[R.O. 2009 §5.04.010; City Charter 10.1; Prior Code
§3-101; Ord. No. 5538 §II, 3-3-2003]
A.
The
Council shall have power by ordinance to license, tax and regulate
all businesses, occupations, professions, vocations, activities or
things whatsoever set forth and enumerated by the Statutes of this
State now or hereafter applicable to Constitutional Charter Cities
or Cities of the Third or Fourth Class or of any population group
and which any such Cities are now or may hereafter be permitted by
law to license, tax and regulate.
B.
There
is levied and fixed a license tax upon the various things, objects,
vocations, callings, persons, occupations and businesses within the
City, as hereinafter in this Chapter are mentioned, and the same shall
be licensed, taxed and regulated as provided in this Chapter.
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 Sikeston.
[R.O. 2009 §5.04.020; Prior Code §3-102; Ord. No. 4755 §§4, 12, 12-4-1989; Ord. No. 4940 §2, 3-10-1993; Ord. No. 5593, 4-13-2004; Ord. No.
5714 §II, 6-07; Ord. No. 5828 §§II—III, 11-1-2010]
A.
It
is unlawful for any person to carry on or engage in any of the following
trades, vocations, callings, occupations or businesses or to do or
operate any of the things mentioned in this Section without first
having obtained a license therefor as provided in this Section and
the charges therefor and for the issuance thereof shall be made, which
have been fully settled and paid before the license becomes effective:
1.
Abstract agencies. Upon an abstract agency, the
sum of twenty-five dollars ($25.00) per year.
2.
Advertising agents. "Posters of bills" an "advertising agent" or "bill poster" is
any person who, for pay or compensations, engages in the business
of posting in public places any advertisement, notice, show bill or
other printed matter intended to advertise any occupation or business
and each such person who engages in such business in the City shall
pay a license tax of nine dollars fifty cents ($9.50) for every three
(3) month period or thirty-seven dollars fifty cents ($37.50) a year.
3.
Agents for bonding companies. Upon a license as
a bonding company or agent for a bonding company, the sum of twenty-five
dollars ($25.00) per year.
5.
Agents for nursery stock. Upon any agent for any
nursery stock, the sum of thirty dollars ($30.00) per year.
6.
Agents for ready-to-wear clothing. Upon an agent
or agency for tailor-made clothing, the sum of twenty-five dollars
($25.00) per year.
7.
Amusements. Upon amusements, the sum of one hundred dollars ($100.00) per year. Amusements, include, but are not limited to, businesses or persons that host or organize indoor or outdoor events including carnivals, circuses, pony rides, concerts, parties, or other public or private events for which an admission, cover, or entrance fee is charged, but shall not include movie theatres or live theatres otherwise licensed by the City. Amusements shall be subject to the provisions of Chapter 610 of the Sikeston Municipal Code.
[Ord. No. 6167, 11-4-2019]
8.
Architects. Upon architects, the sum of fifty dollars
($50.00) per year.
9.
Artists. Upon an artist, the sum of ten dollars
($10.00) per year.
10.
Astrologers, etc. Upon a license as a clairvoyant,
phrenologist, astrologer, palmist, slatewriter, medium or fortuneteller
by whatever method, the sum of fifty dollars ($50.00) per day.
a.
A "clairvoyant" is one who practices and has or
pretends to have the ability of seeing or discerning objects not present
to sense or within the reach of knowledge of persons under normal
conditions.
b.
A "phrenologist" is one who practices phrenology
or claims to read mental faculties or traits of character by the conformation
of the skull or the systems of faculties and their localization as
based in this hypotheses.
c.
A "fortuneteller" is one who for compensation tells
or pretends to tell, by any means or method whatsoever, the events
of one's life.
d.
An "astrologer" is one who for a compensation tells
or pretends to foretell future events by studying the position and
location of the heavenly bodies and ascertaining their alleged influences
upon human life and human destiny.
e.
A "palmist" is one who practices palmistry or claims
to reveal the past, present or future events by the lines in the palm
of the hand.
f.
A "medium" is a person who practices and to whom
the actions of another being is claimed to be manifested and transmitted
by artemal magnetism of a person to whom spiritual manifestations
are claimed to be made, especially one who is claimed to be capable
of holding communications with spirits of the deceased.
g.
A "slatewriter" is one who conducts seances at which
it is claimed that spirits of deceased persons write on slates, paper
and otherwise.
11.
Auctioneers. Upon each auctioneer, a license fee
of twenty-five dollars ($25.00) per year, providing the auctioneer
has an office/business located within the City limits of Sikeston,
providing that no auctioneer shall sell at auction any property whatsoever
upon any square, street or alley of this City.
12.
Automobile repair shop. Upon any keeper of an automobile
repair shop, the sum of twenty-five dollars ($25.00) per year. Any
person who shall keep and maintain any room, building or place in
which automobiles are kept for hire or in which automobiles belonging
to persons other than the owner or keeper of said room, building or
place where same are kept, stored and cleaned or repaired and for
said keeping, storing, cleaning or repairing a charge is made is hereby
declared to be a keeper of an automobile repair shop.
13.
Auto wrecking shops. (See automobile salvage yard.)
14.
Auto yards, salvage. Upon auto yards, the sum of
seventy-five dollars ($75.00) per year.
15.
Bakery delivery, truck or auto. Upon a license to
operate a bakery delivery, truck or auto, except a locally licensed
bakery truck, the sum of fifteen dollars ($15.00) per year.
16.
Banks. Upon banks, the sum of two hundred fifty
dollars ($250.00) per year.
a.
Branch banks/drive in. Upon branch banks/drive ins,
the sum of one hundred dollars ($100.00) per year.
17.
Barbershops. Upon barbershops, the sum of ten dollars
($10.00) per year for the first (1st) chair and five dollars ($5.00)
per year for each additional chair.
18.
Beauty parlors. Upon a license for a beauty parlor,
the sum of ten dollars ($10.00) per year for the first (1st) operator
and five dollars ($5.00) per year for each additional operator.
19.
Blacksmith shops. Upon a license for a blacksmith
shop, the sum of fifteen dollars ($15.00) per year.
20.
Boarding houses.
a.
Upon a license as a public boarding house, the sum of twenty-five
dollars ($25.00) per year.
b.
A "public boarding house", within the meaning of
this Subsection, is any place where meals or lodging or both are served
to the transient trade by day, month or single meal for pay or compensation,
which does not come within the definition of a "hotel" as hereinafter
set forth in this Chapter.
21.
Bowling lanes, recreation centers. Upon bowling
lanes, recreation center containing seven (7) or less lanes for bowling,
the sum of one hundred dollars ($100.00) per year; if containing eight
(8) or more lanes, the sum of two hundred dollars ($200.00) per year;
22.
Car wash. Upon the license for a car wash, the
sum of thirty-seven dollars fifty cents ($37.50) per year.
23.
Carnivals and street fairs. Upon all carnivals and
street fairs, the sum of one hundred dollars ($100.00) per week.
24.
Cemetery. Upon a cemetery, the sum of seventy-five
dollars ($75.00) per year.
25.
Coal dealers. Upon a license as a coal dealer,
the sum of thirty-five dollars ($35.00) per year and ten dollars ($10.00)
per year for each additional yard.
26.
Coffee and tea dealers.
a.
Upon a coffee and tea dealer, the sum of thirty-seven dollars fifty
cents ($37.50) per year.
b.
A "coffee and tea dealer" shall be defined as any
person who goes from place to place in the City and sells or offers
for sale coffee and tea or who goes from place to place in the City
and takes orders for coffee and tea for the future delivery to any
person in the City.
27.
Cold storage house. Upon a cold storage house, the
sum of seventy-five dollars ($75.00) per year.
28.
Collection agency. Upon every person representing
or holding himself/herself out a collection agency or doing a general
collection business for the public, the sum of twenty-five dollars
($25.00) per year.
29.
Contractors. Upon a contractor, the sum of fifty
dollars ($50.00) per year. Before a license can be issued, the contractor
must post with the City Collector a five thousand dollar ($5,000.00)
indemnity bond and a certificate of insurance conditioned that the
same shall hold the City harmless and all work performed shall be
done in accordance with the building codes as currently adopted by
the City.
30.
Dye works. Upon a dye works, the sum of twenty-five
dollars ($25.00) per year.
31.
Electrician and electrical contractors. Electricians
or electrical contractors, who shall engage in electrical wiring or
install electrical appliances within the City, shall pay the sum of
fifty dollars ($50.00) per year. Before a license can be issued, the
electrician must post with the City Collector a two thousand dollar
($2,000.00) electrical bond conditioned that the same shall hold the
City harmless and all work performed shall be done in accordance with
the Electrical Code currently adopted by the City.
32.
Express company or parcel service.
a.
Upon a license to do business as an express company or parcel service,
the sum of sixty dollars ($60.00) per year.
b.
An "express company or parcel service", within the
meaning of this Subsection, is any person engaged in the business
of receiving, forwarding and delivering money, paper, goods, merchandise
or other property for compensation.
33.
Exterminators. Upon a license to do business as
an exterminator and/or fumigator, the sum of twenty-five dollars ($25.00)
per year.
34.
Foundries. Upon a license for a foundry, the sum
of thirty-seven dollars fifty cents ($37.50) per year.
35.
Foundry and machine shops. Upon a license for a
foundry and machine shop, the sum of seventy-five dollars ($75.00)
per year.
36.
Health schools. Upon every health school, the sum
of twenty-five dollars ($25.00)/per year.
37.
Horse and cattle dealers. Upon a license for horse
and cattle dealers, the sum of sixty dollars ($60.00) per year.
38.
Ice dealers and ice plant agencies. Upon a license
as an ice dealer or ice plant agency, the sum of thirty-five dollars
($35.00) per year.
39.
Insurance agents. Upon an agent for an insurance
company of whatever nature, the sum of thirty-seven dollars fifty
cents ($37.50) per year; provided however, that when the agent is
engaged in the real estate business also, the sum of seventy-five
dollars ($75.00) per year.
40.
Insurance companies. Upon an insurance company,
the sum of seventy-five dollars ($75.00) per year.
41.
Intelligence or employment office.
a.
Upon each intelligence or employment office or keeper thereof, the
sum of fifty dollars ($50.00) per year.
b.
Any person who keeps or opens an office or place in the City for
the purpose of obtaining employment for others or gives information
whereby employers may obtain the same, for the compensation to be
paid for either party, shall be deemed to be the keeper of an intelligence
or employment office.
42.
Job printing. Upon a license to conduct a job printing
office, the sum of thirty-seven dollars fifty cents ($37.50) per year.
44.
Laundry agencies. Upon a laundry agency, the sum
of seventy-five dollars ($75.00) per year.
45.
Laundries—self-service. Upon a self-service
laundry, the sum of thirty-seven dollars fifty cents ($37.50) per
year.
46.
Loan companies.
a.
Upon a license for a loan company, the sum of two hundred dollars
($200.00) per year.
b.
A "loan company" is any person who buys, sells or
offers to buy or sell any stock or shares in any corporation, bonds,
notes, judgment or other securities or making money loans or profits;
provided that this Subsection shall not apply to any person having
a license for and doing business as a banking institution.
47.
Manufacturer.
a.
Upon a license as a manufacturer of any kind herein described, the
sum of two hundred dollars ($200.00) per year.
b.
A "manufacturer" is any person who holds or purchases
personal property for the purpose of adding to the value thereof by
any means of manufacturing, refining or by the combination of different
materials and shall include all persons engaged in the manufacturing
within the City of coats, shoes, toys, harness, sporting goods, agricultural
implements, wagons, carriages, paper products, collars, clothing,
bricks, gas, ice, meal, hoops, laths, lumber, egg cases and all other
articles made or produced by a manufacturer as above defined; provided
that this definition of a manufacturer shall not apply to any licensed
merchant who may manufacture articles which are exclusively sold at
his/her store, stand or place of business, nor apply to any shoemaker,
printer, carpenter, blacksmith or other mechanic whose finished product
is the result of his/her own labor.
48.
Masseuse or masseur.
a.
Upon every masseuse or masseur, the sum of fifty dollars ($50.00)
per year. No license shall be issued for a period of less than one
(1) year.
b.
A "masseuse" is a female and a "masseur" is a male who, for any consideration whatsoever, engages in the
practice of massage. The word "massage" being defined
as manipulation of tissues (as by stroking, rubbing, kneading or tapping)
with the hand or any instrument for remedial or hygienic purposes.
49.
Merchant commission.
a.
Upon every commission merchant, the sum of thirty-seven dollars fifty
cents ($37.50) per year.
b.
A "commission merchant" is any person who, for another
person and for a commission or other compensation, buys, sells or
receives a consignment for sale or negotiates between the owner and
purchaser for the purpose of sale of any goods, wares or merchandise,
flour, cotton, grain, provisions, produce or other article of commerce.
50.
Merchant delivery (companies). Upon every merchant
delivery company, the sum of thirty-seven dollars fifty cents ($37.50)
per year.
51.
Mercantile agents.
a.
Upon every mercantile agent, the sum of one hundred dollars ($100.00)
per year. No license shall be issued for a shorter term than one (1)
year.
b.
A "mercantile agent" is defined to be any person
having a place of business in the City where orders of the sale of
delivery of merchandise are taken or who goes from place to place
within the City and takes orders for the sales of goods, wares and
merchandise for future delivery.
52.
Merchant tailors. Upon a license as merchant tailor,
the sum of thirty-seven dollars fifty cents ($37.50) per year.
53.
Miniature golf courses. Upon a miniature golf course,
the sum of fifty dollars ($50.00) per year.
54.
Museums. Upon a license for a museum, the sum of
twenty-five dollars ($25.00) per year.
55.
Newspaper office. Upon a newspaper office of a daily
newspaper, the sum of two hundred dollars ($200.00) per year.
56.
Pawnbrokers. Upon a pawnbroker, the sum of five
hundred dollars ($500.00) per year for renewal fee. Provided that
all set requirements by the Sikeston Department of Public Safety are
met.
57.
Photographer. Upon every person who engages in the
operation of photography or picture gallery or studio, the sum of
thirty-five dollars ($35.00) per year.
58.
Photographer—itinerant. Upon an itinerant
photographer, the sum of twenty-five dollars ($25.00) per week.
59.
Pistol galleries. Upon a pistol gallery, the sum
of thirty-seven dollars fifty cents ($37.50) per year.
60.
Plumbers. No person, master plumber or journeyman
plumbers shall begin any job of plumbing in or about any building
of the City until such person has procured a plumber's license in
the sum of twenty-five dollars ($25.00) per year; before a license
can be issued, the plumber must post with the City Collector a performance
bond in the amount of two thousand dollars ($2,000.00), conditioned
the same shall hold the City harmless and all work performed shall
be done in accordance with the provisions of the Plumbing Code currently
adopted by the City.
61.
Pool tables/billiards. Upon a license to keep pool
tables or billiards upon which games are played with balls and cues,
for compensation to the owner or keeper thereof, the sum of fifteen
dollars ($15.00) per year for the first (1st) table and seven dollars
fifty cents ($7.50) per year for each additional table set up or used;
62.
Precious commodities broker/agent. Upon a precious
commodities broker/agent, the sum of sixty dollars ($60.00) per year.
63.
Public halls. Upon public halls, the sum of twenty-five
dollars ($25.00) per year.
64.
Real estate agents or brokers.
a.
Upon agents and brokers, the sum of forty-five dollars ($45.00) per
year, provided however, that if more than one (1) real estate agent
and/or broker are carrying on such a trade or occupation under a single
agency, the single agency fee shall be forty-five dollars ($45.00)
and shall cover each and every real estate agent and/or broker in
the agency.
b.
"Real estate agent" means any person who acts as
agent in the leasing, renting or selling of any house or real estate
at public or private sale or who receives or collects rents or collects
rents for another for a commission or other compensation or who advertises
or displays any sign or device designating him/her as agent for renting,
collecting rents upon or leasing or selling houses or real estate.
c.
"Real estate broker" means any person who, for a
commission or other compensation, sells or negotiates for the sale
of real estate belonging to others.
65.
Refreshment stands. Upon a refreshment stand, the
sum of three dollars ($3.00) per day.
67.
Sale of unclaimed goods by express companies or common carriers. Upon license for the sale of unclaimed goods by express companies
or common carriers, the sum of twenty-five dollars ($25.00) per year.
68.
Shoe repair shops. Upon every shoe repair shop,
the sum of twenty-five dollars ($25.00) per year.
69.
Shoe shining parlors. Upon a license to operate
a shoe shining parlor, the sum of seven dollars fifty cents ($7.50)
per year.
71.
Skating rinks. Upon a skating rink, the sum of thirty-seven
dollars fifty cents ($37.50) per year.
72.
Slaughterhouses, abattoirs. Upon a slaughterhouse
or abattoir, the sum of fifty dollars ($50.00) per year.
73.
Solicitors for businesses. Upon each solicitor for
cars, stages, taxicabs, hotels, rooming houses, bathhouses, masseurs,
physicians, chiropractors, osteopaths, hospitals, sanitariums, health
schools and all other vocations and businesses, the sum of twenty-five
dollars ($25.00) per year.
74.
Solid waste. Upon solid waste, the sum of fifty
dollars ($50.00) per truck (see Solid Waste).
75.
Steam fitters. Upon a steam fitter, the sum of twenty-five
dollars ($25.00) per year.
76.
Stockyards, sales stables and auction barns.
a.
Upon stockyards, sales stables and auction barns, the sum of one
hundred dollars ($100.00) per year.
b.
Within the meaning of this Subsection, a "stockyard", "sales stable" and "auction barn" are defined to be places where mules, horses, cattle, hogs, sheep
or other goods or wares are brought or kept to be sold or bartered
for compensation.
77.
Storage warehouses. Upon a license for each separate
entity or person that operates storage warehouses or units for the
storage of goods or wares, the sum of two hundred dollars ($200.00)
per year regardless of the number of locations.
78.
Street exhibitions. Upon street exhibitions, the
sum of fifteen dollars ($15.00) per week.
79.
Tinners. Upon a license as a tinner, the sum of
thirty-seven dollars fifty cents ($37.50) per year.
80.
Truck line office or terminal. Upon a truck line
office or terminal, the sum of seventy-five dollars ($75.00) per year.
82.
Vehicles for hire. No person shall, within the City,
use or drive or cause to be used, run or driven any omnibus, hack
or carriage or other vehicle such as automobile, truck, buggy, wagon,
cart or dray, motorcycle or hackney of any kind not herein specified,
for hire, without a license tax on such vehicles owned and/or used
within the City. For each vehicle herein described which is used for
the transportation of freight or passengers for hire, the sum of fifteen
dollars ($15.00) per year for the first (1st) vehicle and the sum
of ten dollars ($10.00) per year for each additional vehicle.
83.
Vehicle delivery. There is levied a license tax
in the sum of twenty-five dollars ($25.00) per year upon any person
who operates any motor truck, wagon or automobile upon the streets
of the City, any dairy products, meat products, coal, ice, ice cream,
soda water, bread, pies, cakes and other such product, gasoline and/or
oils that are for sale at wholesale or retail.
84.
Vending machines. Upon each amusement, food or other
vending machine business or shop operating in the City, the sum of
two hundred dollars ($200.00) per year. The license tax shall apply
to the "business" or "shop" regardless of the number of vending machines
operated by such within the City and whether the home office thereof
is located in this City or elsewhere. The term "vending machine
business or shop" is hereby defined as all machines, as a
whole, operated by any one (1) operator.
[R.O. 2009 §12.12.010; Prior Code §8-108; Ord. No. 6283, 12-5-2022]
A.
It shall hereafter be unlawful for any person to vend or sell from
a vehicle any goods, wares or merchandise of any type or kind on and
along the streets of the City within one hundred (100) feet from the
front door or main entrance of any licensed business establishment
in any part of the City except the zone which sells or vends any goods,
wares or merchandise which is similar to or like the particular goods,
wares and merchandise sold by the particular street vendor.
B.
Nothing in this Section contained shall relieve any street vendor
from being licensed as required by Title VI.
[R.O. 2009 §5.04.030; Prior Code §3-104(d)]
For the purpose of this Chapter, "gross receipts" means the gross receipts or sales of the business, occupation or
calling for which the license was issued, either through the sale
of merchandise or through the sale of services or derived through
transactions of the licensees, all as the case might be, whether such
sales, services, transactions be for cash or credit.
[R.O. 2009 §5.04.035]
For the purpose of this Chapter, "retail gross receipts" means any transfer of title to tangible, personal property to the
purchaser, for use or consumption and not for resale, in any form,
as tangible, personal property for consideration. Included within
the definition of retail gross receipts are retail sales which may
or may not be subject to State and local sales tax.
[R.O. 2009 §5.04.040; Ord. No. 4723, 5-1-1989]
Any business determined by the City Collector in which sixty percent (60%) or more of the goods, wares or merchandise are sold at retail, except as provided for in Section 605.020, shall obtain a license therefore which has been fully settled and paid before said license becomes effective.
[R.O. 2009 §5.04.050; Prior Code §3-104(a—c)]
A.
Every person, persons, firm, association, organization, partnership or corporation, before engaging in any of the businesses enumerated in Section 605.050, shall obtain from the City Collector a license granting the privilege of engaging in business or occupation and pay to the City Collector a license fee as follows:
1.
Where the gross annual sales and/or receipts of the licensed business,
occupation or calling have amounted to less than fifty thousand dollars
($50,000.00) for the preceding twelve (12) month period from July
first (1st) to June thirtieth (30th), the license fee shall be twenty-five
dollars ($25.00) per year;
2.
Where the gross annual sales and/or receipts of the licensed business,
occupation or calling have amounted to more than fifty thousand dollars
($50,000.00) for the preceding twelve (12) month period from July
first (1st) to June thirtieth (30th), the license fee shall be fifty
cents ($.50) per each one thousand dollars ($1,000.00) or fractional
part thereof of the gross annual sales and/or receipts of the preceding
period per year; and
3.
Where the gross annual sales and/or receipts of the licensed business,
occupation or calling have amounted to more than one million six hundred
thousand dollars (1,600,000.00) for the preceding twelve (12) month
period from July first (1st) to June thirtieth (30th), the maximum
license fee shall be eight hundred dollars ($800.00).
[R.O. §5.04.055]
For the purpose of this Chapter "wholesale gross receipts" means any transfer of title to tangible personal property, to the
purchaser, not for the use or consumption of said purchaser, but for
resale in any form as tangible personal property for consideration.
[R.O. 2009 §5.04.060; Prior Code §3-105]
A.
It
is unlawful for any person to carry on or engage in any of the following
trades, vocations, callings, occupations or businesses or to do or
operate any of the things hereinafter mentioned without first having
obtained a license thereof and for the issuance and charged thereof
shall be made.
1.
Wholesale butcher;
2.
Wholesale feed dealer;
3.
Wholesale gasoline and/or oil distributor (bulk station);
4.
Wholesale grocer;
5.
Wholesale merchant: Any person or business who sells not less than
sixty percent (60%) of any goods, wares or merchandize to retailers
or other persons for resale by such purchasers.
[R.O. 2009 §5.04.070; Prior Code §3-106]
A.
Every person, persons, firm, association, organization, partnership or corporation, before engaging in any of the businesses enumerated in Section 605.080, shall obtain from the City Collector a license granting the privilege of engaging in business or occupation and pay to the City Collector a license fee as follows:
1.
Where the gross annual sales and/or receipts of the licensed business,
occupation or calling have amounted to less than one hundred sixty-seven
thousand dollars ($167,000.00) for the preceding twelve (12) month
period from July first (1st) to June thirtieth (30th), the license
fee shall be twenty-five dollars ($25.00) per year;
2.
Where the gross annual sales and/or receipts of the licensed business,
occupation or calling have amounted to more than one hundred sixty-seven
thousand dollars ($167,000.00) for the preceding twelve (12) month
period from July first (1st) to June thirtieth (30th), the license
fee shall be fifteen cents ($.15) per each one thousand dollars ($1,000.00)
or fractional part thereof of all gross annual sales and/or receipts
of said preceding period, per year; and
3.
The maximum license fee for any twelve (12) month period shall be
eight hundred dollars ($800.00).
[R.O. 2009 §5.04.080]
A.
Within thirty (30) days after the close of the year for which the license is issued, as enumerated in Sections 605.060 through 605.090, the licensee shall in person or by duly authorized agent make and file with the City Collector in a manner and form to be prescribed by the Collector:
1.
For any business, except contractors, employing five (5) or more
employees, a certificate of insurance verifying current Workers' Compensation
coverage for said business.
2.
A statement disclosing the amount of gross receipts from sales and
service received during the preceding twelve (12) month period from
July first (1st) through June thirtieth (30th), which shall be accompanied
by a copy of the applicant's State sales tax return or other verifying
gross receipts record as made to the Director of Revenue of the State
of Missouri, said copy shall be confidential and shall not be disclosed
by the City Collector.
[R.O. 2009 §5.04.090; Prior Code §3-108]
The fee for the license to engage in any business or occupation, as stated in Sections 605.060 through 605.090 for which a previous license has not been issued, shall be based on an estimation of gross receipts agreeable to both the applicant and the City Collector and prorated for the balance of the year for which such licenses are issued.
[R.O. 2009 §5.04.110; Ord. No. 5688 §II, 8-06]
A penalty of ten percent (10%) per month shall be added to all
City business license fees which are not paid within sixty (60) days
of their due date. Unless otherwise specified, City license fees are
due and payable on July first (1st) of each year and become delinquent
if not paid before September first (1st).
[R.O. 2009 §5.04.120; Prior Code §3-111(a); Ord. No. 4553, 3-3-1986]
Every license issued by virtue of any requirement or provision
of this Chapter or any Section thereof shall be signed by the Mayor
and attested by the City Clerk. The City Clerk shall affix the corporate
seal of the City thereto. No license shall be issued to any person
until the business license application inspection form has been completed
by authorized personnel and the amount prescribed therefore has been
paid to the City Collector and no license shall in any case be assigned
or transferred, except as hereinafter provided.
[R.O. 2009 §5.04.130; Prior Code §3-111(c); Ord. No. 5430 §2, 11-01]
Business licenses shall not be issued to any person or corporation
with delinquent City personal property taxes and/or merchants and
manufacturers taxes and/or any City taxes, charges, fines, assessments
or obligations.
[R.O. 2009 §5.04.140; Prior Code §3-112]
A license record shall be kept by the City Clerk, which shall
show the name of the person, the amount of the license and the expiration
of same.
[R.O. 2009 §5.04.150; Prior Code §3-113]
All money received by the City Collector as license fees shall
be placed in the General Revenue Fund of the City.
[R.O. 2009 §5.04.160; Prior Code §3-114]
Every person receiving and having a license issued by the City
for any business, occupation, trade or vocation of whatever kind or
character shall keep the license at all times posted in full view.
[R.O. 2009 §5.04.161; Ord. No. 4695, 10-17-1988]
All persons, firms or corporations engaged in any business or
occupation for which a license is required by the terms of this Chapter
and all persons, firms or corporations actually obtaining any such
license for any business or occupational activity enumerated in this
Chapter shall at any time during the business hours of said business
or occupation permit the City Manager, his/her authorized delegate
or any public safety officer of the City to make an inspection of
the business and the activities for which said license has been issued
to insure license is current and correct with respect to conforming
to the reason of issuance and that no significant public health or
safety hazard exists.
[R.O. 2009 §5.04.180; Prior Code §3-116; Ord. No. 4553, 3-3-1986]
Any person engaged in two (2) or more occupations or callings
which are or may be subject to the payment of an occupational tax
as set up in this Chapter shall be required to pay the tax upon that
occupation or calling for which the tax is highest; provided however,
that such occupations are operated as one (1) unit or one (1) business
and in the same building or same premises and provided the business
license application form has been completed and qualified by authorized
representatives of the stated departments.
[R.O. 2009 §5.04.200; Ord. No. 4629, 8-3-1987]
Shall be defined as entering, annually, into at least one (1)
but not more than five (5) contracts for the repair, construction
or remodeling of improvements upon real estate wherein the charges,
costs or worth of said repair, construction or remodeling, including
materials and labor, shall not exceed thirty-five hundred dollars
($3,500.00) for each contract.
[R.O. 2009 §5.04.210; Ord. No. 4629, 8-3-1987]
Handyman licenses will be issued to all individuals who wish
to engage in "minor general construction" within the City of Sikeston
for a twenty-five dollar ($25.00) annual license fee.
[R.O. 2009 §5.04.220; Ord. No. 4629, 8-3-1987]
Building permits shall be required for all construction projects
engaged in by one qualifying and licensed under this Chapter and no
more than five (5) permits shall be issued to any such licensee per
year.
[R.O. 2009 §5.04.230; Ord. No. 4629, 8-3-1987]
The licensure period for the license required by this Chapter
shall be July first (1st) through June thirtieth (30th) of each year.
The fee for the license year ending June thirtieth (30th) of each
year shall be prorated as of the date of application for any such
license.
[R.O. 2009 §5.04.240; Ord. No. 4595 §1, 9-2-1986]
All individuals that perform "building contractor" work within
the City of Sikeston, Missouri, except those performing electrical
or plumbing work where a permit is required, under the guidelines
established for receipt of a "handyman license" will be exempt from
the requirements of this Chapter.
[R.O. 2009 §5.04.250; Ord. No. 4597 §1, 10-6-1986; Ord. No. 4636 §1, 11-2-1987]
A.
No
permit shall be issued for the construction of a building or structure
in the City or for the repair or alteration of the exterior of any
building or structure or any permitting electrical or plumbing work,
unless a certificate or other proof is filed showing that the contractor
carries Workers' Compensation insurance and public liability insurance
with a one million dollar ($1,000,000.00) combined single limit.
B.
Before
any contractor doing any work for the City on any street or highway
or on any building or premises owned by the City commences work, he/she
shall file with the Clerk a certification or other proof showing that
he/she carries Workers' Compensation and public liability insurance
as required by the ordinance and the terms of his/her contract.
C.
Before
any contractor shall be issued a license as a building contractor,
he/she shall first obtain and post with the City Clerk an acceptable
performance and indemnity bond in the amount of five thousand dollars
($5,000.00) conditioned that the bond shall save the City harmless
against violations of the Chapter and that all work performed by the
building contractor shall be done in accordance with the provisions
of this Chapter.
[Ord. No. 6159, 11-4-2019]
A three-member Business License Review Board is hereby established
consisting of the chief review officer appointed by the City Manager,
another City employee appointed by the City Manager and a member appointed
by the City Council to serve a three-year term. The City Manager’S
appointees shall be current City employees and shall serve at the
pleasure of the City Manager.
[Ord. No. 6159, 11-4-2019]
A.
Suspension
Or Revocation Of License – When – Manner.
1.
Suspension Or Revocation. The City Manager may suspend or revoke
the license of any licensee under this Chapter who has failed to meet
the standards of conducting business set forth in this Chapter or
who has made any false, misleading, fraudulent statement in the license
application, or made significant changes in the nature of the business.
2.
Notice Of Suspension Or Revocation. The City Manager shall suspend
or revoke a license issued under this Chapter by sending notice of
the suspension or revocation to the licensee by first class mail or
by personal service on the licensee or the person in charge at the
licensed premises. Mailed notice shall be presumed received three
(3) days after it is mailed. The notice shall contain:
a.
A statement of the grounds for the suspension or revocation.
b.
The effective date of the suspension or revocation, which shall be
at least ten (10) days after the notice is received.
c.
In the case of a suspension, the length of the suspension.
d.
Instructions on how to appeal the suspension or revocation.
3.
Appeal To Business License Review Board. The licensee may appeal
the suspension or revocation by requesting a hearing before the Business
License Review Board. The appeal must be in writing, addressed to
the chief review officer and received by the chief review officer
within ten (10) days after the notice of suspension or revocation
was received. Receipt of an appeal by the chief review officer shall
automatically stay enforcement of the suspension or revocation until
after the hearing.
B.
Grounds
For Suspension Or Revocation.
1.
Violating any of the provisions of either this Chapter, Missouri
Revised Statutes or any ordinance of the City.
2.
Making a false affidavit in an application for a license, procuring
permit by fraud or false representation of facts, or application contains
false/misleading statements, evasions or suppression of material facts.
3.
Failing to keep an orderly place or house; providing an environment
conducive to allowing criminal activity.
4.
When reasonably necessary in the interests of protection of the public
health, safety, peace or welfare.
5.
Selling, giving, offering for sale, possessing, knowingly permitting
the consumption of any kind of intoxicating liquors, the sale, possession
or consumption of which is not authorized under a proper license.
6.
Maintaining a public nuisance under Section 579.105, RSMo.
7.
Illegal issuance of the permit or license, including issuance under
an unauthorized ordinance, issuance by mistake, or issuance in violation
of an ordinance.
8.
Illegally selling, giving, offering for sale, possessing, or knowingly
permitting the consumption of any kind of controlled substances.
9.
Substantial violations of the terms and conditions on which a license
or permit is issued.
10.
Violation of ordinances or laws authorizing or regulating the license
or permit, or regulating the business activity or purpose for which
the license or permit is issued.
11.
Wrongful behavior of a substantial character and of a public concern
in relation to the licensed activity.
C.
Effect
Of Suspension. No person whose license is under suspension by order
of the City Manager shall be permitted to operate or engage in any
trades, vocations, callings, occupations or businesses, until the
suspension is lifted.
D.
A license
under consideration for revocation or suspension may not be transferred,
nor maintained by any consanguinity, under the control of original
license holder.
[Ord. No. 6159, 11-4-2019]
A.
Testimony—Evidence.
Hearings before the Business License Review Board shall be in the
nature of informal investigations. Testimony of witnesses and other
evidence pertinent to the inquiry may be taken in such hearings, and
all proceedings in such hearings shall be recorded. Any person residing
or conducting a business within two hundred (200) feet of the proposed
establishment shall have the right to produce witnesses and testimony.
B.
Witnesses—How
Summoned. Subpoenas may be issued by the Business License Review Board
for any person whose testimony is desired at any hearing. Such subpoenas
may be served and returns thereon made by any agent and in the same
manner as provided by law for the service of subpoenas in civil suits
in the Circuit Courts of this State. The Business License Review Board
also may issue subpoenas duces tecum requiring the production of documents
or other items pertaining to the subject of the inquiry.
C.
Witnesses
To Be Sworn. Before any witness shall testify in any such hearing,
he/she shall be sworn by the City Clerk to tell the truth and nothing
but the truth.
D.
Decision—Suspension Or Revocation. If the evidence supports a finding that the license should be revoked or suspended pursuant to Section 605.270 of this Chapter, the Business License Review Board shall issue a written order which shall include specific findings of fact setting forth the grounds for the action taken. If the evidence fails to support a finding that the license should be revoked or suspended, then no such order shall be issued.
E.
Appeal.
Any applicant or licensee aggrieved by a decision of the Business
License Review Board may appeal such decision to the Circuit Court
as provided in Chapter 536, RSMo., provided such appeal is filed within
thirty (30) days of the date of the Business License Review Board’s
decision. The Business License Review Board may delay the implementation
of its order pending appeal.
