[Ord. No. 4297, 1-26-2023]
As used in this Chapter, the following terms shall have the
meanings indicated:
Any person, corporation, partnership, or lessee thereof engaged
in any business, occupation, pursuit, profession, or trade, including
all those listed in Section 94.270, RSMo., and including the selling,
at wholesale or retail, of any goods, wares, merchandise, or personal
property of any description or the rending of any service in connection
therewith, at any store, stand, or place within the City, and including
the business of operating a shopping center or in the keeping or maintaining
of any institution, establishment, articles, utility, or commodities
specified in this Chapter or in any ordinance of the City, within
the City; except as may be otherwise provided herein.
A period of twelve (12) months beginning on July 1 in each
year and ending on June 30 the following year.
[Ord. No. 4297, 1-26-2023]
Excepting those professions, businesses, or occupations listed
in Section 71.620, RSMo., no Business shall do or offer to do business
in the City without first having made application for, procured, and
paid for a business license to do so as required herein; provided,
however, that vendors and service providers doing occasional business
with residents of the City or the City government shall not be required
to apply for and procure a license unless such vendor or service provider
maintains a business office within the City. A separate license shall
be obtained for each store, stand, or place of business conducted
by every Business. No license shall be transferred or assigned.
[Ord. No. 4297, 1-26-2023]
No license shall be issued to any Business until all financial
obligations, including sales taxes, other license fees, permit fees,
or inspection fees, required to have been paid by such Business to
the City have been paid. Additionally, no license shall be issued
to any Business until the State of Missouri has confirmed that a retail
sales license (if required) has been obtained by the Business and
that no tax is due pursuant to the provisions of Section 144.083,
RSMo.
[Ord. No. 4297, 1-26-2023]
All licenses and applications for licenses shall be in such
form as may be prescribed by the City Clerk. Applications shall be
made to the City Clerk and shall be signed by the Business making
the application. No license shall be valid for any purpose unless
it has been signed by the City Clerk and shall have the Corporate
Seal of the City affixed thereto. Each such license shall be subject
to the provisions contained in this Chapter and other ordinances of
the City regulating Businesses and occupations.
[Ord. No. 4297, 1-26-2023]
A.
Application.
Any person desiring to obtain a license to open, carry on, or conduct
business shall make an application to the City Clerk on forms provided
by the City. Upon receipt of said application, the City Clerk shall
refer the same to the Chief of Police and Community Development Director
for investigation as to the effect of such Business upon the safety,
health, and welfare of the inhabitants of the City. The Community
Development Director shall also determine if an occupancy permit,
if required, has been issued in accordance with other ordinances of
the City.
B.
Approval Or Denial. After receiving the reports of any official to whom the application was referred, the City Clerk may issue the license in accordance with the terms and subject to the conditions of this Chapter provided that the granting of the license would not adversely affect the safety, health, and welfare of the inhabitants of the City and the applicant has satisfied the qualifications set forth below in Subsection (C). In the event the City Clerk finds the applicant does not meet the qualifications for issuance, the City Clerk shall deny the applicant a business license and within five (5) business days thereof give written notice of the denial to applicant.
C.
Qualifications.
In order to be qualified to receive a business license, the applicant
must meet the following eligibility qualifications:
1.
The application is free from any fraud, misrepresentation, or false
statement;
2.
The applicant and the premises in which the licensed business will
be conducted are in compliance with all provisions of this Chapter
and the entire City Code (including the zoning and building codes);
3.
The applicant has all necessary 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; and
4.
The applicant is not in arrears for any City taxes or license fees.
D.
Appeals.
Any denial of a license may be appealed in accordance with the procedures
for revocation of a license hereunder.
E.
Prior
Issuance Creates No Right To License Approval. The issuance of a license
for any License Year does not create an automatic right for approval
of a license for a subsequent License Year. Each Business must obtain
a new license each License Year in accordance with the requirements
of this Chapter and shall be reviewed for compliance with the provisions
of this Code.
[Ord. No. 4297, 1-26-2023]
Each license granted by the City shall be carefully preserved
and shall be displayed in a conspicuous place in the place of Business
authorized to be conducted by such license.
[Ord. No. 4297, 1-26-2023]
A.
Reasons.
Any license issued by the City under the provisions of this Chapter
may be revoked for any of the following reasons, in addition to any
other reason specified in this Chapter:
1.
Any failure to comply with, or any violation of any provisions of
this Chapter by any licensee.
2.
Violation of the terms and conditions upon which the license was
issued.
3.
Violation of any ordinance of the City regulating the business, activity,
or thing licensed.
4.
Failure of the licensee to pay any tax or obligation due to the City.
5.
Illegal or improper issuance of the license.
6.
Any misrepresentation or false statement in the application for such
license.
7.
Causing, maintaining, or assisting in the cause or maintenance of
a nuisance, whether public or private. For the purpose of this Chapter,
a "nuisance" is defined as follows: anything done to the annoyance
or hurt of the lands, tenements, or hereditaments of another. By hurt
or annoyance, there is meant not a physical injury necessarily, but
an injury to the health, comfort, or welfare of the owner or possessor
of the property as respects his/her possession or enjoyment of his/her
property.
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Revocation of any license shall be in addition to any other
penalty or penalties prescribed in this Code or other City ordinances.
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B.
Procedure.
In any case in which a complaint shall be made to the Board that cause
exists for the revocation of a license issued under the provisions
of this Chapter, the following procedure shall govern:
1.
The Board shall set a contested-case hearing to consider the question
of revocation.
2.
At least ten (10) calendar days prior to such hearing, written notice
shall be mailed by certified mail to the licensee at his/her last
known address as shown in the records of the City Clerk, advising
the licensee of the time and place of the hearing and of the reason
for considering the revocation of his/her license.
3.
During the pendency of the hearing before the Board, the licensee
shall be permitted to continue the operation of his/her business.
4.
At the hearing set by the Board, the Board shall hear all relevant
evidence justifying the revocation of the license and all relevant
evidence justifying the retention of the license. The hearing shall
provide a record of the proceedings (by audio, video, stenographic,
or other reliable means of recording capable of transcription) and
shall permit the parties to introduce evidence under oath, and shall
provide for cross examination, when requested. The formal hearing
requirements herein shall be deemed waived if not affirmatively requested
by licensee.
5.
The affirmative vote of a majority of a quorum of the Board shall
be necessary to revoke any license. The Board shall adopt written
findings of facts and conclusions of law supporting any such decision.
[Ord. No. 4297, 1-26-2023]
A.
Every
Merchant in the City is required to pay a fifty dollar ($50.00) license
fee, except as provided for in this Chapter or any other ordinance
of the City. The license fee is to partly cover the City's anticipated
expenses incurred in processing the application, including, but not
limited to, administrative and clerical costs, software costs, and
other investigations and searches deemed necessary by the City in
processing the application. The license fee shall be collected at
the time of the application submittal and as follows:
1.
New Businesses (opening July 1 or later of any License Year). The
application for a business license shall be contained within the Occupancy
Permit application. No fee for a new Business license application
will be collected until an application is made for the following License
Year. While a Business will need a new license for a name or ownership
change, if the Business is operating in the same manner except for
the change of ownership or name, this exception for no fee shall not
apply and a fifty dollar ($50.00) fee as specified below shall apply.
2.
Subsequent License Year Business License. By May 30 of each year,
any Business that had a business license a previous License Year and
seeking a business license for the upcoming License Year shall make
an application to the City and pay at the time of such application
a license fee of fifty dollars ($50.00).
[Ord. No. 4297, 1-26-2023]
The provisions of this Chapter shall not be construed to authorize
any Business to sell intoxicating liquor, beer, or malt liquor, and
the same shall only be lawful or authorized if sold, commenced, or
operated in conformity with applicable laws of the State and ordinances
of the City relating to such sales.
[Ord. No. 4297, 1-26-2023]
Any act or duty required or authorized to be performed under
the provisions of this Chapter by any officer or agency of the City
may be performed by any duly authorized agent or deputy of such officer
or agency.
[Ord. No. 4297, 1-26-2023]
Any act or duty required or authorized to be performed under
the provisions of this Chapter by any corporation shall, in addition,
be the responsibility of the president of such corporation and of
any other person duly authorized by such corporation to perform such
act or duty; and such president or other authorized person shall be
personally subject to all the penalties provided for the violation
of such applicable provisions of this Chapter as may relate to such
acts or duties.
[Ord. No. 4297, 1-26-2023]
Except as herein provided, the provisions of this Chapter shall
not be applicable to any non-profit organization, association, or
establishment nor to any business, occupation, pursuit, profession,
or trade which the City may be prohibited by law from licensing or
regulating within a commercial area.
[Ord. No. 4297, 1-26-2023]
A.
To the extent allowed by law, the City Clerk shall add the following penalties for all license fees paid after the annual due date for license fees as set out in Section 603.080:
1.
For failure to timely apply for license and/or submit the required statement pursuant to Section 603.080, unless it is shown that the failure was due to reasonable cause and not the result of willful neglect, evasion, or fraudulent intent:
a.
One (1) month or less delinquent: five percent (5%) of fee.
b.
Between one (1) month and one (1) day and two (2) months delinquent:
ten percent (10%) of fee.
c.
Between two (2) months and one (1) day and three (3) months delinquent:
fifteen percent (15%) of fee.
d.
Between three (3) months and one (1) day and four (4) months delinquent:
twenty percent (20%) of fee.
e.
More than four (4) months delinquent: twenty-five percent (25%) of
fee.
B.
To
the extent allowed by law, any person who shall exercise or attempt
to exercise, or engage in or carry on in the City any Business for
which a license is required under this Chapter, without first having
paid the license fee and obtained the license required under this
Chapter, and any person who shall otherwise violate or fail to comply
with any of the provisions of this Chapter shall upon conviction be
subject to punishment as provided in Section 100.220 of this Code.
C.
To
the extent allowed by law, any person who shall make or file with
the City Clerk any statement, under oath, required by this Chapter,
which is false, shall on conviction thereof forfeit any license based
upon such false statement and shall be punished as provided in Section
100.220 of this Code.
[Ord. No. 4297, 1-26-2023]
It shall be the duty of the City Clerk to carefully examine
all statements filed with him/her, and to notify the Prosecuting Attorney
of, and to prosecute, all violations of this Chapter. Before instituting
any prosecution based upon a false or incorrect statement filed with
him/her, the City Clerk shall give the person making such statement
an opportunity to explain and correct the statement, if inadvertently
made. It shall also be the duty of the City Clerk to enforce collection
of any and all amounts past due for license fees under this Chapter
by suit in any court of competent jurisdiction, together with the
applicable Statutory interest (at a rate equal to the adjusted prime
rate charged by banks, rounded to the nearest percent, which shall
become effective January 1 of each succeeding year), penalty, and
reasonable attorneys' fees for prosecuting such suit.
