[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.
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.
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]
A.
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:
1.
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.
2.
The name and home address of the applicant and/or the name and home
address of any person applying on behalf of the applicant.
3.
If the applicant/business is a corporation, the names of all officers
of the corporation and their addresses.
4.
If the applicant/business is a partnership, the name of all general
partners and their addresses.
5.
If the applicant/business is a sole proprietorship, it shall be specifically
identified as same on the application.
6.
The person in charge of the daily operation of the business.
7.
Whether or not intoxicating beverages of any type are to be sold
at the business address.
8.
The identity of all persons to be employed by the applicant at the
business address.
9.
Any other information deemed necessary by the Board of Aldermen by
their passage of a resolution requiring such information.
B.
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]
A.
Upon
the filing of the annual application with the City Clerk and the payment
of the annual license fee, the City Clerk shall:
1.
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.
2.
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.
3.
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]
A.
The
City Clerk shall issue the occupational and business license to any
business applicant for which the following has been received and met:
1.
A fully completed and notarized application.
2.
Full payment of the annual license fee.
3.
A statement from the City Building Inspector that the building and
premises meet the requirements to issue an occupancy permit.
4.
A statement from the Fire Department District that the building and
premises meet all requirements under its regulations, Codes and ordinances.
5.
A statement from the City Court Clerk that there are no unpaid assessments
of fines and court costs outstanding.
B.
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.
C.
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]
A.
The
license fee imposed by this Chapter shall be as follows:
1.
Automobile body shop or automobile repair shop, per year: $400.00.
2.
A combination of gasoline filling service station and an auto repair
shop, per year: $300.00.
3.
Bakery retail, per year: $100.00.
4.
Book, magazine and paper agency and shop, per year: $50.00.
5.
Children's day nursery or day care center, per year: $100.00.
6.
Contractor, general or sub, per year: $25.00.
7.
Electric, plumbing and sewerage company, per year: $300.00.
8.
Garage, public and storage for auto, per year: $250.00.
9.
Grocery, meat and food market, per year: $300.00.
10.
Insurance agency, per year: $250.00.
11.
Insurance agent, per year: $50.00.
12.
Launderette or laundromat, per machine, per year: $5.00.
13.
Nursing and rest home, per year: $250.00.
14.
Peddler, huckster or solicitor (exclusive of farmer), per year: $50.00.
15.
Real estate broker maintaining an office in the City, per year: $250.00.
16.
Real estate salesman maintaining an office in the City, per year:
$50.00.
17.
Restaurant, per year: $100.00.
18.
Service station, gasoline/diesel filling only, per year: $150.00.
19.
Used car lot, per year: $500.00.
20.
Video games, per machine, per year: $25.00.
21.
Warehouse, only (not moving or storage) per year: $100.00.
22.
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]
A.
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:
1.
Fraud, misrepresentation or any false statement in the application
of the license.
2.
Any violation of this Chapter.
3.
Conviction of any crime or misdemeanor involving moral turpitude.
4.
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.
