Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Malden, MO
Dunklin County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (0) Index
[1]
State Law References: As to issuance of licenses by cities of the third class, see § 94.120, RSMo.; as to collection of license fees, see § 94.140, RSMo.
[R.O. 1993 § 605.010; Ord. No. 1921 § 2, 9-20-1962; CC 1969 § 14-1; Ord. No. 3254, 2-28-2022]
For the purposes of this Chapter, any person or entity shall be deemed to be conducting business or engaging in a "for-profit enterprise" when the person or entity performs at least one (1) act of manufacturing, offering, providing, soliciting or selling goods and/or services for sale or hire.
[R.O. 1993 § 605.020; Ord. No. 1921 § 2, 9-20-1962; CC 1969 § 14-2; Ord. No. 3254, 2-28-2022]
It shall be unlawful for any person, either directly or indirectly, to conduct any business or for-profit enterprise or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, for which a license or permit is required by any law or by this Code or other ordinance of this City, without a license or permit therefor being first procured and kept in effect at all such times as required by law or by this Code or other ordinance.
[Ord. No. 3260, 7-18-2022]
Notwithstanding any other provision of this Code, no license under this Chapter shall be required of any person or entity conducting business or for-profit activity as part of a City-sponsored activity. For purposes of this Section, the term "City-sponsored activity" shall mean an organized event authorized by the City Council in which goods or services are to be sold at a designated location and during a time period designated by the authorization. The City Council may adopt reasonable regulations for participation in such activities, including limitations on the number of persons and entities authorized to participate, the space allotted to each participant, and the fee to be charged (if any) for participation.
[R.O. 1993 § 605.030; Ord. No. 1921 § 2, 9-20-1962; CC 1969 § 14-3; Ord. No. 3254, 2-28-2022]
This Chapter shall apply to all business in the nature of special sales for which a license is required by any law or by this Code or other ordinance of this City, and it shall be unlawful for any person, either directly or indirectly, to conduct any such sale except in conformity with the provisions of this Chapter.
[R.O. 1993 § 605.040; Ord. No. 1921 § 2, 9-20-1962; CC 1969 § 14-4; Ord. No. 3254, 2-28-2022]
No license shall be required of any person for 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 the City where no intent by such person is shown to exist to evade the provisions of this Chapter.
[R.O. 1993 § 605.050; CC 1969 § 14-5; Ord. No. 3254, 2-28-2022]
The City License Officer shall issue a special permit, without payment of any license fee or other charge therefor, to any person for the conduct or operation of a for-profit enterprise, either regularly or temporarily, when he/she finds that the applicant operates such enterprise without private profit for a public, charitable, educational, literary, fraternal, patriotic or religious purpose.
[R.O. 1993 § 605.060; Ord. No. 1921 § 2, 9-20-1962; CC 1969 § 14-6; Ord. No. 3254, 2-28-2022]
The agents or other representatives of non-residents who are doing business in this City shall be personally responsible for the compliance of their principals and of the businesses they represent with the provisions of this Chapter.
[R.O. 1993 § 605.070; Ord. No. 1921 § 3, 9-20-1962; CC 1969 § 14-7; Ord. No. 3254, 2-28-2022]
A. 
The City Clerk/Collector is hereby designated as the City License Officer and shall issue licenses in the name of the City to all persons qualified under the provisions of this Chapter. The City License Officer shall:
1. 
Make Rules. Promulgate and enforce all reasonable rules and regulations necessary for the administration and enforcement of this Chapter.
2. 
Adopt Forms. Adopt all forms and prescribe the information to be given therein as to character and other relevant matter for all necessary papers.
3. 
Require Affidavits. Require applicants to submit all affidavits and oaths necessary for the administration of this Chapter.
4. 
Obtain Endorsement. Submit all applications, in proper cases, to interested City Officials for their endorsements thereon as to compliance by the applicant with all City regulations which they have the duty of enforcing.
5. 
Investigate. Investigate and determine the eligibility of any applicant for a license as prescribed herein.
6. 
Examine Records. Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this Chapter.
[1]
State Law References: As to certain licensing duties of Mayor, City Clerk and City Collector, see § 94.120, RSMo.; as to City Collector paying over to City Treasurer all license fees collected, see § 94.140, RSMo.
[R.O. 1993 § 605.080; Ord. No. 1921 § 3, 9-20-1962; CC 1969 § 14-8; Ord. No. 3254, 2-28-2022]
The City Clerk/City Collector shall keep all information furnished or secured under the authority of this Chapter in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration or enforcement of this Chapter; provided, that this Section shall not be construed to prohibit the giving of testimony in a court of competent jurisdiction and in compliance with a valid subpoena.
[R.O. 1993 § 605.090; Ord. No. 1921 § 12, 9-20-1962; CC 1969 § 14-9; Ord. No. 3254, 2-28-2022]
It shall be unlawful for any person to knowingly make a false statement in an application for a license or in any return or statement which may be required of him/her pursuant to this Chapter.
[R.O. 1993 § 605.100; Ord. No. 1921 § 2, 9-20-1962; CC 1969 § 14-10; Ord. No. 3254, 2-28-2022]
A. 
To be eligible for a license or permit required by this Chapter, an applicant therefor shall not be in default under the provisions of this Chapter or indebted or obligated in any manner to the City except for current taxes.
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 Subsection shall be dated within ninety (90) days of submission of the business license application or renewal application.
[R.O. 1993 § 605.110; Ord. No. 3254, 2-28-2022]
All licenses issued pursuant to this Chapter shall expire on the last day of June next following their issuance and shall be issued for a term of one (1) year except pursuant to Section 605.120.
[R.O. 1993 § 605.120; Ord. No. 1921 § 3, 9-20-1962; CC 1969 § 14-12; Ord. No. 3254, 2-28-2022]
The license fee for any business commenced after October 1st shall be prorated so as to be in proportion to the balance of such license period and not for the whole thereof. License fee will be as follows:
License Period
License Fee
October — December
$125.00
January — March
$75.00
April — June
$25.00
[R.O. 1993 § 605.130; Ord. No. 1956 § 1, 1-11-1965; CC 1969 § 14-13; Ord. No. 2046, 9-11-1972; Ord. No. 2217, 6-9-1980; Ord. No. 3254, 2-28-2022]
All persons required to obtain a new or renewal license in July of each year shall have paid the required license tax or fee on or before July first in each year under penalty of having a late charge assessed against the licensee after the next succeeding July 15th. Beginning July 16th, an additional fee or late charge of ten dollars ($10.00) shall be charged to each delinquent licensee and collected by the City Clerk/City Collector from each such delinquent licensee for each month of delinquency.
[R.O. 1993 § 605.140; Ord. No. 1921 § 9, 9-20-1962; CC 1969 § 14-14; Ord. No. 3254, 2-28-2022]
Every applicant for a City License who shall carry on in two (2) or more different places and at separate locations any occupation, trade, pursuit, business or vocation included in this Chapter shall procure a separate license for each such place of business.
[R.O. 1993 § 605.150; Ord. No. 1921 § 2, 9-20-1962; CC 1969 § 14-15; Ord. No. 3254, 2-28-2022]
Notwithstanding common ownership, separate businesses at the same location shall be required to obtain separate licenses for conducting each of such businesses. For purposes of this Section, the term "separate business" shall mean any person or entity conducting business under a registered, fictitious or other readily-identifiable trade name distinct from any other business at the same location.
[R.O. 1993 § 605.160; Ord. No. 1921 § 4, 9-20-1962; CC 1969 § 14-16; Ord. No. 3254, 2-28-2022]
A. 
Each license issued under the provisions of this Chapter shall state upon its face the following:
1. 
The name of the licensee and any other name which such business is to be conducted.
2. 
The kind and address of each business so licensed.
3. 
The amount of license fee therefor.
4. 
The dates of issuance and expiration thereof.
5. 
Such other information as the City Clerk/City Collector shall determine.
[R.O. 1993 § 605.170; Ord. No. 1921 § 15, 9-20-1962; CC 1969 § 14-17; Ord. No. 3254, 2-28-2022]
Every license issued by virtue of any provision of this Chapter shall be signed by the Mayor and attested by the City Clerk, who shall affix the Corporate Seal of the City thereto. No license shall be issued to any person until the amount prescribed therefor shall have been paid to the City Clerk/City Collector.
[1]
State Law Reference: For similar provisions, see § 94.120, RSMo.
[2]
Cross Reference: As to requirement that licenses be signed by Mayor and have Seal of City affixed, see § 110.080 of this code.
[R.O. 1993 § 605.180; Ord. No. 1921 § 15, 9-20-1962; CC 1969 § 14-18; Ord. No. 3254, 2-28-2022]
When a license has been properly prepared for issuance and has been recorded in the Licensing Officer's office, City Clerk/City Collector shall deliver the license to the licensee named therein upon payment of the required fee.
[R.O. 1993 § 605.190; Ord. No. 1921 § 10, 9-20-1962; CC 1969 § 14-19; Ord. No. 3254, 2-28-2022]
Every licensee shall post his/her license in a conspicuous place in his/her place of business.
[R.O. 1993 § 605.200; Ord. No. 1921 § 11, 9-20-1962; CC 1969 § 14-20; Ord. No. 3254, 2-28-2022]
No license issued under the provisions of this Chapter shall be transferable from one (1) person to another except upon the sale of the business covered by such license, including the stock of merchandise, fixtures and equipment. No license shall be transferable from one (1) type of business, occupation, trade, pursuit or vocation to another kind or type.
[1]
State Law Reference: For similar provisions, see § 94.120, RSMo.
[R.O. 1993 § 605.210; Ord. No. 1921 § 3, 9-20-1962; CC 1969 § 14-21; Ord. No. 3254, 2-28-2022]
Except as may be otherwise provided in this Chapter, no rebate or refund of any license fee or part thereof shall be made by reason of the non-use of such license or by reason of a change of location or business rendering the use of such license ineffective.
[R.O. 1993 § 605.215; Ord. No. 2536 § 600, 8-9-1993; Ord. No. 3254, 2-28-2022]
A. 
No license required under the provisions of this Chapter shall be issued by the City Clerk/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/her liability under Chapter 287, RSMo. It is further made a violation of this Section to provide fraudulent information to the City Collector.
B. 
Nothing in this Chapter 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.