[R.O. 2004 § 605.010; CC 1986 § 54.010]
A.
It shall be unlawful for any person, firm or corporation to engage
in any business or occupation in the City of Duquesne 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.
B.
It shall be unlawful for any person, either directly or indirectly,
to conduct any business or to use in connection therewith any vehicle,
premises, machine or device for which a license is required by this
Chapter without the license so required having been first procured
and thereafter kept in effect at all such times as required by this
Code or other ordinance.
[R.O. 2004 § 605.011; CC 1986 §§ 54.020,
54.030]
A.
For each business required by this Chapter to be licensed, a separate
license shall be obtained.
B.
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.
C.
When any person engages in two (2) or more businesses at the same
location under one (1) license as authorized in this Section, he/she
shall pay a license fee equal to the sum of all the fees for each
business so licensed.
[R.O. 2004 § 605.013; CC 1986 § 54.040]
Except as may be provided otherwise in this Chapter, a person
shall be deemed to be in business within the meaning of this Chapter
when he/she is selling any goods or service, soliciting business or
offering goods or service for sale or hire or using any vehicle or
premises in the City for business purposes.
[R.O. 2004 § 605.015]
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 Duquesne.
[R.O. 2004 § 605.016; CC 1986 § 54.060]
The local agents or other representatives of non-residents who
are doing business or engaging in non-profit enterprises in this City
shall be personally responsible for the compliance of their principals
and of the businesses and enterprises they represent with all applicable
provisions of this Chapter.
[R.O. 2004 § 605.017; CC 1986 § 54.070]
Except as may be provided otherwise by this Code, no license
shall be required of any person for any mere delivery in the City
of any property purchased or acquired in good faith from such person
at his/her regular place of business outside of the City where no
intent by such person is shown to exist to evade the provisions of
this Chapter.
[R.O. 2004 § 605.018; CC 1986 § 54.080]
The City Clerk shall be the City business license officer and
shall issue in the name of the City all licenses required by this
Chapter, to all qualified applicants therefor, when all required taxes
and fees have been paid in accord with the provisions of this Chapter.
[R.O. 2004 § 605.019; CC 1986 § 54.090]
A.
The City Clerk, in issuing licenses required by this Chapter, shall:
1.
Promulgate such rules and regulations as he/she may consider
desirable for the administration of this Chapter. When approved by
the Mayor, such rules and regulations shall be placed on file in the
office of the City Clerk for inspection and use by the public and
the provisions thereof shall be enforced by him/her;
2.
Adopt all forms and prescribe the information to be given therein
as to character of applicant's business and other relevant matter
for all necessary papers;
3.
Require applicants to submit all affidavits and oaths necessary
to the administration of this Chapter;
4.
Submit all applications, in each proper case, to interested
City Officials for their endorsements thereon as to compliance by
the applicant with all City ordinances which they have the duty of
enforcing;
5.
Investigate and determine the eligibility of any applicant for
a license or permit or renewal thereof as prescribed in this Chapter;
6.
Examine the books and records of any applicant or licensee when
reasonably necessary to the administration and enforcement of this
Chapter;
7.
Submit the applicant's application to the Board of Aldermen
for acceptance or rejection of the application by the Board; and
8.
After the decision of the Board of Aldermen to accept or reject
the applicant's application, notify the applicant of the Board's decision,
and, upon refusal of any license or permit and at the applicant's
request, state in writing the reasons therefor and deliver them to
the applicant.
[R.O. 2004 § 605.020; Ord. No.
27 § 1(54.110), 11-10-2003]
A.
The City Clerk shall submit the application for the license required herein to the Board of Aldermen together with all information necessary for the fair administration of this Chapter. The Board of Aldermen shall then vote to approve or reject the business license application. If the application is approved, the City Clerk shall issue and sign the license upon payment of the requisite license fee. If the application is rejected, the City Clerk shall notify the applicant of the rejection as set forth in Section 605.019(A)(8) and refund any license fee paid in advance.
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.
[R.O. 2004 § 605.030; Ord. No.
117 § 1(58.010), 10-8-2001; Ord. No. 120 § 1(58.010), 1-14-2002; Ord.
No. 417, 11-18-2019]
[Ord. No. 402, 5-13-2019]
Persons engaging in an occupation providing services for hire without a required license shall pay a late fee in the amount of fifty dollars ($50.00) in addition to the annual license fee and in addition to the penalties provided in Section 605.100; provided, however, the late fee shall not be imposed if the required license is obtained before noon on the next business day after notification by the City of the need to obtain the license.
[R.O. 2004 § 605.040]
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 (1) 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 (1) person to another or from the kind of business or occupation
originally licensed to another type of business or occupation.
[R.O. 2004 § 605.050; Ord. No.
27 § 3(54.700), 11-10-2003]
The term of the licenses issued pursuant to the provisions of
this Chapter shall be from January 1 to December 31. In the event
any licensee hereunder shall commence business on or after July 1,
the City Clerk shall issue such license at the rate of one-half (1/2)
of the license fee for such six-month period of July 1 to December
31, or fraction thereof.
[R.O. 2004 § 605.060; CC 1986 § 54.120; Ord. No. 27 § 2(54.120), 11-10-2003]
A.
All applications for renewal of a license provided for herein shall
be filed no later than January 1 of each year.
B.
Any applicant for the renewal of a license under this Chapter shall
submit an application therefor to the City Clerk for submission by
the Clerk to the Board of Aldermen upon forms provided by the City
Clerk, which shall include such information which he/she shall find
to be reasonably necessary to the fair administration of this Chapter
and information as to the conduct and operation of his/her business
during the preceding licensing period.
[R.O. 2004 § 605.070]
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.
[R.O. 2004 § 605.080; Ord. No.
27 § 3(54.710), 11-10-2003]
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.
2.
Violation of the terms and conditions upon which the license
was issued.
3.
Failure of the licensee to pay any tax or obligation due to
the City.
4.
Any misrepresentation or false statement in the application
for a license required herein.
5.
Failure to display the license required herein.
B.
Revocation of any license shall be in addition to any other penalty
or penalties which may be imposed pursuant to these provisions.
[R.O. 2004 § 605.090; Ord. No.
27 § 3(54.720), 11-10-2003]
A.
In any case in which a complaint has been made to the Board of Aldermen
or in which the Board of Aldermen has on its 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 fifteen (15) 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.
[R.O. 2004 § 605.095; Ord. No.
85 § 1, 4-9-2007]
A.
Notwithstanding the provisions of Section 605.090 which specifies the procedures that shall be followed for revocation of a business license issued by the City pursuant to the provisions of this Chapter, whenever the Missouri Department of Revenue revokes the Missouri sales tax license of a business license holder, the license issued by the City of Duquesne under this Chapter is, upon notice to such license holder, immediately revoked until such business license holder provides proof that the State retail sales license has been reinstated by the Missouri Department of Revenue.
B.
Any person, firm or corporation or copartnership who shall exercise
or attempt to exercise any of the occupations, trades or avocations
or who shall carry on or engage in or attempt to carry on or engage
in any of the businesses for which a license is required in this Chapter
in the City of Duquesne while said license is revoked pursuant to
this Section and before such business license holder provides proof
that the State retail sales license has been reinstated by the Missouri
Department of Revenue shall, upon conviction, be deemed guilty of
an ordinance violation and shall be punished by a fine of not less
than twenty-five dollars ($25.00) nor more than five hundred dollars
($500.00). Every day any violation of this Section shall continue
shall constitute a separate offense.
[R.O. 2004 § 605.100; Ord. No.
27 § 3(54.730), 11-10-2003]
Any person, firm or corporation or copartnership who shall violate
any provision of this Chapter or who shall exercise or attempt to
exercise any of the occupations, trades or avocations or who shall
carry on or engage in or attempt to carry on or engage in any of the
businesses for which a license is required in this Chapter in the
City of Duquesne, without first paying the tax herein levied and obtaining
a license therefor, shall, upon conviction, be deemed guilty of an
ordinance violation and shall be punished by a fine of not less than
twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
In addition to the above penalties, any person, firm or corporation
or copartnership who is required to take out a license or any such
person whose license has expired and notice has been given by the
City Clerk shall, if not paid within thirty (30) days after such tax
is due pursuant to said notice, there shall be added to the amount
required 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 (25) perfect in the aggregate,
until the party required to take out such license shall have complied
with the provisions regulating licenses in this Chapter. This penalty
shall be collected with the license by the City Clerk and paid to
the City of Duquesne.
