[Ord. No. 4.001 § 1, 9-14-1981; Ord. No. 95-09-113 § 605.010, 9-11-1995; Ord. No. 97-08-04-01 § 1, 8-4-1997; Ord. No. 2006-05-08-03 § 1, 5-8-2006; Ord. No. 2008-08-11-01 § 1, 8-11-2008; Ord. No. 2020-3004, 10-13-2020]
A.
No person, company, association or corporation shall, within the
City of Greenwood, Missouri, conduct, exercise, carry on, deal in
or engage in any occupation, trade, business or avocation or deal
in, sell or keep any article, things or places for profit without
first taking out a City license therefor.
B.
Notwithstanding any provision of this Article to the contrary, a temporary City license may be issued for temporary business stands for eight (8) days in any six-month period. "Temporary business stands" mean any booth, tent, street stand, or other temporary place in which the activities described in Subsection (A) occur. Written approval from the property owner for the use of the property must accompany the application, and within twenty-four (24) hours after ending the use of the temporary business stand, the licensee shall remove all trash, refuse, rubbish, signs and unsold merchandise from the stand location. Notwithstanding Section 605.020, the fee for a temporary City license shall be fifteen dollars ($15.00).
[Ord. No. 2011-10-25-09 § 1, 10-25-2011; Ord.
No. 2020-3004, 10-13-2020]
Temporary Business Stands. A temporary license may be issued for temporary business stands for eight (8) days within a six-month period. "Temporary business stand" means any booth, tent, street stand, or other temporary place in which the activities described in Section 605.010(A) occur. Written approval from the property owner for the use of the property must accompany the application, and within twenty-four (24) hours after ending the use of the temporary business stand, the licensee shall remove all trash, refuse, rubbish, signs and unsold merchandise from the stand location. Notwithstanding Section 605.045, the fee for a temporary City license shall be fifteen dollars ($15.00).
[Ord. No. 2011-10-25-09 § 1, 10-25-2011]
A.
In accordance with Section 71.620.1, RSMo., as amended, the following
professional occupations are exempt from the licensing and fee provisions
of this Chapter:
B.
In accordance with Section 71.630, RSMo., as amended, farmers and
their employees and all other producers and their employees are exempt
from the licensing and fee provisions of this Chapter when selling
agricultural products and produce from a wagon, cart or vehicle that
such farmers and producers have themselves raised or produced.
C.
In accordance with Section 71.620.2, RSMo., as amended, the following
professional occupations are exempt from the licensing and fee provisions
of this Chapter unless that person maintains a business office within
the City of Greenwood, Missouri:
D.
In accordance with Section 340.214, RSMo., as amended, veterinarians
(for veterinary services only) are exempt from the licensing and fee
provisions of this Chapter.
[Ord. No. 2011-10-25-09 § 1, 10-25-2011]
A.
Every applicant for an occupation license relating to a business
which involves the retail sale of goods shall exhibit a valid and
current retail sales license issued by the State of Missouri.
B.
The revocation of such retail sales license by the Director of Revenue
of the State of Missouri shall render the occupation license issued
hereunder null and void, provided however, that the Director of Revenue
of the State of Missouri or any duly authorized representative must
inform the City Clerk in writing of such revocation of a retailer's
license before such City license shall be revoked.
C.
The applicant may obtain a City occupation license upon presentment of proof of issuance or reissuance of a Missouri retail sales license in effect at the time of revocation under the provisions of Subsection (B) above, upon the payment of any occupational license fees due plus a reinstatement fee of five dollars ($5.00).
D.
Pursuant to Section 144.083.4, RSMo., the possession of a statement
from the Missouri Department of Revenue stating no tax is due under
Sections 143.191 to 143.265 or Sections 144.010 to 144.510, RSMo.,
shall also be a prerequisite to the issuance or renewal of a City
business 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.
[Ord. No. 4.001 § 2, 9-14-1981; Ord. No. 95-09-113 § 605.020, 9-11-1995; Ord. No. 97-08-04-01 § 2, 8-4-1997; Ord. No. 2002-11-12-04 § 1, 11-12-2002; Ord. No. 2006-05-08-03 § 1, 5-8-2006]
There is hereby levied a license fee to be charged and collected
on all businesses, occupations, professions, trades and avocations;
on all persons, companies, associations and corporations who shall
deal in or sell any articles or things and any business or trade which
operates for-profit, whether operated by a person, company, association
or corporation, until said person, firm or corporation shall obtain
an occupational license and pay therefore the sum of fifty dollars
($50.00).
[Ord. No. 2006-05-08-03 § 1, 5-8-2006]
No license shall be issued, renewed or reinstated for any business,
occupation, profession, trade or avocation whose lands, premises,
buildings or structures in which they operate or maintain stores of
goods, supplies or equipment are not in conformance with all applicable
zoning and building code requirements. No license shall be issued,
renewed or reinstated for any occupation, profession, trade, business
or avocation not possessing any and all licenses, certifications,
permits or other applicable authorization required by Federal, State
or County laws or regulations. Each applicant for a license shall
complete a form as prescribed by the City Clerk which shall contain
at a minimum: the name, address and phone number of the business;
the name, address and phone number of the owner(s); the name, address
and phone number of the owner's agent who shall be a resident of Jackson
or Cass County, if the owner is not a resident of Jackson or Cass
County or if the owner is a corporation, limited liability company,
partnership, limited partnership, limited liability partnership or
non-profit organization; the nature of or type of business being conducted;
a certification that, to the best of the applicant's knowledge, the
business possesses all licenses, certifications, permits or other
applicable authorizations required by Federal, State or County laws
or regulations; and a statement requiring the owner or owner's agent
to notify the City in writing of any change in the location, ownership,
name or legal status of the business within ten (10) days of change.
[Ord. No. 4.001 § 3, 9-14-1981; Ord. No. 95-09-113 § 605.030, 9-11-1995; Ord. No. 97-08-04-01 § 3, 8-4-1997; Ord. No. 2006-05-08-03 § 1, 5-8-2006; Ord. No. 2011-10-25-2009 § 1, 10-25-2011]
It shall be the duty of the City Collector or other proper officer
to collect the license fee herein provided for, and the City Collector
shall issue all licenses which shall be signed by the City Clerk and
no license shall be issued until the fee for same as herein provided
is paid.
[Ord. No. 4.001 § 4, 9-14-1981; Ord. No. 95-09-113 § 605.040, 9-11-1995; Ord. No. 97-08-04-01 § 4, 8-4-1997; Ord. No. 2006-05-08-03 § 1, 5-8-2006; Ord. No. 2011-12-27-02 § 1, 12-27-2011]
All licenses shall be valid from the time of issuance to March
31st of the same year. Nothing in this Article contained shall be
construed as authorizing any persons to sell intoxicating liquors,
maintain a public nuisance or otherwise violate other Statutes or
ordinances by virtue of said license.
[Ord. No. 2006-05-08-03 § 1, 5-8-2006]
There shall be no transfers of license from one (1) person to
another except that where a business, including stock, if any, is
sold and the new owner continues the business at the same location
and under the same name, the license shall continue to expiration.
[Ord. No. 97-08-04-01 § 5, 8-4-1997; Ord. No. 2006-05-08-03 § 1, 5-8-2006; Ord. No. 2020-3004, 10-13-2020]
This Article shall become effective on May 8, 2006, and all licenses shall be granted concurrent to the passage of this Article and subject to renewal on each succeeding year. Except as provided in Section 605.011, no license shall be granted for less than a one-year period.
[Ord. No. 2006-05-08-03 § 1, 5-8-2006; Ord. No. 2011-10-25-09 § 1, 10-25-2011]
A.
A license issued under the provisions of this Chapter may be revoked,
suspended or denied by the City Clerk or by the Board of Aldermen
(after notice and hearing before the Board of Aldermen) for any of
the following reasons:
1.
Any fraud, misrepresentation or false statement contained in
the application for license.
2.
Non-compliance with all applicable City zoning and building
code requirements.
3.
Any violation of the terms or provisions of this Chapter.
4.
Conduct of the business licensed under the provisions of this
Chapter in an unlawful manner or in such manner as to constitute a
breach of the peace or detrimental to the public health, safety or
welfare.
5.
Failure or refusal to comply with the requirements of a provisional
order or any other order issued by City Clerk or Board of Aldermen.
6.
Failure to obtain any and all licenses, certifications, permits
or other applicable authorization required by Federal, State, County,
or City laws or regulations, including, but not limited to, a Missouri
retail sales license.
7.
Failure to pay City taxes or user fees.
B.
Notice of a finding of violation shall be given as set forth in Section 605.047. The owner or agent of any occupation, trade, business or profession shall be given an opportunity to correct the condition(s) in violation, request a public hearing before the Board of Aldermen or cease operation of the business. If the owner or agent requests a hearing, the hearing shall be conducted as set forth in Section 605.048. Upon conclusion of the public hearing, the Board of Aldermen shall approve, revoke, deny or suspend the business license.
C.
Upon revocation, denial or suspension of a business license no refund
of any portion of the license fee shall be made to the licensee and
the licensee shall immediately cease all business operations at each
place found to be in violation of the provisions of this Chapter or
any other law or Chapter.
D.
As stated in Section 314.200, RSMo., the City shall not deny a license
to an applicant primarily upon the basis that a felony or misdemeanor
conviction of the applicant precludes the applicant from demonstrating
good moral character, where the conviction resulted in the applicant's
incarceration and the applicant has been released by pardon, parole
or otherwise from such incarceration, or resulted in the applicant
being placed on probation and there is no evidence the applicant has
violated the conditions of that probation. The City may consider the
conviction as some evidence of an absence of good moral character,
but shall also consider the nature of the crime committed in relation
to the license which the applicant seeks, the date of the conviction,
the conduct of the applicant since the date of the conviction and
other evidence as to the applicant's character.
E.
Any person violating any order of the City Clerk or Board of Aldermen dealing with the suspension, denial or revocation of any license made pursuant to this Section continuing to engage in any business, profession or occupation during the term of such suspension or revocation shall be subject to the violation and penalty provision of Section 100.050.
[Ord. No. 2006-05-08-03 § 1, 5-8-2006; Ord. No. 2011-10-25-09 § 1, 10-25-2011]
A.
Upon findings of a violation(s), the City Clerk shall serve notice
on the owner or agent of any occupation, trade, business or profession.
The notice shall state the condition(s) which is (are) in violation
of this Chapter. The notice shall inform the owner, agent, individual,
firm, corporation, business, trade or company that:
1.
He/she or they shall have ten (10) days from the date of receipt
of the notice to correct the condition(s) in violation of this Chapter;
or
2.
He/she or they have ten (10) days from the date of receipt of
the notice to request a hearing before the Board of Aldermen;
3.
Failure to correct the condition(s), request a hearing within
the time frame allowed or cease operation may result in Municipal
Court prosecution;
4.
The owner, occupant or agent in charge of the property should
contact the City Clerk if there are any questions regarding the order.
B.
Service shall be by certified mail, return receipt requested or personal
service to the address on the license. Notice shall be deemed served
upon the date of acceptance of personal service or three (3) business
days following the mailing of certified mail. Notice shall also be
deemed served upon posting of said notice at the address on the license
if mailed notice is deemed undeliverable by the United Stated Postal
Service or upon refusal of personal service.
[Ord. No. 2006-05-08-03 § 1, 5-8-2006; Ord. No. 2011-10-25-09 § 1, 10-25-2011]
If a hearing is requested within the ten-day period as provided in Section 605.047, such request shall be made in writing to the Board of Aldermen. Failure to make a timely request for a hearing shall constitute a waiver of the person's right to contest the findings of the City Clerk before the Board of Aldermen. The hearing shall be held by the Board of Aldermen as soon as possible after the filing of the request therefore and the person shall be advised by the City of the time and place of the hearing at least five (5) days in advance thereof. At any such hearing, the person may be represented by counsel and the person and the City may introduce such witnesses and evidence as is deemed necessary and proper by the Board of Aldermen. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the Board of Aldermen shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter.
[Ord. No. 2006-05-08-03 § 1, 5-8-2006]
A license revoked for any violation of the terms of this Article
shall be reinstated only upon correction of all stated violations,
payment of all fines and costs from said violations and payment of
a fifty dollars ($50.00) reinstatement fee.
[Ord. No. 97-08-04-01 § 6, 8-4-1997; Ord. No. 2006-05-08-03 § 1, 5-8-2006]
Any individual, firm or corporation or concern whatever is liable
to pay a license fee under the terms of this Article, who or which
shall do business without first having obtained said license or following
revocation of said license, shall upon conviction be deemed guilty
of a misdemeanor and each day said business is carried on or conducted
without having obtained said license shall be deemed a separate offense
and upon conviction thereof shall be fined a sum not less than one
hundred dollars ($100.00) or more than five hundred dollars ($500.00).
