without any willful misconduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of this State attesting to such fact.
[CC 1986 §600.100]
When a licensee places himself/herself in a new status as provided in Section 605.120(B)(1) of this Chapter, the City Clerk shall issue a supplemental license and such additional insignia as may be required.
[CC 1986 §600.110]
A. 
The City Clerk shall, upon disapproving any application submitted under the provisions of this Chapter, refund all fees paid in advance to the applicant, provided the applicant is not otherwise indebted to the City.
B. 
Compliance Pending Legal Action. When the issuance of a license is denied and any action is instituted by the applicant to compel its issuance, such applicant shall not engage in the business of which the license was refused unless a license be issued to him/her pursuant to a judgment authorizing the same.
[CC 1986 §600.120]
A. 
Fee Established. License fees shall be in the amounts established by the Board of Aldermen and as further determined under this Chapter.
B. 
Adjustment Of Fee. If there is a change in license status, the City Clerk shall require the payment of an additional or higher license fee, to be prorated for the balance of the license period, when a licensee places himself/herself in such status under this Chapter by:
1. 
Making any other lawful and material change of any kind in his/her business.
2. 
Increasing the number or size of his/her vehicles.
C. 
Rebate Of Fee.
1. 
General prohibition. Except as herein provided, a rebate or refund of any license fee or part thereof shall be made by reason of the non-use of such license or by reason of a change of location or business rendering the use of such license ineffective.
2. 
Authorized in special cases. The City Clerk shall have the authority to refund a license fee or appropriate portion thereof where the license fee was collected through an error.
No license issued under the provisions of this Chapter shall be assignable or transferable but shall apply only to the person to whom same is issued. In the event any licensee, as provided for herein, shall move his/her place of business from one location to another location within the City, said licensee shall submit a statement of the fact of such change to the City Clerk who may transfer such license as to location only by providing the licensee with written permission allowing such change of location. In no event, however, shall such license be transferred from one person to another or from the kind of business or occupation originally licensed to another type of business or occupation.
[CC 1986 §600.130]
A. 
Information Required. Each license issued hereunder shall be signed by the Mayor and the City Clerk and countersigned by the Collector and the Clerk shall affix the corporate seal thereto and each license shall state upon its face the following:
1. 
The name of the licensee and any other name under which business is to be conducted.
2. 
The kind and address of each business so licensed.
3. 
The amount of license fee therefore.
4. 
The dates of issuance and expiration thereof.
5. 
Such other information as the State law or City ordinance shall determine.
The term of the licenses issued pursuant to the provisions of this Chapter shall be from January first (1st) to December thirty-first (31st) of the same year.
[CC 1986 §600.140]
A. 
Every licensee under this Chapter shall:
1. 
Permit inspection. Permit all reasonable inspections of his/her business and examinations of his/her books by public authorities maintained so as to be plainly visible from such public entrance.
2. 
Vehicles.
a. 
Effect of this Chapter. Any general or special license fees required for any kind of vehicle, for the privilege of being operated upon the public highways, by any Statute or ordinance shall not abrogate, limit or affect any further requirements of this Chapter or other ordinances or laws, for additional and separate licenses, permits and insignia and fees for such vehicles or other uses, for and relating to the privilege of using the same in the business so licensed.
b. 
Insignia. Affix any insignia delivered for use in connection with a licensed motor vehicle on the inside of the windshield of the vehicle or as may be otherwise prescribed by the City Clerk with the advice and consent of the Board of Aldermen or by law.
c. 
Motorless vehicles — insignia. Affix any metal or other durable type of insignia delivered for use in connection with a wagon or other vehicle not operated by motor power securely on the outside of such vehicle.
3. 
Persons. Carry such license on his/her person when he/she has no licensed business premises.
4. 
Machines. Affix any insignia delivered for use in connection therewith upon the outside of any coin, vending or other business machine or device, so that it may be seen at all time.
5. 
Inoperative licenses, special permits and insignia. Not allow any license, special permit or insignia to remain posted or displayed or used after the period for which it was issued has expired; or when it has been suspended or revoked or for any other reason become ineffective. The licensee shall promptly return such inoperative license, special permit or insignia to the license officer.
6. 
Unlawful possession. Not loan, sell, give or assign to any other person or allow any other person to use or display or to destroy, damage or remove or to have in his/her possession, except as authorized by the City Clerk or by law, any license or insignia which has been issued to said licensee.
7. 
Keep records. Keep all records and books necessary to the computation of his/her license fee and to the endorsement of this Chapter.
8. 
Where applicant fails to record. The City Clerk shall make his/her own determination as to the financial statement for any business where the licensee has failed to keep books and records as required herein.
Each license issued by the City under the provisions of this Chapter shall be carefully preserved and shall be displayed in a conspicuous place in the place of business authorized to be conducted by said license. If there is no place of business, said license shall be carried on the licensee's person.
[CC 1986 §600.150]
An annual City license tax is hereby levied on all businesses, activities, occupations and services within the intention of the State General Assembly in enacting Section 94.270, RSMo. The amount of the tax shall be twenty-five dollars ($25.00).
[CC 1986 §600.160]
A. 
Persons Authorized. The following persons are authorized to conduct inspections in the manner prescribed herein.
1. 
City Clerk. The City Clerk shall make all investigations reasonably necessary to the enforcement of this Chapter.
2. 
Officials having duties. The City Clerk shall have the authority to order the inspection of licensees, their businesses and premises by all City Officials who have duties to perform with reference to such licenses or businesses.
3. 
Police Officers. All Police Officers shall inspect and examine businesses located within their respective jurisdictions or beats to enforce compliance with this Chapter.
B. 
Authority Of Inspectors. All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without search warrant, at all reasonable times, the public portion of the following premises:
1. 
Those for which a license is required.
2. 
Those for which a license was issued and which at the time of inspection are operating under such license.
3. 
Those for which a license has been revoked or suspended.
C. 
Reports By Inspectors. Persons inspecting licenses, their businesses or premises as herein authorized shall report all violations of this Chapter or of any other laws or ordinances to license officer and shall submit such other reports the City Clerk shall order.
1. 
Provisional order. When an inspector has reported the violation of this Chapter or of any law or ordinance, the City Clerk shall issue to the affected person a provisional order to comply.
a. 
Nature of notice. The provisional order and all other notices issued in compliance with this Chapter shall be in writing, shall be personally served if practicable and shall apprise the person affected of his/her specific violations. In the absence of the person affected or his/her agent or employee, a copy of such notice shall be affixed to some structure on the premises. Depositing such notice in the United States mail shall constitute service thereof, addressed to the last known address of such party unavailable for personal service.
b. 
Period of compliance. The provisional order shall require compliance within thirty (30) days of service on the affected person.
c. 
Hearing. Upon written application by the person affected before the expiration of the thirty (30) day period of compliance, the City Clerk shall order a hearing. Notice of such hearing shall be given the affected person in the manner prescribed herein.
2. 
Modifying authority of City Clerk. Upon written application or on his/her own motion, the City Clerk shall have the authority, in a proper case, to extend the time for compliance, to grant a new hearing date and to change, modify or rescind any provisional recommendation or order, prior to its becoming final.
3. 
Final order. Upon the failure or refusal of the violator to comply with the provisional order or with any order made after hearing, the City Clerk shall then declare and make the provisional order final.
a. 
Revocation of license — grounds. Any license issued by the City pursuant to the provisions of this Chapter may be revoked by the Board of Aldermen for any of the following reasons, as well as for any other reasons specified in this Chapter:
(1) 
Any failure to comply with or any violation of any provisions of this Chapter, or any other ordinance of the City regulating the business, occupation or activity licensed, or the Statutes of the State of Missouri by any licensee.
(2) 
Violation of the terms and conditions upon which the license was issued.
(3) 
Failure of the licensee to pay any tax or obligation due to the City.
(4) 
Any misrepresentation or false statement in the application for a license required herein.
(5) 
Failure to display the license required herein.
b. 
Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.
c. 
Effect of revocation or suspension. Upon revocation or suspension no refund of any portion of the license fee shall be made to the licensee and he/she shall immediately cease all business at all places under such license in the City.
4. 
Summary action. When the conduct of any licensee, agent or employee is so inimicable to the public health, safety and general welfare as to constitute a nuisance and thus give rise to an emergency, the City Clerk shall have the authority to summarily order the cessation of business and the close of premises or to suspend or revoke the license.
a. 
Special hearing. Unless waived in writing, within five (5) days after he/she has acted summarily, the City Clerk shall conduct a special hearing for such action in respect to the summary order as may be therein determined. Notice of such hearing shall be given the affected person in the manner prescribed herein.
5. 
Right of appeal. Any person aggrieved by any decision of the City Clerk after hearing shall have the right to appeal to the City Board of Aldermen by filing a written appeal with such City's Board of Aldermen's Presiding Officer and a copy thereof with said City Clerk within ten (10) days following the effective date of the action or decision complained of.
a. 
Contents of appeal. Such appeal shall set out generally the order or decision appealed from and shall include a statement of the facts and/or law relied upon to avoid such order.
b. 
Notification of City Clerk. At the time of filing any such appeal, a copy thereof shall be filed by the appellant with the City Clerk as provided aforesaid.
c. 
Hearing. The Board of Aldermen shall fix a time and place for hearing the appeal and shall serve a written notice, as provided herein, upon the appellant informing him/her thereof. The Board of Aldermen shall also give such notice to the City Clerk and such officer shall be entitled to appear and defend such order.
d. 
Effect of decision. The findings of the Board of Aldermen shall be final and conclusive and shall be personally served upon the appellant as required herein.
D. 
Liability Of Violator.
1. 
Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due the City.
2. 
Action by the City Attorney. The City Attorney shall at the direction of the City Clerk institute civil suit in the name of the City to recover any such unpaid fee.
3. 
Civil judgment no bar. No civil judgment or any set by the City Attorney, the City Clerk or the violator shall bar or prevent a criminal prosecution for each and every violation of this Chapter when otherwise permitted by law.
A. 
In any case in which a complaint has been made to the Board of Aldermen, or in which the Board of Aldermen have on their own determined that cause may exist for the revocation of a license under the provisions of this Chapter, the following procedures shall be followed:
1. 
The Board of Aldermen shall set a date for a hearing to consider the question of revocation.
2. 
At least ten (10) days prior to said hearing, written notice shall be mailed to the licensee, by registered mail, return receipt requested, to his/her last known address as shown in the records of the City Clerk advising the licensee of the time, date and place of hearing and of the reason for considering the revocation of his/her license.
3. 
During the pendency of this hearing before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.
4. 
At the hearing set by the Board of Aldermen, the Board of Aldermen shall hear all relevant and material evidence justifying the retention of the license.
5. 
The licensee may be present in person and/or by his/her attorney and may present evidence.
6. 
After hearing the evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked.
7. 
The affirmative vote of a majority of the Board of Aldermen shall be necessary to revoke any license.
[Ord. No. 670 §2, 3-13-2013]
Any person, firm, corporation or copartnership who shall violate any provision of this Chapter, or who shall exercise or attempt to exercise any of the occupations, trades or avocations, or who shall carry on or engage in or attempt to carry on or engage in any of the businesses for which a license is required in this Chapter in the City of Truesdale without first paying the tax herein levied and obtaining a license therefor shall, upon conviction, be deemed guilty of an ordinance violation and shall be punished by a fine as specified in Section 100.220. Any business in operation as of January 1 of the current year that failed to obtain a business license for the current year shall be subject to a citation for an ordinance violation on February 1 of the year by the Police Department.
[1]
Editor's Note: Former Section 605.175, Penalty for Delinquent Business License Renewal, adopted 4-27-2011 by Ord. No. 613 §§1 — 2, was repealed 3-13-2013 by Ord. No. 670 §1.