Section 605.060 Payment Of Personal And Merchants' Tax Prerequisite To Issuance Of License Or Permit — Checking Unpaid Taxes.
[R.O. 2013 § 610.010; Ord. No. 71-6 § 1]
All of the various objects, occupations, professions, trades, avocations and businesses within the City specified by this Article shall be licensed, taxed, regulated or prohibited under and by virtue of the authority granted to the City as a City of the Fourth Class by and in accordance with Chapter 94, RSMo., as herein specifically provided.
[R.O. 2013 § 610.020; Ord. No. 71-6 § 2]
No person shall conduct, pursue, carry on or operate within the City any trade, profession, calling, business, vocation, avocation or occupation specified by this Article without securing in advance the license and paying in advance the license tax prescribed and levied by this Article.
[R.O. 2013 § 610.025; Ord. No. 93-46 §§ 1 — 2, 8-9-1993]
No license required under the provisions of this Article shall be issued by the City Collector 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 his liability under Chapter 287, RSMo. It is further made a violation of this Article to provide fraudulent information to the City Collector.
Nothing in this Article shall be construed 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.
[R.O. 2013 § 610.030; Ord. No. 71-6 § 3]
Every person to whom a license is issued under the provisions of this Article shall keep such license conspicuously posted and displayed at the place of business for which such license is issued.
[R.O. 2013 § 610.040; Ord. No. 71-6 § 4]
It shall be the duty of the City Collector to collect all money for licenses issued under the provisions of this Article. The City Collector shall keep a complete and accurate account and list of all such licenses issued by him so that at any time such list will clearly show what licenses have been issued and the amount paid.
Section 605.060 Payment Of Personal And Merchants' Tax Prerequisite To Issuance Of License Or Permit — Checking Unpaid Taxes.
[R.O. 2013 § 610.050; Ord. No. 71-6 § 5]
No license or permit provided for or required under any provision of this Code or other ordinance of the City shall be issued by the City to any person until the City personal tax and merchant's tax for the year next preceding the year for which such license is issued shall first have been paid.
It shall be the duty of the City Collector to establish and promulgate rules and regulations relative to an orderly method of checking unpaid personal taxes and merchants' taxes in order to determine the amounts due and owed to the City by any such applicant.
The possession of a statement from the Department of Revenue stating no tax is due under Sections 143.191 to 143.265, RSMo., or Sections 144.010 to 144.510, RSMo., shall be a prerequisite to the issuance or renewal of any City occupation license required for conducting any business where goods are sold at retail. The statement of no tax due shall be dated no longer than ninety (90) days before the date of submission for application or renewal of the City license.
[R.O. 2013 § 610.060; Ord. No. 71-6 § 6]
All business licenses granted under the provisions of this Article shall commence on June 1, in each year and shall expire on May 31, of the year following the date of issuance, except as otherwise expressly provided. The amount collected for any license issued after June 1, and before May 31, of the following year shall be in such proportion to the fixed rate for a one-year license as the length of time for which such license is issued bears to one year, unless otherwise provided for, and in pro-rating the amount of license tax to be paid for any period less than one (1) year, a fraction of a month shall be counted as a whole month.
[R.O. 2013 § 610.070; Ord. No. 71-6 § 7]
No license granted under the provisions of this Article shall be assigned or transferred and no refund shall be made on any license when the person to whom such license is issued discontinues or retires from the business for which the license was issued.
[R.O. 2013 § 610.080; Ord. No. 71-6 § 8]
All licenses issued by the City shall run in the name of the City, be signed by the Collector, be attested by the City Clerk and bear the Seal of the City. The form of such license shall designate to whom issued, for what purpose, the business, trade, vocation or avocation for which issued, the period of time for which issued and the amount paid.
[R.O. 2013 § 610.085; Ord. No. 01-15 § 1, 4-9-2001]
The Mayor and Board of Aldermen shall have the power and authority to regulate and to license, levy and collect license fees and taxes as set forth in Section 94.270, RSMo. The enforcement and collection of all license fees and taxes shall be as authorized by Section 94.310, RSMo.
[R.O. 2013 § 610.090; Ord. No. 71-6 §§ 11 — 13; Ord. No. 80-36 §§ 1, 2, 11-3-1980; Ord. No. 82-5 § 1, 5-10-1982; Ord. No. 87-10 § 2, 7-13-1987; Ord. No. 92-55 § 2, 12-14-1992; Ord. No. 97-23 § 1, 6-23-1997]
Annual License Taxes. Any person who is engaged in any of the following businesses, trades, occupations, professions or avocations in the City shall pay to the City an annual license tax in the amounts specified below:
Per Diem License Taxes. Any person engaged in any of the following businesses, trades, occupations, professions or avocations in the City shall pay to the City a per diem license tax in the amounts indicated below:
[R.O. 2013 § 610.100; Ord. No. 143, §§ 2, 4, 5; Ord. No. 71-6 § 10; Ord. No. 82-5 § 2, 5-10-1982]
"Merchant" Defined. The term "merchant" as used in this Article is defined as any person who shall deal in the retail selling of any goods, wares or merchandise at any store, stand or place occupied and maintained for that purpose within the City; provided, that this definition shall apply only to those businesses not otherwise designated, defined or named in this Article.
License Fee. Each merchant shall pay as a license the sum of twenty dollars ($20.00) per year for each business place or stand kept by him within the City.
Failure To Obtain Or Delinquency In Purchasing License. Any merchant who shall keep a business place or stand within the City without first procuring a merchant's license, in addition to the penalty for such failure provided by Section 605.160, shall be guilty of an ordinance violation and shall be punished as provided for in Subsection (E) of this Section.
Sales Tax Number; Performance Bond. Before receiving a license, each merchant shall furnish a sales tax number to the authority issuing the merchant's license and shall post a performance bond.
[R.O. 2013 § 610.110; Ord. No. 143 § 3]
All merchants' licenses shall run from June 1, or if taken out after the first day of June, from the day so taken out, until the next May 31 and all fractional parts of a year shall be considered a year, unless otherwise provided.
[R.O. 2013 § 610.120; Ord. No. 137 § 2]
Every person owning, operating or running a moving picture show in the City shall pay a license fee therefor, the amount per year established by Subsection (A) of Section 605.110, in addition to the regular merchant's license fee, which shall be paid by the person owning, operating or running such picture show if merchandise is sold in addition to the regular admission.
[R.O. 2013 § 610.130; Ord. No. 177]
An operator of vending machines shall pay the license tax for one (1) merchant's license only, and the placement of machines in the several business places owned by persons other than the vending machine operator shall not be construed to mean more than one (1) place of business as to the vending machine operator.
[R.O. 2013 § 610.140; Ord. No. 143 § 4]
Any person who is operating a business for which a business or merchant's license is required pursuant to this Article or any other ordinance of the City, and who fails to obtain a license, shall pay as a penalty for his failure to obtain such license the sum of five dollars ($5.00) per month, or fractional part of a month, for each calendar month or fractional part of a calendar month that such person shall be delinquent in purchasing such license, and no license shall be granted to such person until the regular license fee is paid, together with the penalty as herein provided. Such penalty shall be in addition to all other penalties provided for under this Article and all other laws or ordinances of the City.
[R.O. 2013 § 610.150; Ord. No. 66-6 §§ 1, 2]
No merchant's license shall be issued or continued in operation to owners or operators of taxicabs, and no automobile license shall be issued for any motor vehicle used as a taxicab within the City, unless there is in full force and effect a policy of insurance for each vehicle authorized in the amounts of twenty-five thousand dollars ($25,000.00) for bodily injury to any one (1) person, fifty thousand dollars ($50,000.00) for injuries to more than one (1) person which were sustained in the same accident and five thousand dollars ($5,000.00) for property damage resulting from any one (1) accident. Such insurance policy shall insure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of the owner of the taxicab, or his agents, servants and employees.
Prior to the issuance of a merchant's license or automobile license for taxicab operation, the City Clerk shall require the owner of such business or taxicab to make an affidavit, which may be acknowledged before the City Clerk, that the owner has complied with this Section.
[R.O. 2013 § 610.160; Ord. No. 71-6 § 14]
Every person who shall own or operate, or both own and operate, coin-operated gaming machines or gaming devices in the City shall pay a license tax of five dollars ($5.00) per year per machine, provided that the City Collector shall not be empowered or authorized to prorate such license tax.
The term "gaming device" shall include coin-operated machines ostensibly designed for amusement which, however, are so designed as to log, tabulate or otherwise record the number of replays to which the player under certain circumstances is entitled.
[R.O. 2013 § 612.010; Ord. No. 09-26 § 1, 7-13-2009]
As used in this Article, the following terms shall have the indicated meaning:
- Includes any person, whether a resident of the City or not, traveling by foot, wagon, automobile vehicle or any other type of conveyance, from place to place, house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products, provisions or offering services or labor, offering and exposing the same for sale or making sales and performing services or delivering articles to purchasers or who, without traveling from place to place, shall sell or offer to provide the services or offering the same for sale from an automotive vehicle, trailer, railroad car or other vehicle or conveyance and one who solicits orders for products or services and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this Article. The word "peddler" shall include the words "hawker" and "huckster."
- Any individual, whether a resident of the City or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed immediately or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he/she is collecting advance payments on such sales or not; provided that such definition shall not include any person who, for himself/herself or for another person, hires, leases, uses or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.
- TRANSIENT MERCHANT, ITINERANT MERCHANT or ITINERANT VENDOR
- Any person, whether as owner, agent, consignee or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, services, labor, wares or merchandise within the City and who, in furtherance of such purposes, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad box car or boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the City for the exhibition and sale of such services, goods, wares and merchandise; provided that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this Article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer.
[R.O. 2013 § 612.020; Ord. No. 09-26 § 1, 7-13-2009]
No licensee under this Article, nor anyone in his/her behalf, shall shout, make any outcry, blow a horn, ring a bell or use any other sound device, including any loud speaking radio or amplifying system, upon any of the streets, alleys, parks or other public places of the City or upon any private premises in the City where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places for the purposes of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
[R.O. 2013 § 612.030; Ord. No. 09-26 § 1, 7-13-2009]
No licensee under this Article shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he/she be permitted to operate in any congested area where his/her operations might impede or inconvenience the public. For the purposes of this Article, the judgment of a Police Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
[R.O. 2013 § 610.170; Ord. No. 113]
No person who has secured a peddler's, hawker's or mercantile agent's license shall be permitted to sell merchandise either as a peddler or hawker, or solicit orders to sell merchandise as a mercantile agent, in the territory of the City on the following streets, or parts thereof:
[R.O. 2013 § 612.040; Ord. No. 09-26 § 1, 7-13-2009]
It shall be the duty of the Police Officers of the City to require any person seen soliciting or peddling, who is not known to such officer as to be duly licensed, to produce his/her solicitor's or peddler's license and to enforce the provisions of this Article against any person found to be violating same and to determine all places of business and persons in their respective territories and to examine all places of business and persons in their respective territories, subject to the provisions of this Article, to determine if this Article has been complied with.
[R.O. 2013 § 612.050; Ord. No. 09-26 § 1, 7-13-2009]
The Chief of Police shall report to the City Clerk all convictions for violation of this Article and the City Clerk shall maintain a record for each license issued and record the reports of violation therein.
[R.O. 2013 § 612.060; Ord. No. 09-26 § 1, 7-13-2009]
The provisions of this Article shall apply only to those persons or corporations actually engaged in the business of soliciting for profit and shall not apply to any tax exempt not-for-profit persons, associations or corporations.
[R.O. 2013 § 612.070; Ord. No. 09-26 § 1, 7-13-2009]
Notwithstanding other provisions of this Article to the contrary, any entity licensed under this Article shall be limited to the hours of solicitation, peddling or providing service or labor from 9:00 A.M. to one-half (1/2) hour past sunset, central time zone.
[R.O. 2013 § 612.080; Ord. No. 09-26 § 1, 7-13-2009]
It shall be unlawful for any peddler, solicitor and transient and itinerant merchant and vendor, as defined in Section 605.200 of this Article, to engage in such business within the corporate limits of the City without first obtaining a license therefor in compliance with the provisions of this Article.
[R.O. 2013 § 612.090; Ord. No. 09-26 § 1, 7-13-2009]
Applicants for license under this Article, whether a natural person, firm or corporation, shall file a written sworn application signed by the applicant (in duplicate on a form supplied by the City Clerk) if an individual, by all partners if a partnership and by the president if a corporation with the City Clerk showing:
The name or names of the person or persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the City; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person for whose account the business will be carried on, if any; and if a corporation, under the laws of what State the same is incorporated;
The fingerprints of the applicant and the person or persons having the management or supervision of applicant's business;
The place or places in the City where it is proposed to carry on applicant's business and the length of time during which it is proposed that such business shall be conducted;
The place or places, other than the permanent place of business of the applicant, where applicant within the six (6) months next preceding the date of such application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;
A brief description of the nature of the business, services provided and the goods to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant;
If employed, the name and address of employer, together with credentials establishing the exact relationship;
If a vehicle is to be used, a description of the same, together with license number or other means of identification;
The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of delivery. If the product is services or labor, evidence of compliance with the laws of the State of Missouri with regard to Workers' Compensation insurance coverage, registration with the State of Missouri for tax numbers and evidence of liability and property damage insurance coverage in an amount of not less than five hundred thousand dollars ($500,000.00) per occurrence;
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefore;
A brief statement of the nature and character of advertising done or proposed to be done in order to attract customers and, if required by the City Clerk, copies of all such advertising, whether by handbills, circular, newspaper advertising or otherwise, shall be attached to such application as exhibits thereto;
Credentials for the person for which the applicant proposes to do business, authorizing the applicant to act as such representative;
Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business or the method or plan of doing such business as the City Clerk may deem proper to fulfill the purpose of this Article in the protection of the public good.
[R.O. 2013 § 612.100; Ord. No. 09-26 § 1, 7-13-2009]
At the time of the filing of the application for a license required by this Article, a fee of ten dollars ($10.00) shall be paid to the City Clerk to cover the cost of investigation.
Upon receipt of such application, the original shall be referred to the Chief of Police who shall cause such investigation of the applicant's business and moral character to be made as he/she deems necessary for the protection of the public good.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his/her disapproval and his/her reasons for the same and return the application to the City Clerk who shall notify the applicant that his/her application is disapproved and that no license will be issued.
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his/her approval and return such approval, along with the application, to the City Clerk who shall, upon payment of the prescribed license fee, issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in the business. The Clerk shall keep a permanent record of all licenses issued, the place where such business may be carried on under such license and the name or names of the person or persons authorized to carry on the same.
[R.O. 2013 § 612.110; Ord. No. 09-26 § 1, 7-13-2009]
Before any license, as provided by this Article, shall be issued for engaging in the businesses as defined in Section 605.200 of this Article in the City, such applicant shall file with the City Clerk a bond running to the City in the sum of ten thousand dollars ($10,000.00) executed by the applicant as principal and a surety bond upon which service of process may be made in the State; such bond to be approved by the City Attorney conditioned that the applicant shall comply with all of the provisions of the ordinances of the City and the Statutes of the State, regulating and concerning the sale of goods, wares and merchandise and will pay all judgments rendered against such applicant for any violation of such ordinances or Statutes or any of them, together with all judgments and costs that may be recovered against him/her by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether such misrepresentations or deceptions were made or practiced by the owners or by their servants, agents or employees, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof and guaranteeing to any citizen of the City that property purchased will be delivered according to the representations of the applicant. Action on the bond may be brought in the name of the City to the use of the aggrieved person. Such bond must be approved by the City Attorney, both as to form and as to the responsibility of the sureties thereon.
[R.O. 2013 § 612.120; Ord. No. 09-26 § 1, 7-13-2009]
The license fee which shall be charged by the City for the license required by this Article shall be forty dollars ($40.00) per calendar year or any portion thereof for each person defined as a solicitor, peddler, transient merchant, itinerant merchant or itinerant vendor and forty dollars ($40.00) per year or any portion thereof for each helper or assistant to those using vehicles, which helpers must procure the permit and license as herein provided for transient merchants, itinerant merchants or itinerant vendors. All solicitors and peddlers must obtain a separate license.
No fee shall be required of one selling products of the farm or the orchard actually produced by the seller.
None of the license fees provided for by this Article shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he/she may apply to the Mayor for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his/her method of business and the gross volume or estimated gross volume of business and such other information as the Mayor may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Mayor shall then conduct an investigation comparing applicant's business with other businesses of like nature and shall make findings of fact from which he/she shall determine whether the fee fixed by this Article is unfair, unreasonable or discriminatory as to the applicant's business and shall fix as the license fee for the applicant an amount that is fair, reasonable and non-discriminatory or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the Mayor shall have the power to base the fee upon a percentage of gross sales or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Subsection (A) of this Section. Should the Mayor determine the gross sales measure of the fee to be the fair basis, he/she may require the applicant to submit, either at the termination of the applicant's business in the City or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefore, provided that no additional fee during any one (1) calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in Subsection (A) of this Section.
[R.O. 2013 § 612.140; Ord. No. 09-26 § 1, 7-13-2009]
Before any license as provided in this Article shall be issued for engaging in the businesses defined in Section 605.200 of this Article in the City, the applicant shall file with the City Clerk, or the person performing the duties of such position, his/her true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the business transacted under such license and the bond given as required by Section 605.310 of this Article or for the performance of the conditions of such bond or for any breach thereof, which instrument shall also contain recitals to the effect that such applicant for such license consents and agrees that service of a notice of process may be made upon such agent and when so made shall be taken and held to be as valid as if personally served upon the person applying for the license under this Article, according to the law of this or any other State and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the City Clerk, as herein provided, the City Clerk shall send to the licensee at his/her last known address, by registered mail, a copy of such process.
[R.O. 2013 § 612.150; Ord. No. 09-26 § 1, 7-13-2009]
Peddlers and solicitors are required to exhibit their licenses at the request of any citizen and itinerant or transient merchants or vendors shall post conspicuously in the place of business named in their license, the original of their license. In the event that such person or persons applying for such license shall desire to do business in more than one (1) place within the City, separate licenses shall be issued for each place of business and shall be posted conspicuously in each place of business.
[R.O. 2013 § 612.160; Ord. No. 09-26 § 1, 7-13-2009]
No license issued under the provisions of this Article shall be used at any time by any person other than the one to whom it was issued.
[R.O. 2013 § 612.170; Ord. No. 09-26 § 1, 7-13-2009]
The licenses issued pursuant to this Article may be revoked by the City Clerk after notice and hearing for any of the following causes:
Any fraud, misrepresentation or false statement contained in the application for license;
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise;
Any violation of this Article;
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or
Conducting the business licensed under this Article in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of hearing for revocation of a license shall be given, in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his/her last known address, at least five (5) days prior to the date set for the hearing.
[R.O. 2013 § 612.180; Ord. No. 09-26 § 1, 7-13-2009]
All licenses issued under the provisions of this Article shall expire one (1) year from the date of issuance.
[R.O. 2013 § 612.190; Ord. No. 09-26 § 1, 7-13-2009]
Any person aggrieved by the decision of the City Clerk in regard to the denial of application for license as provided for in Section 605.300(B) through (D) of this Article or in connection with the revocation of a license as provided for in Sections 605.330 through 605.360 shall have the right to appeal to the Board of Aldermen. Such appeal shall be taken by filing with the Board of Aldermen within fourteen (14) days after notice of the decision by the City Clerk has been mailed to such person's last address, a written statement setting forth the grounds for the appeal. The Board of Aldermen shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in Section 605.360 for notice of hearing on revocation. The order of this Board of Aldermen on such appeal shall be final.