Article I Generally
Article II Itinerant Merchants
It shall be unlawful for any person, firm or corporation to engage in any business or occupation in the City of New Melle 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.
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.
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.
[Ord. No. 26 §§1, 3, 9-6-1984; Ord. No. 333 §1, 9-10-2012]
No person, partnership, corporation or other entity, either as principal or agent, shall pursue, conduct, carry on or operate within the City any calling, trade, business, vocation, occupation or profession without paying an annual license fee of twenty dollars ($20.00).
The amount of any unpaid license fee plus statutory interest thereon shall constitute a lien against the real and personal property situated in the City of any person, partnership, corporation or other entity subject to payment of such fee who shall fail to pay the same within thirty (30) days after it becomes due and payable.
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.
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. In the event any licensee hereunder shall commence business on or after July first (1st), the City Clerk shall issue such license at the rate of one-half (½) of the license fee for such six (6) month period of July first (1st) to December thirty-first (31st) or fraction thereof.
All applications for renewal of a license provided for herein shall be filed no later than December first (1st) of each year.
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.
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.
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 New Melle.
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:
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.
Violation of the terms and conditions upon which the license was issued.
Failure of the licensee to pay any tax or obligation due to the City.
Any misrepresentation or false statement in the application for a license required herein.
Failure to display the license required herein.
Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.
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:
The Board of Aldermen shall set a date for a hearing to consider the question of revocation.
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.
During the pendency of this hearing before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.
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.
The licensee may be present in person and/or by his/her attorney and may present evidence.
After hearing the evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked.
The affirmative vote of a majority of the Board of Aldermen shall be necessary to revoke any license.
[Ord. No. 333 §1, 9-10-2012]
Any person, firm or 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 vocations, 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 New Melle 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 of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
Each and every day that the violation continues shall constitute a separate offense subject to the same fines. In addition to the above penalty, any person, firm or corporation or copartnership who is required to take out a license, or any such person whose license has expired and notice has been given by the City Clerk shall be subject to other penalties provided by law.
[Ord. No. 186 §1, 5-21-2003]
As used in this Article, the following terms shall have these prescribed meanings:
- ARTICLES OF MERCHANDISE
- Anything of value offered for sale to the public by any person.
- ITINERANT MERCHANT
- All persons, both principal and agents, who engage in, or conduct, in this State, either in one (1) locality or in traveling from place to place, a temporary or transient business of selling goods, wares and merchandise with the intention of continuing in such business in any one place for a period of not more than one hundred twenty (120) days, and who, for the purpose of carrying on such business, hire, lease or occupy, either in whole or in part, a room, building, or other structure, for the exhibition and sale of such goods, wares and merchandise and do not have a permanent place of business in Missouri.
[Ord. No. 186 §2, 5-21-2003]
It shall be unlawful for any itinerant merchant to sell any articles of merchandise within the City until such person shall have first secured a license to sell the same and such itinerant merchant shall keep and exhibit the license to any official of the City upon demand. Solicitors and peddlers as defined in Section 610.010, are subject to the provisions therein, and are not required to obtain an itinerant merchant's license.
[Ord. No. 186 §3, 5-21-2003]
Every itinerant merchant desiring to sell articles of merchandise and any person operating a flea market for itinerant merchants, before so doing, shall apply for an itinerant merchants license and the City Clerk shall issue to such person a license to sell such articles of merchandise.
Prior to issuing the license, the City Clerk shall require the applicant to exhibit a State sales tax identification number and a business license issued by the County of St. Charles and the State of Missouri, unless such State license is not required by the Missouri Revised Statutes.
The written license application presented to the City Clerk shall include the following information:
A description of the merchandise to be sold.
The location where merchandise is to be displayed and sold.
If merchandise is to be sold from a temporary location, the permission, in writing, of the property owner.
A description of the structure(s) used to display and/or protect the merchandise (e.g., existing building, tent, open stand or other).
The anticipated dates of beginning and ending the described sales activities.
A twenty dollar ($20.00) application fee shall accompany the completed application.
The license provided for by this Article shall be issued only after the City Clerk has determined that all required information and fees have been provided and that the merchandising activity described in the application meets all requirements described herein.
[Ord. No. 186 §4, 5-21-2003]
Any person selling articles of merchandise from a temporary location shall obtain from the owner of that location permission to temporarily locate himself/herself on the property of such person for the purpose of selling articles of merchandise. Such permission shall be in writing and signed by the owner or lessee of the premises. No person holding a solicitor's or peddler's license shall offer merchandise for sale from a temporary location as an itinerant merchant.
Any person selling articles of merchandise from a vehicle or structure shall not place or locate his/her vehicle or structure in a parking lot of a business establishment, unless the remaining parking spaces in such parking lot, not occupied by the itinerant merchant, are at least equal to and not less than the parking required for that business establishment under the zoning laws of the City.
Any itinerant merchant selling articles of merchandise shall locate only in those areas in which there is sufficient room for the merchant's vehicle or structure and the parking of a minimum of three (3) automobiles for customers on the premises where such itinerant merchant is located or in designated on-street parking areas.
An itinerant merchant shall locate for the purpose of selling merchandise only in non-residential zoning districts of the City, including "A-1", "C-1", "C-2", "C-3" and "H". It shall be unlawful for an itinerant merchant to locate in any residential zoning district unless the properly in question is non-residential and is commonly used for similar merchandising activity, whether non-profit or otherwise.
The vehicle or structure from which an itinerant merchant sells articles of merchandise shall not be located within the minimum front, side or rear yards required in the zoning district in which the vehicle is located.
Any sign(s) relating to the merchandising activity must meet all current City ordinances regulating signs.
It shall be unlawful to sell any articles of merchandise from any structure or vehicle or by any other means between the hours of 10:00 P.M. and 6:00 A.M. within the corporate limits of the City.
The itinerant merchants license shall be automatically revoked after a maximum of six (6) consecutive months or six (6) total months within the year after issuance.
[Ord. No. 186 §5, 5-21-2003]
Any license issued pursuant to this Article is automatically revoked and terminated in the event of violation of any provision of this Article.
[Ord. No. 186 §6, 5-21-2003]
Itinerant merchants may be grouped together or occupy, from time to time, pavilions and other structures, whether permanent or temporary, in craft fairs and flea markets, subject to the following rules and regulations:
The pavilions or other structures shall be located only in an "A-1", "C-1", "C-2", "C-3" or "H" zoning district of the City. Further, any such structure must meet all requirements of the uniform State Building Code and the City zoning ordinance for a commercial structure. Further, parking areas meeting the requirements of the City zoning ordinance must be provided.
All signs advertising, identifying or locating the various itinerant merchants located in a structure must be contained wholly within the structure in which the itinerant merchants are located. One (1) commercial sign identifying the craft fair, flea market or pavilion may be constructed pursuant to the sign regulations contained in the zoning ordinance of the City.
Articles of merchandise that are offered to be sold shall be permitted to remain on the premises of such structure during the term of the occupancy thereof by the itinerant merchant.
[Ord. No. 186 §7, 5-21-2003]
The following individuals and activities are exempted from the provisions of this Article:
Churches, civic organizations and non-profit organizations that are tax exempt under the provisions of the Internal Revenue Code are exempt for activities involving craft fairs, flea markets and yard sales; provided that such activities will not be held on more than four (4) days in any twelve (12) month period. Further, a license must be obtained at no cost and the activity must comply with the provisions of Section 605.130.
Children under the age of eighteen (18) years who are students in a public or private school and who conduct door to door solicitations for magazine subscriptions or donations for school activities.
Itinerant merchants offering for sale or selling goods in a craft fair, flea market or pavilion are exempt if the sponsor of the fair or market has obtained the necessary licenses as provided in the Missouri Revised Statutes and the New Melle City ordinances.