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.
A.
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.
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.
[Ord. No. 26 §§1, 3, 9-6-1984; Ord. No. 333 §1, 9-10-2012]
A.
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).
B.
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.
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 New Melle.
A.
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.
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Revocation of any license shall be in addition to any other
penalty or penalties which may be imposed pursuant to these provisions.
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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. 333 §1, 9-10-2012]
A.
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).
B.
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:
Anything of value offered for sale to the public by any person.
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]
A.
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.
B.
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.
C.
The
written license application presented to the City Clerk shall include
the following information:
1.
A description of the merchandise to be sold.
2.
The location where merchandise is to be displayed and sold.
3.
If merchandise is to be sold from a temporary location, the permission,
in writing, of the property owner.
4.
A description of the structure(s) used to display and/or protect
the merchandise (e.g., existing building, tent, open stand or other).
5.
The anticipated dates of beginning and ending the described sales
activities.
D.
A twenty
dollar ($20.00) application fee shall accompany the completed application.
E.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Any
sign(s) relating to the merchandising activity must meet all current
City ordinances regulating signs.
G.
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.
H.
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]
A.
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:
1.
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.
2.
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.
3.
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]
A.
The
following individuals and activities are exempted from the provisions
of this Article:
1.
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.
2.
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.
3.
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.
