[R.O. 1996 § 605.010; CC 1987 § 54.010]
It shall be unlawful for any person
to engage in any business, trade or profession listed in Section 94.270,
RSMo., as amended, in the City without first obtaining a license therefor.
It is the intention of the City to exercise the fullest extent of
its licensing power, and to require a license from any and all businesses,
trades or professions that can be legally required to obtain a license.
Each license shall be issued for one (1) calendar year. Each renewal
license applicant shall apply for and pay for the required license
in January of each year; such license shall be delinquent in February.
Each new license applicant shall apply for, pay for, and receive the
required license before the calendar year, are non-transferable, and
shall not be prorated on application for a partial year or upon cancellation.
[R.O. 1996 § 605.020; CC 1987 § 54.020]
It shall be unlawful for any person,
either directly or indirectly, to conduct any business, or to use
in connection therewith any vehicle, premises, machine or device for
which a license or permit is required by this Chapter without the
license or permit so required having been first obtained and thereafter
kept in effect at all such times as required by this Chapter.
[R.O. 1996 § 605.030; CC 1987 § 54.030]
For each business required by this
Chapter to be licensed, a separate license shall be obtained. A person
engaged in two (2) or more businesses 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 such businesses.
[R.O. 1996 § 605.040; CC 1987 § 54.040]
When any person is engaging in two
(2) or more businesses at the same location under one (1) license,
he/she shall pay a license fee equal to the sum of all the fees for
each business so licensed.
[R.O. 1996 § 605.050; CC 1987 § 54.050]
Except as may be provided otherwise
in this Chapter, a person shall be deemed to be in business within
the meaning of this Chapter when he/she is selling any goods or service,
soliciting business, or offering goods or service for sale or hire,
or using any vehicle or premises in the City for business purposes.
[R.O. 1996 § 605.060; CC 1987 § 54.060]
The City License Officer shall make
initial determination whether any other 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 such activity, occupation,
vocation or service, and with regard for the intention of the legislature
in the enactment of Sections 71.620 and 94.270, RSMo., and other applicable
Sections of the Revised Statutes of Missouri. Such determination by
the City License Officer shall be final and binding on persons affected
thereby, unless and until such determination is held unreasonable
or invalid by a court of competent jurisdiction.
[R.O. 1996 § 605.070; CC 1987 § 54.070]
The local 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
and enterprises they represent with all applicable provisions of this
Chapter.
[R.O. 1996 § 605.080; CC 1987 § 54.080]
Except as may be provided otherwise
by this Chapter, 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.
[R.O. 1996 § 605.090; CC 1987 § 54.090]
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
City, State or Federal law.
[R.O. 1996 § 605.100; CC 1987 § 54.100; Ord. No. 649 § 1, 12-11-2008]
The following trades, professions,
occupations, vocations or businesses unless operating under contract
with the City of Gerald shall not be operated, practiced, engaged
in or otherwise conducted in the City, 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 City License Officer and shall have paid to
the City the license tax hereinafter set forth, such license and tax
therefor to be issued and paid on an annual basis, except where otherwise
herein specifically provided.
Provide a service: $25.00.
Retail sales: $25.00.
Contractor/building trades: $30.00.
[R.O. 1996 § 605.110; CC 1987 § 54.110]
The City Clerk shall be the City
License Officer and shall issue in the name of the City all licenses
and permits required by this Chapter to all qualified applicants therefor,
when all required taxes and fees have been paid, in accordance with
the provisions of this Chapter. 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.
[R.O. 1996 § 605.120; CC 1987 § 54.120]
The City License Officer shall adopt
and promulgate such rules and regulations as he/she may consider desirable
for the administration of this Chapter. When approved by the Mayor,
such rules and regulations shall be placed on file in the office of
the City License Officer for inspection and use by the public, and
the provisions thereof shall be enforced by him/her. The City License
Officer shall investigate and determine the eligibility of any applicant
for a license or a renewal, examine the books and records of any applicant
when reasonably necessary to the administration or enforcement, and
notify any applicant of the acceptance or rejection of his/her application
and, upon refusal, state in writing the reasons therefor, and deliver
such notice to the applicant.
[R.O. 1996 § 605.130; CC 1987 § 54.130]
Taxes and fees required by this Chapter
to be paid by any person shall be payable to the City Collector, who
shall issue a proper receipt to each person making any such payment.
[R.O. 1996 § 605.140]
Every person required to have a license
shall submit an application to the City License Officer by a written
statement upon forms provided by the City License Officer, which shall
disclose all information which the City 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 City 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.
[R.O. 1996 § 605.150; CC 1987 § 54.150]
Any applicant for the renewal of
a license under this Chapter shall submit an application therefor
to the City License Officer upon forms provided by such Officer, which
shall include such information which the License Officer shall find
to be reasonably necessary to the fair administration of this Chapter
and information as to the conduct and operation of his/her business
during the preceding licensing period.
[R.O. 1996 § 605.160; CC 1987 § 54.160]
The City License Officer shall, upon
disapproving any application, direct the City Collector to refund
all money paid in advance; provided, the applicant is not otherwise
indebted to the City. When the issuance of license is refused and
any action or proceeding is brought by the applicant to compel its
issuance, such applicant shall not engage in the business for which
the license was refused.
[R.O. 1996 § 605.170; CC 1987 § 54.170]
The City License Officer, and all
other City Officers and Officials who may be officially 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 that 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 City Officer from
testifying as to such information in compliance with a subpoena issued
from a court of competent jurisdiction or from the Board of Aldermen
in any proceeding before it.
[R.O. 1996 § 605.180; CC 1987 § 54.180]
Each licensee under this Chapter
shall permit all reasonable inspections of his/her business and examination
of his/her books by the License Officer and refrain from operating
the licensed business after expiration of his/her license and during
any period his/her license may be revoked or suspended.
[R.O. 1996 § 605.190; CC 1987 § 54.190]
Every licensee under this Chapter
shall post and maintain his/her license upon the premises in a place
where it may be seen at all times. Every licensee under this Chapter
who does not have a licensed business premises shall carry his/her
license on his/her person and shall display it to City Officers having
authority to enforce this Chapter and to persons with whom he/she
transacts business at their request.
[R.O. 1996 § 605.200; CC 1987 § 54.200]
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
City, register with the City License Officer on a form provided by
such Officer. Each registrant under this Section shall on such form
provide the City License Officer with:
1.
His/her name and description.
2.
His/her permanent home address and
full local address.
3.
A brief 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/her employer,
together with credentials establishing the exact relationship.
5.
The length of time for which the
registrant proposed to do business within the City.
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/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.
The fingerprints of the registrant,
who will certify as to his/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/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 City License Officer shall refer such
registration to the Chief of Police, who shall cause such investigation
to be made. Upon arrival by the Chief of Police, the License Officer
shall issue to the registrant a registration certificate, which the
registrant shall keep on his/her person at all times and on demand
display to any officer of the City and any citizen who so requests
it. Any registration certificate hereunder may be revoked by the City
License Officer for fraud or misrepresentation or false statements.
[R.O. 1996 § 605.210; CC 1987 § 54.210]
For the purposes of enforcing this
Chapter, the City License Officer, the City Administrator and the
City Police shall have authority to inspect and examine businesses
to enforce compliance. Such persons authorized to inspect licenses
shall have the authority to enter, with or without a search warrant,
at all reasonable times.
[R.O. 1996 § 605.220; Ord. No. 397 §§1 — 7, 4-27-1995]
A.
Definition. For purposes of this Section,
the term "yard sale" shall mean any type of private sale of personal
goods held at a residence.
B.
Duration. Any yard sale conducted pursuant
to this Section shall last for no longer than seventy-two (72) hours.
C.
It shall be unlawful to conduct more than
two (2) yard sales per residence per year.
D.
Any person conducting a yard sale shall
register at City Hall no less than three (3) days prior to the yard
sale to receive the proper permit.
E.
Advertisement of the yard sale by temporary sign must be done according to the regulations set out in Chapter 405.
F.
The yearly "Citywide Yard Sale" sponsored
by the Chamber of Commerce shall be excluded from the two (2) allowed
per year.
G.
Anyone not complying with the regulations
set out in this Section shall be subject to citation and fine in Circuit
Court.
[Ord. No. 885, 4-11-2019]
