[CC 2000 §3-1-1; CC 1974 §9-6]
The provisions of this Article are to be read and interpreted in harmony with the provisions of Article II of this Chapter relating all other provisions of this Chapter to licensing of businesses and occupations. It is hereby declared to be the intent of this Article to make provisions for the issuance of licenses in cases where it is impossible to apply other licensing provisions of this Code.
[CC 2000 §3-1-2; CC 1974 §§9-7, 9-10; Ord. No. 919, 2-20-1996; Ord. No. 1064 §§1 — 4, 10-20-2003]
A.
Permitted Businesses. The City Collector shall submit to
the Board of Aldermen for determination whether any particular business,
activity, occupation, vocation or service shall be covered within
the provisions of this Chapter. Such determination shall be reasonably
made, based upon the generally accepted concept of each activity,
occupation, vocation or service and with regard for the intention
of the legislature in the enactment of Section 94.270, RSMo., and
other applicable Sections of the Revised Statutes of Missouri. Such
determination by the Board of Aldermen shall be final and binding
on persons affected thereby unless and until such determination is
held to be unreasonable or invalid by a court of competent jurisdiction.
B.
Prohibited Businesses.
1.
Massage parlors, health studios, steam baths and outcall
massage service. The following businesses and employments
are hereby declared to be unlawful and no license shall be granted
for the operation thereof, such businesses and employments being hereby
declared against the public interest, welfare and morality of the
City: massage parlors, health studios, steam baths and outcall massage
service.
2.
Pawnbrokers and check-cashing businesses.
a.
CHECK CASHING BUSINESS
PAWNBROKER
Definitions. As used in this Subsection, the following
terms shall have these prescribed meanings:
Any person, firm or corporation who cashes a third (3rd)
party check for a fee and who is not licensed as a bank, credit union
or savings and loan under Federal and State laws.
Any person engaged in the business of lending money on the
security of pledged goods or engaged in the business of purchasing
tangible personal property on condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period
of time
b.
Businesses prohibited. No person shall be authorized
to do business in the City as a pawnbroker or check-cashing business.
C.
New Or Used Automobile Sales.
1.
No business which is required to be licensed in the City of Vinita
Park, including any individuals, partnerships, corporations and associations,
shall be authorized to sell, transfer, exchange or barter new or used
automobiles within the City of Vinita Park.
2.
This Subsection shall not apply to any resident of the City of Vinita
Park who sells no more than three (3) vehicles a year as a resident
and whose vehicles are owned by and licensed to that resident.
3.
This Subsection shall not apply to any business that presently has
a license authorizing the sale of vehicles. For purposes of this Subsection,
such businesses will be grandfathered in, but will be limited to the
number of vehicles they are currently authorized to display and have
for sale in the City of Vinita Park.
[CC 2000 §3-1-3; CC 1974 §9-7]
No person shall engage in any of the various businesses, employments, agencies, amusements or exhibitions or own, manage, operate or control, directly or indirectly, any matters or things, as set forth and described in this Chapter, unless such person first applies to and obtains from the City Collector a license to do so. If the City Collector is convinced that the applicant has complied with all ordinances of the City applicable to such licenses, he/she shall issue to such applicant a license upon payment of the license fee as prescribed in Section 605.040 of this Chapter.
[CC 2000 §3-1-4; CC 1974 §9-11.2]
The City Collector shall adopt and promulgate such rules and
regulations as he/she may consider necessary for the administration
of this Chapter. The City Collector shall also draft and provide forms
for the application for and renewal of licenses and the license itself.
Upon approval by the Mayor and the Board of Aldermen, such rules and
regulations and forms shall be placed on file for inspection and use
by the public and the provisions thereof shall be enforceable by the
City Collector.
[CC 2000 §3-1-5; CC 1974 §9-11.3]
A.
Rejection Of Application. Upon finding that the applicant
has not complied with the provisions of this Chapter or that the activities
or nature of the business would be in violation of the City ordinances
or State or Federal law, the City Collector shall reject the application
and so notify the applicant, in writing, stating the reasons therefor
and further stating that an appeal of the Collector's determination
to the Board of Aldermen can be taken notifying the City Clerk within
ten (10) days, in writing, and that otherwise, the rejection becomes
final.
B.
Appeals.
1.
Any person aggrieved by the action of the City Collector shall have
the right of appeal to the Board of Aldermen. Such appeal shall be
taken by filing with the City Clerk, within ten (10) days after the
notice of the action complained of has been mailed to such person's
last known address, a written statement setting forth fully the grounds
for the appeal. Notice of such hearing shall be given to the appellant
by being mailed, post paid, to his/her permanent address at least
ten (10) days prior to the date set for hearing. At the hearing, the
applicant and his/her attorney may present evidence and the Board
of Aldermen shall decide whether a license should be granted.
2.
Any appeal from the decision of the Board of Aldermen shall be made
pursuant to the Administrative Procedures Act of the State and the
review from the decision shall be had to the Circuit Court of the
County on the record.
[CC 2000 §3-1-6; CC 1974 §9-8]
Any person that makes an application to conduct business in
the City is required to report the aggregate amount of all sales or
gross receipts of a service occupation in the previous year. Such
license fee will be based on such report and prorated on a monthly
basis. The minimum amount of such fee will be fifty dollars ($50.00).
[CC 2000 §3-1-7; Ord. No. 835, 8-16-1993]
A.
Insurance Required. No license required under the provisions
of this Chapter shall be issued by the Collector to any person until
such person produces a copy of a certificate of insurance for Workers'
Compensation coverage if the applicant for the license is required
to cover his/her liability under Chapter 287, RSMo. It is further
made a violation of this Chapter to provide fraudulent information
to the Collector.
B.
Non-Liability Of City. Nothing in this Section shall be
construed to create or constitute a liability to or a cause of action
against the City or the Collector in regard to the issuance or non-issuance
of any license for failure to provide evidence of Workers' Compensation
coverage.
[CC 2000 §3-1-8; Ord. No. 923, 5-20-1996; Ord. No.
1043, 12-16-2002; Ord. No. 1048 §2, 4-21-2003]
License fees on all businesses listed below shall be subject
to the annual fees as shown plus a fee based on the aggregate amount
of all sales or gross receipts.
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Abstractors
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$175.00
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Advertising (signs, etc.)
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$50.00
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Aerosol
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$50.00
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Air-conditioning sales and service
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$50.00
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Architects
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$50.00
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Art classes (studio)
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$50.00
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Artists
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$50.00
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Auctioneers
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$50.00 per day
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Auto and window glass
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$50.00
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Automatic laundries and dry cleaning plants
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Minimum
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$85.00
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Per machine
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$3.50
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Automobile body rebuilders
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$50.00
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Automobile sales (new cars)
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$700.00
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Bakeries (retail/wholesale bakers)
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$50.00
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Balls or dances, public and theatrical exhibitions, for each
day except for educational or charitable purposes (requires Board
approval)
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$50.00
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Barbershops
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$50.00 per chair
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Beauty salons or shops
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$50.00 per operator
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Bookbinders
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$50.00
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Brokers
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Insurance
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$50.00
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Stocks and bonds
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$175.00
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Business services
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$50.00
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Carpet sales and/or service
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$50.00
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Caterers
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$50.00
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Ceramic studios
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$50.00
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Circuses, street fairs and carnivals, parades for profit, not
for educational or charitable purposes
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First day
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$85.00
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Each additional day
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$50.00
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Cleaning agencies
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$50.00
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Cleaning plants
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$50.00
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Cobblers, shoe repair and shoe shining shops
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$50.00
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Contractors, general or sub
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$50.00 plus
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Gross receipts on labor charges
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$1.00/1,000.00
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Costume making, including home occupied
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$50.00
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Craft fairs/concessions
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$350.00
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Day nurseries
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$70.00
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Dental laboratories
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$50.00
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Detective services
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$50.00
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Diversified sales
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$50.00
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Drafting companies
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$50.00
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Drapery sales and service
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$50.00
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Drayage
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$50.00
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Drays, per vehicle
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$50.00
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Dressmaking
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$50.00
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Electrical
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$50.00
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Electronic service and/or sales
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$50.00
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Employment offices
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$50.00
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Express offices
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$50.00
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Fasteners (all types)
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$50.00
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Food processors (eggs, etc.)
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$435.00
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Food sales, wholesale and retail
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$50.00
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Funeral homes or undertakers
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$175.00
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Furniture stripping (paint)
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$50.00
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Garages, repair of autos and trucks only
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$50.00
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Golf shop repairs and sales
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$50.00
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Gunsmiths, including shell or cartridge reloading (requires
Board approval)
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$50.00
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Halls, public (requires Board approval)
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$50.00
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Home occupations
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Base fee
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$50.00 plus
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Per $1,000.00 of gross revenue
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$1.00
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House moving, contractors
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$50.00
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Ice cream novelty vendors
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$50.00
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Industrial services
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$50.00
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Insurance companies
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$435.00
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Janitor service or supplies
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$50.00
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Knit shop sales and service
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$50.00
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Landscapers
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$50.00
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Leasing or rental businesses
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$50.00
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Liquor licenses (see Section 600.040 of this Title) Loan companies (requires board approval)
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$350.00
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Locksmiths, key makers
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$50.00
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Machining and threading pipe, etc.
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$50.00
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Manufacturers
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$50.00
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Manufacturers' agents
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$50.00
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Merchants (see Section 605.140 of this Chapter) Merry-go-rounds
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$50.00 per day
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Money handling systems sales and service
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$50.00
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Moving and storage companies with warehouse
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$350.00
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Moving companies (offices only)
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$175.00
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Music studios (lessons only)
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$50.00
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Musical instruments sales and service
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$50.00
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Office buildings, applicable only on flat fee basis as in conjunction
with warehouse
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Base fee
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$50.00 plus
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Each employee over 10
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$5.00
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Maximum
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$500.00
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Oil refinery or storage
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$175.00
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Paint sales
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$50.00
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Paper products
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$50.00
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Patent right dealers
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$50.00
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Pet grooming
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$50.00
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Pharmaceutical processors
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$50.00
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Photographers
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$50.00
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Piping systems sales or service
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$50.00
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Warehouse
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$350.00
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Printing companies and lithographers
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$50.00
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Processors (all types not specified)
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$435.00
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Produce (fruit and vegetables, etc.)
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$50.00
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Psychological consultants
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$50.00
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Radio or TV sales and service
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$50.00
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Real estate agents
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$50.00
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Real estate brokers
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$120.00
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Recorder equipment (time) sales and service
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$50.00
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Resale shops
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$50.00
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Restaurant and office furniture and supplies
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$50.00
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Rubber products
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$50.00
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Service stations (gasoline, oil, etc.)
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$50.00
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Sewing machines sales and service
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$50.00
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Shoe supplies (nails, eyelets)
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$50.00
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Sign painters
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$50.00
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Soda products (drinks)
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$50.00
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Storage of raw materials, finished products, equipment and other
materials or products in storage yards located in the City adjacent
to and a part of a business located in a municipality adjoining the
City
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$175.00
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Storage yards
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$175.00
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Storage yards, bus vehicle
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$50.00
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Swimming pools sales and service
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$50.00
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Tailor-made clothing
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$50.00
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Tax consultants
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$50.00
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Telegraph companies
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$85.00
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Tool grinding
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$50.00
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Upholstering and repairs
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$50.00
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Vending companies (all types or commodities), businesses located
in the City
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$175.00
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Vending machines
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$50.00
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Warehouse operated as a separate operation other than business
for which license is obtained:
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0 to 100,000 square feet
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$350.00
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100,001 to 200,000 square feet
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$280.00 additional
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200,001 to 300,000 square feet
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$140.00 additional
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300,001 to 400,000 square feet
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$70.00 additional
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Watchmaker
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$50.00
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Welding shops
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$50.00
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Wire screen products
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$50.00
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Woodworking and pattern shops
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$50.00
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All other businesses or avocations, licenses to be approved
by Board of Aldermen
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$50.00
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[CC 2000 §3-1-9; Ord. No. 910, 9-18-1995; Ord. No.
923, 5-20-1996]
A.
Generally. All licenses and taxes shall be assessed as of
January first (1st) of each calendar year and same shall be due and
payable on or before March fifteenth (15th) of the said calendar year.
B.
Vending Machine Licenses. The vending machine licenses
for the City shall be due as of October thirty-first (31st) of each
year.
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. 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.
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.
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 Vinita Park.
[CC 2000 §3-1-11; Ord. No. 923, 5-20-1996]
Every license issued under this Title is subject to the City's
right to suspend or revoke such license upon a finding, after hearing
by the Mayor and Board of Aldermen, that the licensee has failed to
comply with all of the provisions hereof, or that the licensee has
made oral or written misrepresentation to the City concerning the
licensed business, or that activity occurring in connection with or
on the premises of the business is in violation of City Ordinances
or State or Federal law. The City Collector shall notify the licensee,
in writing, to such licensee's last known address, postage paid, return
receipt requested, of the specific charges against him/her and of
the date set for hearing, but allowing ten (10) days' notice of the
hearing date. At the hearing, the licensee and his/her attorney may
present evidence and witnesses in his/her defense.
