[CC 1974 §600.010; Ord. No. 264 §2(600.010), 11-11-1976; Ord. No. 335 §2(600.010), 1-10-1980]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- Every person who holds or purchases personal property for the purpose of adding to the value thereof by any process of manufacturing, refining or by the combination of different materials or commodities or other articles. The term "manufacturer" includes those engaged in treating, processing, refining, improving, combining, fabricating, assembling or otherwise adding to the useability, value or appearance of commodities and other personal property, whether done on order or for sale upon expected or anticipated demand or orders for the manufactured goods.
- Every person doing business in this City who as a practice in the conduct of such business makes or causes to be made any wholesale or retail sales as a jobber of goods, wares, and merchandise to any person, or who renders any services in connection with any such sale, at any store, stand or place in the City; whether such sales shall be accommodation sales, or whether made from stock on hand or ordering goods from another source, or whether the subject of said sales is a different type of goods than those regularly sold by said dealer. The word shall be construed to include merchants of all kinds, including those selling consigned merchandise.
- Any natural person, corporation, partnership, joint venture, unincorporated association, or any other private business or legal entity of every type.
- PERSON IN CHARGE OF THE DAILY OPERATION OF THE BUSINESS
- That person designated by the applicant as being the manager of the business at the business facility within the City. The person designated must be an owner or employee who is regularly on the business premises during the hours it is open for commerce.
- SERVICE OCCUPATION
- All callings, businesses, dealers, trades, avocations, pursuits, occupations, and enterprises, with the exception of merchants and manufacturers and shall include the selling of goods, wares and merchandise other than from a store, stand or place of business in the City; persons dealing in or rendering services of any and all kinds to persons or property, and persons renting or hiring property or facilities to others, and those who conduct activities for which an admission is charged or consideration is received for attendance at performances, shows, spectacles or other events, or for participation in contests or games or for use of facilities or accommodations operated or maintained by such person. The words "service occupation" as used herein shall, when the context requires, be construed to mean persons engaged in a business defined herein as a service occupation. However, the term shall not be construed to include any profession or calling exempted by Section 71.620, RSMo.
[CC 1974 §600.020; Ord. No. 264 §2(600.020), 11-11-1976]
It is the intention of the Board of Aldermen to license and tax under this Chapter, all commercial enterprises whether they may be merchants, manufacturers, businesses, dealers, trades, occupations, pursuits and/or avocations doing business within Velda City.
[CC 1974 §600.030; Ord. No. 264 §2(600.030), 11-11-1976]
It shall be unlawful for any person to exercise or attempt to exercise, engage in or carry on, own, manage, operate or control any commercial enterprise defined within this Chapter as a merchant, manufacturer, or service occupation without having an occupational and business license therefor. Each day of unlawful activity by operating without an occupational and business license shall be considered a separate offense.
[CC 1974 §600.040; Ord. No. 335 §2(600.040), 1-10-1980]
Applications for occupational and business licenses provided in this Chapter shall be made to the City Clerk on forms provided by the City Clerk. The application shall state:
The name to be used by the business, the address at which the business will be conducted within the City, the phone number at the business address, and a brief description of the nature of the business.
The name and home address of the applicant and/or the name and home address of any person applying on behalf of the applicant.
If the applicant/business is a corporation, the names of all officers of the corporation and their addresses.
If the applicant/business is a partnership, the name of all general partners and their addresses.
If the applicant/business is a sole proprietorship, it shall be specifically identified as same on the application.
The person in charge of the daily operation of the business.
Whether or not intoxicating beverages of any type are to be sold at the business address.
The identity of all persons to be employed by the applicant at the business address.
Any other information deemed necessary by the Board of Aldermen by their passage of a resolution requiring such information.
The person making the application shall state under his/her oath to the City Clerk that the information contained therein is true and accurate to the best of his/her knowledge, information and belief.
[CC 1974 §600.043; Ord. No. 335 §2(600.043), 1-10-1980]
All communications, letters, notices, warnings and summons required under any City ordinance or State Statutes shall be sufficiently served upon the business if they are mailed or personally delivered (as may be required) to the person in charge of the daily operation of the business at the business address within the City.
[CC 1974 §600.047; Ord. No. 335 §2(600.047), 1-10-1980]
Upon the filing of the annual application with the City Clerk and the payment of the annual license fee, the City Clerk shall:
Notify the City Building Inspector so that he/she may conduct an inspection to determine whether the business building and premises are in compliance with the requirements to issue an occupancy permit and all other ordinances applicable to the building and premises.
Notify the Fire Department District within which the business building and premises are situated so that it may conduct an inspection to determine whether the business building and premises are in compliance with the regulations, Codes and ordinances of the Fire District.
Notify the City Court Clerk to determine whether there remain any outstanding and unpaid fines and court costs that had been assessed against the business on complaints and information issued against the business.
[CC 1974 §600.050; Ord. No. 335 §2(600.050), 1-10-1980]
The City Clerk shall issue the occupational and business license to any business applicant for which the following has been received and met:
A fully completed and notarized application.
Full payment of the annual license fee.
A statement from the City Building Inspector that the building and premises meet the requirements to issue an occupancy permit.
A statement from the Fire Department District that the building and premises meet all requirements under its regulations, Codes and ordinances.
A statement from the City Court Clerk that there are no unpaid assessments of fines and court costs outstanding.
So long as the applicant fails to meet any of the above requirements, its annual occupational and business license may be issued only under the authority of the Board of Aldermen after request by the applicant. The Board may allow or deny the license, or may issue a temporary license premised upon such conditions or predictions as it deems necessary and as are agreed to in writing by the applicant.
The occupational and business license shall be effective from January first (1st) through December thirty-first (31st) of the year in which it is issued and the license shall be on such forms as are provided by the City Clerk.
[CC 1974 §600.060; Ord. No. 264 §2(600.060), 11-11-1976]
All occupational and business licenses issued by the City Clerk shall be conditionally effective until approved or denied by the Board of Aldermen. The application shall be presented to the Board of Aldermen by the City Clerk at the next regular monthly meeting following the date of the application, if possible, at which time the applicant or his/her representative shall have the right to appear and provide any additional information requested by the Board of Aldermen. Upon approval by the Board of Aldermen, the license shall remain in effect subject to renewal and revocation.
[CC 1974 §600.070; Ord. No. 264 §2(600.070), 11-11-1976]
The license may be renewed annually for each successive calendar year upon payment of the annual license fee for the commercial enterprise which shall be due on or before January second (2nd) of the calendar year for which the license is to be in force, and upon confirmation that the information in the original application remains wholly true and accurate, or upon correction of the information in the application so that it is wholly true and accurate at the date of renewal.
[CC 1974 §600.080; Ord. No. 264 §2(600.080), 11-11-1976]
It shall be unlawful to give a false statement on the application for an occupational and business license. It shall be the duty of the City Clerk to carefully examine all statements filed with him/her and to prosecute all violations of the Chapter according to law; provided that before instituting any such prosecution, he/she shall give such person an opportunity of explaining the statement and correcting it if inadvertently made.
[CC 1974 §600.090; Ord. No. 380 §2(600.090), 5-9-1984]
The license fee imposed by this Chapter shall be as follows:
Automobile body shop or automobile repair shop, per year: $400.00.
A combination of gasoline filling service station and an auto repair shop, per year: $300.00.
Bakery retail, per year: $100.00.
Book, magazine and paper agency and shop, per year: $50.00.
Children's day nursery or day care center, per year: $100.00.
Contractor, general or sub, per year: $25.00.
Electric, plumbing and sewerage company, per year: $300.00.
Garage, public and storage for auto, per year: $250.00.
Grocery, meat and food market, per year: $300.00.
Insurance agency, per year: $250.00.
Insurance agent, per year: $50.00.
Launderette or laundromat, per machine, per year: $5.00.
Nursing and rest home, per year: $250.00.
Peddler, huckster or solicitor (exclusive of farmer), per year: $50.00.
Real estate broker maintaining an office in the City, per year: $250.00.
Real estate salesman maintaining an office in the City, per year: $50.00.
Restaurant, per year: $100.00.
Service station, gasoline/diesel filling only, per year: $150.00.
Used car lot, per year: $500.00.
Video games, per machine, per year: $25.00.
Warehouse, only (not moving or storage) per year: $100.00.
Any other business not denominated or defined as any of the above, per year: $125.00.
[CC 1974 §600.100; Ord. No. 264 §2(600.100), 11-11-1976]
The fees for occupational and business licenses issued under this Chapter for commercial enterprises beginning on or after May first (1st) in any year shall be two-thirds (⅔) the annual license fee and for a commercial enterprise beginning on or after September first (1st) in any year shall be one-third (⅓) the annual license fee.
[CC 1974 §600.110; Ord. No. 264 §2(600.110), 11-11-1976]
The City Clerk shall keep the original of all applications made under this Chapter and shall keep a record of all licenses granted, denied, renewed, revoked, receipts for the payments of the annual license fees, and the dates of all of these foregoing items.
[CC 1974 §600.120; Ord. No. 264 §2(600.120), 11-11-1976]
Nothing in this Chapter shall be construed as authorizing any person to sell intoxicating liquors by virtue of any license issued under this Chapter.
[CC 1974 §600.130; Ord. No. 264 §2(600.130), 11-11-1976]
No license issued under the provisions of this Chapter shall be assignable or transferable from one person to another nor from one (1) device or business to another including replacement devices.
[CC 1974 §600.140; Ord. No. 264 §2(600.140), 11-11-1976]
No license issued pursuant to this Chapter shall be construed to permit the person to whom it was issued to carry on the business or occupation for which the license was obtained at more than one (1) store, place or stand at the same time within the City. A separate license shall be obtained and separate taxes shall be paid for each store, place, or stand within the said City.
[CC 1974 §600.150; Ord. No. 264 §2(600.150), 11-11-1976]
All occupational and business licenses issued under this Chapter shall be prominently displayed in an unobstructed, conspicuous position at the place of business.
[CC 1974 §600.160; Ord. No. 264 §2(600.160), 11-11-1976]
Licenses issued under the provisions of this Chapter may be revoked by the Board of Aldermen, after notice and hearing, for any of the following causes:
Fraud, misrepresentation or any false statement in the application of the license.
Any violation of this Chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
[CC 1974 §600.170; Ord. No. 264 §2(600.170), 11-11-1976]
Notice of the hearing of the revocation of a license issued pursuant to this Chapter, shall be in writing, setting forth the grounds of the complaint and the time and place of hearing. The notice shall be mailed, postage prepaid, to the licensee at the business address stated in the application for the license at least ten (10) days before the date set for the hearing.
[CC 1974 §600.180; Ord. No. 264 §2(600.180), 11-11-1976]
Revocation of a license issued pursuant to this Chapter may be in addition to any other fine or penalty imposed under this Code.