It shall be unlawful for any person, firm or corporation to
engage in any business or occupation in the City of Appleton City
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. 87-13 §1, 1-7-1988]
Every person, co-partnership, firm or corporation desiring to
procure a license for any business shall pay the amount of the tax
levied as a license in advance to the City Collector who will issue
a receipt. The City Clerk will issue the license upon verification
of such receipt.
Every person who shall deal in or act in any of the businesses
or occupations or own, operate or deal in any of the following mentioned,
shall first obtain licenses from the City Clerk and pay a license
tax to the City Collector of twenty-five dollars ($25.00) per year
or obtain a temporary permit, where applicable, for a fee of two dollars
fifty cents ($2.50) per day.
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Agents for insurance companies
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Agents for real estate, agent, broker, or agencies
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Antiques and/or craft shop
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Auctioneers
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Auto dealers, new or used
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Auto salvage yards and/or repair shops
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Banks
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Barber shop
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Beauty shop
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Body shops
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Bowling alleys
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Butchers
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Cabinet shops
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Carnivals
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Circuses
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Cleaning, pressing and dyeing shops
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Cobblers and shoe repair shops
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Concrete ready mix plants
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Contractors: Business license including
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Brick contractors
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Building contractors
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Concrete contractors
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Electrical contractors
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Excavating and grading contractors
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General contractors
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Painting contractors
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Plastering contractors
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Plumbing contractors
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Roofing contractors
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Door to door salesperson
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Draymen, per truck
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Exterminators
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Farm implement dealers
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Feed mills and/or grain elevators
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Florists
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Fruit stands
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Garages
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Grocery stores
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Gun shops
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Hawkers
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Ice cream vendors
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Jewelers
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Junk dealers
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Laundromats
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Loan company
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Lumber yards
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Machine shops
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Manufacturers
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Menageries
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Merchants, all other classes
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Miniature golf courses
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Monument dealers
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Motels and hotels
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Newspaper publishers
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Nursing homes/boarding houses
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Oil trucks
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Parades by circuses or other money making concerns
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Photographers
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Picture shows
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Plumbers
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Printers, where not a newspaper publisher
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Restaurants
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Service stations
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Skating rink
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Solicitors
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Stock yards
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Street entertainment
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Trailer courts or trailer sales
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Transfer company/trucking company
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Undertaking parlors
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Wholesale dealer in gasoline and oil
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Wood and coal dealers
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[Ord. No. 2016-1, 4-11-2016]
A.
No license shall be issued until all personal property taxes, all
real estate taxes, all license taxes and all other special charges
due the City, including water connection charges, from applicant business
owners, members, partners, or other officers, shall have been paid.
B.
No license shall be issued until a Missouri tax clearance verification
is provided through the Missouri Department of Revenue office either
with the application, new or renewal, or can be documented by staff
through access to the online process for that purpose.
C.
The statement of no tax due will verify that the retail business
has filed and paid all of its sales and withholding tax obligations.
If a business does not make retail sales, it is not required to present
a statement of no tax due in order to be issued a license.
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 October first (1st) to September thirtieth
(30th) of the following year.
All applications for renewal of a license provided for herein
shall be filed no later than September 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.
[Ord. No. 79-013 §7, 9-27-1979]
No money paid to the City Collector for any license issued under
the provisions of this Article shall be refunded by the City or by
any officer thereof.
[Ord. No. 79-013 §9, 9-27-1979]
A.
In
case of a change of location after the issuing of a license, the holder
of the license may have the new location of his/her business endorsed
on said license by the City Clerk, and continue to carry on his/her
business in the new location as specified under said license.
B.
Any
change of firm by the admittance of a new member into the firm shall
be deemed the formation of a new firm, and such new firm shall be
required to take out a license under this Article as though the old
firm had never been licensed.
[Ord. No. 79-013 §10, 9-27-1979]
For each business required by this Article to be licensed, a
separate license shall be obtained. A person engaged in two (2) or
more businesses at the same location shall not be required to obtain
a separate license for each business but, when eligible, shall be
issued one (1) license which shall specify on its face all such businesses.
He/she shall pay a license fee equal to the sum of all the fees for
each business so licensed.
[Ord. No. 2016-1, 4-11-2016]
A separate license shall be obtained for each place of business
operated by a licensee under this Chapter.
[Ord. No. 79-013 §12, 9-27-1979]
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.
When used in this Article shall mean any person, company
or corporation who shall engage in any form of business not primarily
for profit but as a public service.
[Ord. No. 79-013 §13, 9-27-1979]
A.
It
shall be the duty of the Police Officers of the said City to aid in
the enforcement of this Article and to promptly report any violation
thereof to the City Collector. Said 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 Article is being
carried out or conducted during business hours to ascertain whether
this or any other ordinance of this City is being violated.
B.
No
neglect of any officer to perform his/her duty shall relieve any person,
firm, or corporation from liability for not having or taking out a
license.
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 Appleton City.
C.
Persons engaging in the sale of goods of the seller's own production,
where sales are made by the producer, are exempted from the provisions
of this Section. A "producer" shall be defined as any member of the
producer's household under this Section.
[Ord. No. 2016-1, 4-11-2016]
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; or
2.
Violation of the terms and conditions upon which the license was
issued; or
3.
Failure of the licensee to pay any tax or obligation due to the City;
or
4.
Any misrepresentation or false statement in the application for a
license required herein; or
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.
|
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.
A.
All
license fees not paid to the City by the person required to remit
the same on the date when the same becomes due and payable to the
Director of Revenue shall bear interest at the rate determined by
Section 32.065, RSMo., from and after such date until paid.
B.
In
case of failure to apply for any license fee required by this Chapter
on or before the date prescribed therefor, determined with regard
to any extension of time for making an application, unless it is shown
that such failure is due to reasonable cause and not the result of
willful neglect, evasion or fraudulent intent, there shall be added
to the amount required to be shown as tax on such return five percent
(5%) of the amount of such tax if the failure is not for more than
one (1) month, with an additional five percent (5%) for each additional
month or fraction thereof during which such failure continues, not
exceeding twenty-five percent (25%) in the aggregate.
C.
In
case of failure to pay the full amount of any license fee due hereunder
on or before the date prescribed therefor, determined with regard
to any extension of time for payment, unless it is shown, by the applicant,
that such failure is due to reasonable cause and not the result of
willful neglect, evasion or fraudulent intent, there shall be added
to the tax an amount equal to five percent (5%) of the deficiency.
The City shall, upon request by a taxpayer, apprise the taxpayer of
the factual basis for the finding of negligence, or the specific rules
or regulations disregarded if the City assesses a penalty under this
Subsection.
[Ord. No. 2016-1, 4-11-2016]
A.
The City Clerk shall insure compliance with this Chapter and advise
the City Prosecutor to file complaints against all persons known to
be in violation of this Chapter.
B.
Any person, partnership, company, association or corporation engaging
in a business, trade or a vocation as herein provided without first
procuring a license or permit therefore, as hereinabove specified,
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine of not more than five hundred dollars ($500.00)
or imprisonment for not more than ninety (90) days, or both, for each
offense.
C.
If any person shall continue in violation of any provision of this
Chapter after having been notified of the existence of such violation
by the City Clerk, then the City Clerk shall advise the City Prosecutor
of such violation, and the City Prosecutor shall then file his or
her complaint charging such violation in the Municipal Court of this
City, and the Police Department shall proceed to serve any arrest
warrant issued thereto.
[Ord. No. 08-03 §§2 —
7, 7-16-2008]
A.
GARAGE SALE
Definition. The following term shall have the prescribed
meaning:
A public sale of goods commonly known or referred to as a
garage sale, patio sale, porch sale, attic sale, yard sale, rummage
sale, open air flea market, swap meet, or any other similar sale.
B.
Number Of Sales. No person shall advertise, conduct, carry
on or permit more than three (3) garage sales per calendar year, per
premises.
C.
Permit Fee. All persons wishing to hold a "garage sale"
sill be required to obtain a garage sale permit from the City of Appleton
City in the amount of five dollars ($5.00). Permits must be prominently
posted at the "garage sale".
D.
Duration Of Sales. No person shall conduct, carry on or
permit a garage sale to last more than three (3) days.
E.
Advertising Signs. No person shall erect, place, post or
mark any sign advertising a garage sale more than one (1) day prior
to the sale and such sign must be removed no more than one (1) day
after the sale. The person responsible for conducting such garage
sale shall be responsible for removing any such sign.
F.
Penalty. Any person convicted of violating any provisions
of this Article shall be fined no less than ten dollars ($10.00) and
no more than one hundred dollars ($100.00). Each day in which any
violation of this Article continues or exists will be deemed a separate
offense.
[Ord. No. 2011-10, 7-12-2011]
A.
Business
establishments that sell gasoline and/or diesel fuel shall require
pre-payment or pre-approval of sales of fuel prior to activation or
authorization of any fuel dispensing unit or fuel pumping device.
B.
The
City Clerk shall not renew the business license of any business which
has failed to require pre-payment or pre-approval of sales of fuel
prior to activation or authorization of any fuel dispensing unit or
fuel pumping device which results in motorists filling their fuel
tanks and driving off without paying.
[Ord. No. 79-013 §16, 9-27-1979]
Every auto wrecking shop, junk dealer, and auto repair shop
that conducts its business outside of a building shall, prior to the
time it obtains a license under this Article cause to be constructed
a substantial board fence no less than seven (7) feet in height around
said shop, so as to conceal from public view the wrecked autos or
parts of autos therein located. All debris and all parts of cars that
are useless shall be moved outside the City limits.
