[1]
Editor's Note: Former Art. I, Occupational Licenses, which derived from Ord. No. 898 §4, 8-18-2010; Ord. No. 953, 8-20-2015, was repealed by Ord. No. 1013, 1-13-2022.
[Ord. No. 1013, 1-13-2022]
A. 
It shall be unlawful for any person, either directly or indirectly, to conduct any business, trade, vocation, calling or occupation in whole or in part without a license or permit having been first procured and thereafter kept in effect for all such times as required by this Code or Chapter.
B. 
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 this article.
C. 
The annual fee for a license under this Chapter is $50.00. The term of all licenses shall commence on January 1 and expire on December 31 of each year. The fee for any such business shall be prorated in accordance with the quarter of the license year in which the application is made.
D. 
All licenses issued by the City shall be deemed to be mere personal privileges and shall not be transferable or assignable. When a change does occur, including but not limited to a change in ownership, name or location, a new license and fee is required.
[Ord. No. 1013, 1-13-2022]
A. 
The provisions of this Chapter shall not apply to any merchant, manufacturer, business, occupation, or trade which the City is prohibited from licensing or regulating by State Statute or superseding law.
B. 
No license shall be required of:
1. 
The owner of residential property who is performing work on the owner's property:
2. 
Any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his or her regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of the article;
3. 
Any person under the age of 18 years who is doing yard work, babysitting, or other work for property owners in the City which is not their regular trade or business.
[Ord. No. 1013, 1-13-2022]
A. 
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.
B. 
The City Clerk shall have the authority to make interpretations of any non-defined terms and is responsible to keep the same available to the public.
C. 
The City Clerk shall keep an accurate record of all licenses issued, showing the nature and address of the business, name of the licensee and any other information he or she deems proper.
D. 
The City Clerk, in issuing licenses required by this Chapter, shall:
1. 
Make available such rules, regulations and policies adopted by reference and amended from time to time for inspection and use by the public;
2. 
Enforce regulations of this Chapter;
3. 
Adopt all forms and prescribe the information to be given therein;
4. 
Require applicants to submit all affidavits and oaths necessary to the administration of this Chapter;
5. 
Submit all applications to other staff to verify compliance with all City ordinances, as applicable;
6. 
Investigate and determine the eligibility of any applicant for a license or renewal as prescribed in this Chapter;
7. 
Examine the books and records of any applicant or licensee when reasonably necessary for the administration and enforcement of this Chapter;
8. 
Notify any applicant of the acceptance, denial, suspension, or revocation of his or her application. Upon denial of any license and at the applicant's request, the City Clerk shall provide the reasons for the denial.
[Ord. No. 1013, 1-13-2022]
A. 
Every person required to procure a license under the provisions of any ordinance or law of the City shall submit an application for such license to the City license officer. The application shall:
1. 
Form. Be a written statement upon forms provided by the City license officer.
2. 
Contents. Contain all such information as required by this Chapter necessary for the license officer to determine eligibility for such license and other information which the City license officer shall find to be reasonably necessary to the fair administration of this article.
3. 
Payment of fees. Be accompanied by the full amount of the fees chargeable for such license.
[Ord. No. 1013, 1-13-2022]
A. 
Upon review of the application, the license officer may refuse to issue a license to the applicant for any of the following reasons:
1. 
Failure to pay the license fee;
2. 
Failure to pay any other obligation then due and owing the City;
3. 
Failure to complete any requirement as required by this Chapter.
B. 
A business denied a license shall not operate within the City until all regulations have been met.
A. 
No license required under the provisions of this chapter shall be issued to any contractor in the construction industry until such person produces a current copy of:
1. 
A certificate of insurance for general liability coverage. All contractors in the construction industry shall maintain general liability coverage in an amount not less than five hundred thousand dollars ($500,000.00).
2. 
A certificate of insurance for workers' compensation coverage or an affidavit signed by the applicant attesting that the contractor is exempt from the requirements of the Workers' Compensation Law, Chapter 287, RSMo., as amended, or applicable successor statues.
B. 
No building permit shall be issued by the City to any contractor, owner, or person in control of any real estate for the construction, erection or remodeling of any residence, building, bridge, stonework, sewer, or any other structure, or any parts thereof, unless that contractor, owner, or person in control of the real estate has been issued a business license as required in this Chapter.
C. 
Notwithstanding Subsection (B), a building permit shall be issued to any person doing work regulated by this Section in a single-family dwelling used exclusively for living purposes, including the usual detached accessory buildings, provided that such person certifies that they are a bona fide owner of such dwelling and accessory building(s); that the same are to be occupied by said owner; and that said owner shall personally purchase all materials and perform all labor in connection therewith.
[Ord. No. 1013, 1-13-2022]
A. 
In order to receive a business license required by this Chapter, any plumbing, electrical, or mechanical contractor intending to pull a permit or doing work requiring a permit must present a valid, current master or journeyman trade license from the City of Kansas City, Missouri; Independence, Missouri; or a certificate of competency with a 75% passing score from Prometric, ICC Contractor Examination Services or other nationally recognized testing institutions, or similar acceptable equivalent. Contractors subject to this requirement shall pay an additional fee of $25.00.
B. 
No electrical, mechanical, or plumbing contractor shall contract to perform or sublet any work requiring a permit to a person not licensed for such work under the provisions of this Section, or perform electrical, mechanical, or plumbing work, unless at least one (1) person who is licensed, as set forth in Subsections (A) and (B), is a member or employee of the business, organization, partnership, or corporation to do or doing the electrical, mechanical, or plumbing work, or is the person to do or doing the work.
No license shall be issued to any person or entity until all of its financial obligations to the City have been paid.
[Ord. No. 1013, 1-13-2022]
A. 
Every applicant for a 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 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. 
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. 1013, 1-13-2022]
A. 
The license officer shall have the power to revoke or suspend any business license for failure to maintain compliance with any requirements of this chapter.
B. 
Any business conducting business while suspended or revoked shall be deemed to have committed a violation of this Chapter.
C. 
A separate offense shall be deemed committed each day business is conducted after a license suspension or revocation.
D. 
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 or the laws of the State of Missouri;
2. 
Violation of the terms and conditions upon which the license was issued;
3. 
Violation of the terms and conditions of any permit granted by the City related to the business for which the license was issued;
4. 
Violation of any ordinance of the City regulating the business, activity or thing licensed;
5. 
Failure of the licensee to pay any tax or other financial obligation due to the City;
6. 
Illegal or improper issuance of the license;
7. 
Any misrepresentation or false statement in the application for such license;
8. 
Causing, maintaining or assisting in the cause or maintenance of a nuisance, whether public or private;
9. 
Conduct of the business in a manner so as to constitute a breach of the peace or so as to be harmful to public safety or health.
E. 
Revocation of any license shall be in addition to any other penalty or penalties prescribed in this Code.
[Ord. No. 1013, 1-13-2022]
A. 
Appeal. Any license applicant or licensee aggrieved by any decision of the City Clerk to deny, suspend, or revoke the business license shall have the right to appeal such action to the Board of Aldermen. Within fourteen (14) days of the adverse decision, a written request for a hearing before the Board of Aldermen contesting such suspension, denial or revocation shall be submitted. Such request shall state with specificity which part of the order is contested, the basis for the contest and the relief sought.
B. 
Hearing Procedure. Where a hearing has been requested pursuant to this Section, the Board of Aldermen shall hear the appeal within thirty (30) days of filing the written request for an appeal hearing. A hearing shall be held at the next regular scheduled Board of Aldermen meeting following the filing of the appeal unless agreement is reached between the person filing the appeal and the Board of Aldermen on another date for the hearing, which date shall be within the thirty-day period.
C. 
Appeals from the decision of the City Clerk in suspending a license may be pursued according to the provisions of Subsection (A) of this Section. Filing of an appeal shall stay any action on the suspension or revocation until a hearing has been held and a ruling has been made by the Board of Aldermen.
D. 
Effect Of Appeal. No appeal to the Board of Alderman or subsequent appeal to the Circuit Court of Platte County pursuant to Chapter 536, RSMo., pertaining to the status of a business license or any act by the City Attorney, City Clerk or investigators shall bar or prevent a prosecution for each and every violation of this Chapter.
[Ord. No. 1013, 1-13-2022]
Any person, firm or corporation violating any of the provisions of this Chapter shall be subject to the general penalty provisions contained in Section 100.040. Imposition of one (1) penalty for any violation shall not excuse the violation permitted to continue; and all such persons shall be required to correct or remedy such violation or defects within a reasonable time; and when not otherwise specified, each twenty-four-hour period that prohibitive conditions are maintained shall constitute a separate offense.
[Ord. No. 965, 8-18-2016[1]]
Auction/estate sales are defined as a sale conducted to dispose of the contents of a property being permanently vacated by the home owner or renter. Permission to conduct an estate sale/auction will not normally be given to anyone continuing to live within the City of Lake Tapawingo, Missouri. The words "auction/estate sales" will be referred to as "the sale" in this article.
[1]
Editor's Note: With the inclusion of Ord. No. 965, Chapter 615 was retitled, Business Regulations and existing Sections 615.010 through 615.090 were redesignated to Article I, Occupational Permits and Ord. No. 965 was designated as Article II, Estate Sales and Auctions
[Ord. No. 965, 8-18-2016]
A. 
Estate companies, auction companies, or their representative shall be required to obtain from the City Clerk of the City of Lake Tapawingo an occupational permit at least ten (10) days prior to the intended date of the sale. Any permit must be posted, or available for viewing, on the premises. The applicant shall submit an application containing the following information:
1. 
The name of the company/authorized agent.
2. 
The address where the auction/estate sale will take place.
3. 
The date(s) and hours of the sale.
4. 
A signed declaration of the ordinance pertaining to auctions/estate sales.
[Ord. No. 965, 8-18-2016]
The sale shall not be longer than (3) three days in duration and only between the hours of 8:00 A.M. and 6:00 P.M. Items for sale may not be placed outdoors prior to the day of sale. All clean-up activities must be completed within twenty-four (24) hours of the date of the sale.
[Ord. No. 965, 8-18-2016]
Directional signs may be posted within the City of Lake Tapawingo and must be removed at the end of the sale.
[Ord. No. 965, 8-18-2016]
Persons conducting the sale are responsible for parking and traffic control at the site of the sale. Parking is allowed only on the street and may not impede ingress or egress from any garage or driveway. Estate personnel are responsible for providing any and all additional personnel to direct or control parking issues. All such individuals shall obey the reasonable orders of any member of the Police or Fire Department of the City in order to maintain the public health, safety and welfare. The Police Department shall enforce any temporary controls as necessary to alleviate any special hazards and congestion created by the sale. Placement of no parking signs or other signs regarding parking or reserved parking areas shall be the sole responsibility of the personnel running the sale. The City of Lake Tapawingo or Lake Tapawingo Police Department will not provide parking signs for the sale.
[Ord. No. 965, 8-18-2016]
A Police officer or any other public official designated by any City ordinances to make inspections under the licensing or regulating ordinance or to ensure the licensing or regulating ordinance shall have the right of entry to any premises showing evidence of the sale for the purpose of enforcement or inspection, and may close the premises from such sale or arrest any individual who violates the provisions of this Article.
[Ord. No. 965, 8-18-2016]
The City Clerk or Police Department is granted authority to reasonably deny the issuance of the sale permit or to revoke its issuance in the event that sale could create or creates hazardous or unsafe conditions including, but not limited to, traffic congestion or the inability of the Police or Fire Personnel to provide adequate protection for the event. The denial or revocation of a permit is warranted, for example, when the issuance is in conflict with a public event in the City such as special events, parades, displays or ceremonies.
[Ord. No. 965, 8-18-2016]
Damage to driveways, shrubbery, grass, or any other damage within the City of Lake Tapawingo, Missouri, resulting from the sale is the sole responsibility of the persons conducting the sale. Repairs will be made at the seller's expense.
[Ord. No. 965, 8-18-2016]
Any person, firm or corporation violating any of the regulations of this Article shall be subject to the general penalty provisions contained in Section 100.040. Imposition of one (1) penalty for any violation shall not excuse the violation permitted to continue; and all such persons shall be required to correct or remedy such violation or defects within a reasonable time.
[Ord. No. 965, 8-18-2016]
Garage sales are excluded.
[Ord. No. 965, 8-18-2016]
If any provision of this Article is found to conflict with any provision of any other Article, then the provision of this Article shall control. Should any part, or parts of this chapter, be declared invalid for any reason, no other part, or parts of this Article shall be affected thereby.