Article I General Regulations
Article II Miscellaneous Business Regulations
[CC 2001 §5.04.010; Ord. No. 5.01A §1, 5-24-1967]
It is unlawful for any person, persons, firm, co-partnership, association or corporation to do or engage in any of the various businesses, employments, occupations, agencies, amusements or exhibitions or own, manage, operate or control any of the matters and things hereinafter listed and provided for unless the person, persons, firm, co-partnership, association or corporation shall first apply to the City Clerk for a license, and if the Clerk is convinced that the applicant has complied with any and all ordinances of the City governing the issuance of a license to do or engage in the matter or things in which the license is applicable for, he or she shall issue to the applicant a license upon payment of the proper license tax or occupation tax as hereinafter set out.
The possession of a retail sales license and a statement from the Department of Revenue that the licensee owes no tax due under Sections 144.010 to 144.510, RSMo., or Sections 143.191 to 143.261, RSMo., shall be a prerequisite to the issuance or renewal of any City occupation license which is required for conducting any business where goods are sold at retail. The date of issuance on the statement that the licensee owes no tax due shall be no more than ninety (90) days before the date of submission for application or renewal of the local license. The revocation of a retailer's license by the Director shall render the occupational license null and void.
[CC 2001 §5.04.020; Ord. No. 5.01A §2, 5-24-1967; Ord. No. 201728, 9-11-2017; Ord. No. 201815, 6-11-2018]
The base license tax and/or base occupational tax per year as identified in Section 605.010 shall be fifty dollars ($50.00) for all business and/or occupations operated and/or maintained within the City limits of the City of Bonne Terre, Missouri, notwithstanding any other Section contained in this Chapter. This base license tax and/or occupation tax shall apply to all business and/or occupations as identified in Section 605.050.
Should any entity that is required to pay a license tax and/or occupation tax, pursuant to any Section of this Chapter, fail to pay the license tax and/or occupation tax when due, said entity shall be assessed a late fee in the sum of twenty-five dollars ($25.00) for each calendar month the tax remains unpaid. The late fee as stated herein shall be assessed on the last business day of each calendar month, until all late fees and the tax are paid in full. All payments made by a delinquent entity shall be first applied to the amount due for the license tax and/or occupational tax and then to any late fees assessed upon said entity.
No entity shall be issued a new business license or renewal of their current license if any amount is due for previous years license tax or late fees.
Editor's Note: Former Section 605.030, Amount of License, was at least in part Superseded by the provisions adopted by Ord. Nos. 201728 and 201815. After consultation with the City this Section has been removed from the City Code to avoid any potential for conflict. For any questions regarding a business license fee, see Section 605.020 or the City Clerk for additional information.
[CC 2001 §5.04.040; Ord. No. 5.01A §4, 5-24-1967]
The business license for rented property shall be computed as follows:
Trailer parks and courts: $5.00 base plus $5.00 per rented space.
Editor's Note: Former Section 605.050, Amount of License for Unclassified Businesses, was specifically amended 9-11-2017 by Ord. No. 201729 to repeal, in so far as the amounts listed in such Section conflicted with the provisions of Section 605.020. After consultation with the City this Section has been removed in full from the Code to avoid any potential for conflict. For any questions regarding a business license fee, see Section 605.020 or the City Clerk for additional information.
[CC 2001 §5.04.060; Ord. No. 5.01A §6, 5-24-1967; Ord. No. 201819, 6-11-2018]
All licenses are to be paid in advance and are to be issued at the expiration date of the old license. The license year shall begin on August first (1st) of each year and end on July thirty-first (31st) of each year.
[CC 2001 §5.04.070; Ord. No. 5.01A-1 §1, 11-14-1997]
No person shall be issued a business license if there are any outstanding obligations owed to the City.
[CC 2001 §5.04.080; Ord. No. 5.01A §7, 5-24-1967]
The license granted by the City shall be carefully preserved and be displayed in a conspicuous place in the place of business for which it was issued.
[CC 2001 §5.04.090; Ord. No. 5.01A §8, 5-24-1967]
The City Clerk shall notify the City Administrator of any licensee's failure to pay the license tax as provided for in this Chapter and the Manager shall immediately initiate proceedings for collection of the tax due the City and prosecution of the violator.
[CC 2001 §5.04.100; Ord. No. 5.01A §9, 5-24-1967; Ord. No. 201820, 6-11-2018]
Any person not previously engaged in business in the City shall apply for a license before commencing business. Such license shall be issued until August first (1st) next following the date of application. The cost of the license shall be arrived at by dividing the cost of annual license by twelve (12) and multiplying this amount by the number of months or partial months between the date of the application and the August first (1st) next following; provided, such license tax shall not be less than twenty-five percent (25%) of the annual amount of the license tax.
[CC 2001 §5.04.110; Ord. No. 5.01A §10, 5-24-1967]
Any licensee or his/her agent found making a false statement which results in a reduction of the license tax shall incur a penalty of fifty percent (50%) of the current amount found to be due in addition to the amount due and any license issued to any such licensee shall be subject to revocation, if so determined by the City Council.
[CC 2001 §5.04.120; Ord. No. 5.01A §§11 — 12, 5-24-1967]
The City Clerk shall classify all applicants for licenses, putting them into appropriate classes and issuing appropriate license to them.
If any applicant be dissatisfied with the classification given to him or her by the City Clerk, then he or she shall pay such license tax under protest and at the next regular City Council meeting seek a ruling from the Council. Any ruling by the Council shall be final. If such ruling differ from that of the Clerk, then the Clerk shall refund or collect from the applicant any amount owing or owed.
[CC 2001 §5.04.130; Ord. No. 5.01A §13, 5-24-1967]
Non-profit businesses as defined below shall be exempt from this tax. It shall be the duty of the Clerk to so classify any non-profit business if, in his/her opinion, it falls within the definition as set out below.
"Non-profit business", when used in this Section, shall mean any person, company or corporation who shall engage in any form of business not primarily for profit, but as a public service.
[CC 2001 §5.04.140; Ord. No. 5.01A §14, 5-24-1967]
The terms and designations "person(s)", "firm", "co-partnership", "association" and "corporation" shall mean, include and be legally binding on any individual, association, joint stock company, syndicate, co-partnership, corporation (either local or foreign), receiver, trustee, conservator or any officer appointed by any State or Federal court.
[CC 2001 §5.04.150; Ord. No. 5.01A §15, 5-24-1967]
This Chapter and all Sections or parts of Sections thereof applies to all persons, person, firms, co-partnerships, association or corporations, whether resident or non-resident, provided they transact any business of any kind or nature within the corporate limits of the City, irrespective of how the business is conducted.
[CC 2001 §5.04.160; Ord. No. 5.01A §16, 5-24-1967]
It shall be the duty of the City Clerk to collect all monies for licenses issued under the provisions of this Chapter and to keep an accurate register of all such licenses issued by him/her under the provisions of this Chapter in such form as will clearly show what licenses are in force, to whom issued, the occupation, business, object or subject for which issued, the term for which issued and the amount paid.
[CC 2001 §5.04.170; Ord. No. 5.01A §17, 5-24-1967]
It is the duty of the City Clerk to see that all the ordinances relating to licenses are fully complied with, to collect all license fees and license taxes and file complaints against all persons known by him/her to be violating any of the provisions of this Chapter.
[CC 2001 §5.04.180; Ord. No. 5.01A §18, 5-24-1967]
It shall be the duty of the Police Officer of the City to aid in the enforcement of this Chapter and to promptly report any violation thereof to the City Clerk. The Police Officer shall have authority to enter any place wherein any business, trade, vocation or occupation requiring to be licensed under the provisions of this Chapter is being carried out or conducted during business hours, to ascertain whether this Chapter or any other ordinance of this City is being violated.
[CC 2001 §5.04.190; Ord. No. 5.01A §19, 5-24-1967; Ord. No. 201814, 6-11-2018]
Separate License Required When. Whenever any person shall conduct any business requiring a license at two (2) or more stands, stores or places which are not connected the one with the other and which are not under one (1) roof, such person shall obtain a separate license for each stand, store or place at which business is conducted.
[CC 2001 §5.04.200; Ord. No. 5.01A §20, 5-24-1967]
Any person operating under a City license shall exhibit to any City Official or his or her deputy or assistant upon demand.
[CC 2001 §5.04.210; Ord. No. 5.01A §21, 5-24-1967]
Prosecution and proceeding in the Municipal Court for violation of the provisions of this Chapter may be held as in cases of violation of other ordinances of the City, but no such prosecution in the Police Court shall be a bar to a suit by the City at the discretion of the City Clerk in any court of competent jurisdiction for collection of any such license tax due the City under the provisions of this Chapter as a debt.
[CC 2001 §5.04.220; Ord. No. 5.01A §22, 5-24-1967]
All licenses issued by the City shall be deemed to be mere personal privileges and shall not be transferable or assignable without the consent of the City Council. All licenses are revocable at any time by the City Council, upon satisfactory proof that the licensee has violated any of the ordinances of the City or of the Federal or State Statutes relating to the business or acts done or services sold or offered for sale in the City or has been practicing any fraud upon the public or has been selling for animals or human beings any unwholesome or unfit substance or shall conduct a business not covered by his or her license or has been conducting any immoral or disorderly place or business or has been conducting any place of business dangerous to public health or safety or detrimental to public morals. If any license be terminated by revocation, death of licensee or other cause, all fees or taxes paid the City therefor shall be forfeited to the use of the City. No person whose license has been revoked by the City Council shall hereafter be entitled to engage in the business or do the acts for which said license was issued in the City unless the Council for good cause shall remove such disqualification.
[CC 2001 §5.04.230; Ord. No. 5.01A §23, 5-24-1967]
Any business which shall inadvertently fail to procure a business license tax as herein required shall upon application pay to the Clerk a penalty of two dollars ($2.00) for each month or part of a month that the business has delayed in procuring the license; provided, the applicant has been notified in writing thirty (30) days prior to due date of license.
[CC 2001 §5.04.250; Ord. No. 5.01A §25, 5-24-1967; Ord. No. 5.01A-3 §§1 — 2, 10-19-1993]
No license required under the provisions of this Chapter shall be issued by the City Clerk's office 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 this liability under Chapter 287, RSMo. It is further made a violation of this Chapter to provide fraudulent information to the City Clerk's office.
Nothing in this Section shall be constructed to create or constitute a liability to or a cause of action against the City in regard to the issuance or non-issuance of any license for failure to provide evidence of Workers' Compensation coverage.
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 Bonne Terre.
[CC 2001 §5.28.020; Ord. No. 2003-06 §1, 7-8-2003]
It is declared unlawful in the City to conduct a yard sale, garage sale, rummage sale or similar activity at any residential location without a permit to do so. The permits are to be issued by the City Clerk for the sum of one dollar ($1.00) per day. Said permit shall be issued for two (2) consecutive days, provided however, no said sale shall be conducted on Sunday. No person shall conduct more than three (3) said sales annually.
It is unlawful and constitutes an ordinance violation to affix any type of temporary sign, poster or notice to any post, tree, pole or utility pole on any right-of-way within the City.
Penalty. Violation of any provision of this Section may be punished by a fine of not less than one hundred dollars ($100.00) or more than three hundred dollars ($300.00).