Section 605.200 Classification — Representative Listing of Types of Manufacturers/ Businesses Covered.
[CC 1968 §11-14; Ord. No. 377 §1, 12-18-1967]
Pursuant to authority granted by Article XI of the City Charter, this Chapter is hereby established and shall be known as the "Occupational Licensing Code" of the City, and shall apply to all corporations, companies, associations, joint stock associations, partnerships, co-partnerships, and persons and/or their lessees, duly constituted trustees or receivers, heirs, administrators or assigns, who shall engage in any business, trade, vocation, profession; specifically excepting those professions or callings exempted from license requirements by virtue of Section 71.620 and 71.630, RSMo., as amended, same being as follows: minister of 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 the State of Missouri.
[CC 1968 §11-15; Ord. No. 377 §2, 12-28-1967]
When used in this Chapter the following words and phrases shall have the meanings set out herein:
- BUSINESS, TRADE, VOCATION, PROFESSION OR OCCUPATION
- Every person who shall deal in the selling of any goods, wares, merchandise, or services; or who shall, as a practice in the conduct of such business, trade, vocation, profession or occupation, make or cause to be made, any wholesale or retail sales of goods, wares, merchandise, or services to any person or association of persons, shall be classified as a "business", whether said sales be accommodation sales, made from a stock of goods on hand, or by ordering from another source, or by listing, and whether the subject of said sales or services be similar or different than the type, if any, regularly offered or performed by said seller.
- CHIEF OF POLICE
- The Chief of Police and/or his/her duly authorized Deputies and Patrolmen.
- For the purpose of this Chapter the term "employee" shall be deemed to mean each and every individual natural person deriving either wages, tips, commissions, fees, draw accounts, or any combination thereof, from said business, trade, vocation, profession or occupation.
- Includes any person, as hereinafter defined, who shall apply and obtain a license under the terms and/or provisions of this Chapter and in accordance therewith.
- Every person who shall hold or purchase personal property for the purpose of adding to the value thereof by any process of manufacturing, or by the combination of different materials, or shall sell or purchase manufactured articles such as are manufactured by it, or such as are used in manufacturing.
- Shall mean natural person, firm, partnership, co-partnership, corporation, company, association, joint stock association, and/or their lessees, duly constituted trustees or receivers, heirs, administrators or assigns.
[CC 1968 §11-16; Ord. No. 377 §§23, 25, 12-28-1967; Ord. No. 3444 §1, 1-22-2002]
Doing Business Without License. Any person engaging in any business or manufacturing, as herein provided, without either first paying the license fee and securing a license therefor, as required by this Chapter, or continuing to engage therein after a license has expired, upon conviction thereof, shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each day of such violation.
Violation Of Revocation Or Suspension Order. Any person violating any order of the City Council of suspension or revocation issued pursuant to Section 605.150 of this Chapter by continuing to engage in business or manufacturing during the term of suspension or revocation (and each day's violation shall constitute a separate and distinct offense), upon conviction thereof, shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each day of such violation.
False Statements In Application. No person shall knowingly make a false statement in his/her application for a license as to any conditions or factors upon which the license fee is or shall be based.
Any person found making a false statement in his/her application for a license as to the average number of employees in an amount less than the true number thereof, or knowingly making a false statement as to any other condition or factor upon which the license fee is or shall be based, the effect of which was or would be to reduce the amount of such fee, shall, in addition to all other penalties now provided by law, pay to the City Collector, upon demand therefor, the additional amount of license fee found to be due, plus a penalty of twenty-five percent (25%) of such additional fee together with interest on the additional license fee of one percent (1%) per month, not to exceed ten percent (10%), for each month or fraction thereof, after date when the original license fee was due and payable; and any license theretofore issued to any such person shall be subject to suspension or revocation if so determined by the City Council.
[CC 1968 §11-17; Ord. No. 377 §3, 12-28-1967]
There are hereby levied license fees as hereinafter provided in this Chapter, due and payable from any and all persons engaged in any business or manufacturing within the City and as contemplated by this Chapter, and no such person shall engage in any such business or manufacturing without first having obtained a license therefor, paying said license fee, and registering said business or manufacturer with the office of the City Collector.
[CC 1968 §11-18; Ord. No. 377 §4, 12-28-1967; Ord. No. 3444 §2, 1-22-2002]
It shall be unlawful for any person to operate a business or manufacture, engage in a trade, vocation, profession or occupation unless and until all personal taxes, merchant taxes, manufacturer taxes, sales taxes, special assessment taxes, other license fees, inspection fees, or any other financial obligations which are delinquent and owing to the City have been paid. No license provided for or required under this Chapter, or any other ordinance of the City, shall be issued by any department until compliance with this Section shall have been fulfilled.
[CC 1968 §11-19; Ord. No. 377 §§6, 20, 12-28-1967; Ord. No. 3025 §1, 11-3-1997]
License Year. Except as otherwise specifically provided by ordinance, the license year for all business or manufacturer licenses issued under this Chapter shall begin March first (1st) and end the last day of February. All such licenses shall be due and payable on or before March first (1st) of each year and may be purchased beginning February first (1st) of the license year.
Prorating Of License Fee. All licenses provided for in Section 605.160 of this Chapter shall expire on the last day of February of each year.
Any application for a new license under Section 605.160 of this Chapter received after March first (1st) of any calendar year shall be pro-rated during the terms and in the percentages as follows:
After March 1 and prior to or on May 31: 100% of yearly fee.
On or after June 1st and prior to or on August 31: 75% of yearly fee.
On or after September 1 and prior to or on November 30: 50% of yearly fee.
On or after December 1 and prior to or on the last day of February: 25% of yearly fee.
Editor's Note — All licenses affected by this section shall be extended by ord. no. 3025 to February 28, 1998, at which time they shall expire. In 1998 any renewal license changed from being due January 1 to being due March 1, in addition to the yearly fee, the licensee shall be charged 16.7% of the annual fee to cover fees for the period from January 1, 1998 through and including February 28, 1998.
[CC 1968 §11-20; Ord. No. 377 §§6, 20, 12-28-1967; Ord. No. 1570 §2, 10-20-1986; Ord. No. 4428 §2, 2-19-2013]
All applications (returns) for licenses provided for in this Chapter shall be filed with the City Collector. The Finance Department shall prescribe the form of application (return) and license form. The application (return) will be used to determine the tax due. Except as otherwise provided by ordinance, all licenses issued under this Chapter shall be signed by the Mayor and the City Clerk, or by facsimile, and shall be invalid for all purposes unless so signed.
[CC 1968 §11-21; Ord. No. 377 §10, 12-28-1967]
A separate license shall be obtained for each separate legal business entity conducted, operated, maintained, or carried on by every person engaged in any business or manufacturing for which a license is required by this Chapter.
[CC 1968 §11-22; Ord. No. 377 §12, 12-28-1967]
Whenever any person making application for a license under the provisions of this Chapter is engaged in more than one (1) business, which are not operated as a separate legal business entity, at the same address, such person shall combine the information for all businesses conducted at the same address, as required for the purpose of determining the license fee, the same as if all were conducted as a single business operation.
[CC 1968 §11-23; Ord. No. 377 §§7, 19, 22, 12-28-1967; Ord. No. 4475 §1, 2-3-2014]
Processing Of Application. All licenses required by this Chapter shall not be issued until approved by Code Enforcement. If, for good cause shown, the Code Enforcement Officer shall disapprove the application for a license under the provisions of this Chapter, or shall fail to act upon same within twenty (20) days from the date of filing of said application, the applicant may, within thirty (30) days following the date of disapproval, submit a written appeal to the City Council as hereinafter provided, with the right of hearing, by filing same with the City Clerk who shall thereupon docket such appeal with the City Council for consideration and decision at the next regular or special duly convened meeting of the Council.
Zoning Requirements. It is further provided that all licensees, as contemplated by this Chapter, shall comply in every respect with the Zoning Code and other ordinances of the City. On all new applications the Code Enforcement Officer shall certify that the premises meet minimum code standards as established by the City before issuance of such license.
No license shall be issued for a contractor in the construction industry until the Finance Department has received a certificate of workers' compensation coverage or an affidavit, in a form provided by the City, signed by the applicant attesting that the contractor is exempt from workers' compensation coverage. The City shall not have the duty to investigate any certificate of coverage or affidavit filed pursuant to this provision. Nothing in this subsection shall be construed to create or constitute a liability to, or a cause of action against, the City in regard to the issuance of any license pursuant to this section as stated in Section 287.061, RSMo., as amended from time to time.
Validation Receipt—Issuance of License. Upon acceptance of the application, as herein provided, it shall be the duty of the Finance Department to collect the required license fee and to issue a proper validation receipt therefor prior to issuance of the license. It shall be the duty of the Finance Department to issue all licenses upon approval.
Claim for Refund. No claims for refund shall be allowable under the structure of this Chapter.
Liquors. Nothing in this Chapter shall be construed as authorizing any person to sell intoxicating or non-intoxicating liquors by virtue of said license.
[CC 1968 §11-24; Ord. No. 377 §8, 12-28-1967]
It shall be the duty of the Finance Department to keep a complete and accurate record of all licenses issued under this Chapter, showing the nature of the license, its date of issuance, to whom issued, and the amount of the fee collected therefor.
[CC 1968 §11-25; Ord. No. 377 §11, 12-28-1967]
A license may be amended to authorize the conduct of the same business or manufacturing at a different location, provided the control of same remains in the same person, upon filing with the Finance Department an amended application, within fifteen (15) days of the change, showing the change of address and upon paying a fee of one dollar ($1.00). It shall also be compulsory that Section 605.100(B) of this Chapter be complied with in respect to the new location and premises.
A license issued to any person under the provisions of this Chapter shall not be transferable from one (1) person to another person in the event of change of ownership.
[CC 1968 §11-26; Ord. No. 377 §9, 12-28-1967]
All licenses issued by the City under this Chapter shall be carefully preserved and prominently displayed in a conspicuous manner in the place of business authorized to be conducted by said licensee.
[CC 1968 §11-27; Ord. No. 377 §21, 12-28-1967; Ord. No. 4428 §1, 2-19-2013]
A penalty for failure to file an application (return) and/or to pay the full amount of the taxes or fees due on or before the first day of March of each year shall be imposed pursuant to, and in the same manner as provided in, the penalty provisions of Section 144.250, RSMo., as currently amended.
[CC 1968 §11-28; Ord. No. 377 §24, 12-28-1967; Ord. No. 3444 §3, 1-22-2002]
The City Council shall have the power to suspend or revoke any license granted under the terms and provisions of this Chapter and to direct the Blue Springs Police Department to take the actions necessary to secure the business so that it can no longer operate or remain open for business whenever it shall be shown, or whenever they have knowledge that a licensee is conducting said business or manufacturing in violation of any ordinance of the City. The City Council shall have the power to issue subpoenas and all necessary processes and to require the production of papers, to administer oaths and to take testimony and to make findings thereon and shall hold a public hearing prior to such revocation or suspension.
The City Council shall not suspend any said license for a period in excess of sixty (60) days.
Where a hearing relative to possible suspension or revocation is to be held pursuant to this Section, the licensee shall have five (5) days written notice of the time and place of such hearing. Said written notice shall be directed by certified or registered U.S. mail to the business address of the licensee on said licensee's application on file in the office of the Finance Department and shall specify the grounds upon which the license is sought to be suspended or revoked.
The licensee shall have full right to be represented by counsel at such hearing, to produce witnesses in his/her behalf, and any such hearing, as herein provided, shall be before the City Council.
[CC 1968 §11-31; Ord. No. 377 §15, 12-28-1967; Ord. No. 3641 §1, 1-5-2004]
Except as otherwise provided for in Chapter 610, every person engaged in a business (excluding those exempted by Section 71.620, RSMo., as amended, and as set forth in Section 605.010 of this Chapter), shall procure and pay for a license based upon the following: Thirty-five dollars ($35.00) for the business plus the sum of two dollars ($2.00) per employee (as defined in Section 605.020 of this Chapter).
[Ord. No. 3157 §1, 8-16-1999; Ord. No. 3444 §4, 1-22-2002]
Nuisance. The continued operation of a business without a current and valid occupational license shall be deemed a nuisance, and, as such, shall be actionable under Article II of Chapter 245 of the Blue Springs City Code and all of the provisions of Article II of Chapter 245 are applicable to the nuisance and it's abatement.
Prohibit Operation. The City may prohibit the further operation of any business that is not currently the holder of a valid occupational license if that business is required by Chapter 605 to have an occupational license.
If the occupational license is not currently valid due to a suspension or revocation under Section 605.150 or a revocation that has occurred pursuant to Section 144.083.3, RSMo., or the failure to timely file and seek renewal, the closure of the operation of the business may be implemented by the City immediately and, if so implemented, the Blue Springs Police Department shall take the actions necessary to secure the business so that it can no longer operate or remain open for business.
In any other circumstance, the closure of the business shall only be initiated after the City Council, at a public hearing, determines that the business is being operated without a current and valid City occupational license. At and for this hearing the City Council shall have the power to issue subpoenas and all necessary processes and to require the production of papers, to administer oaths and to take testimony and to make findings thereon and order the business closed in which case the Blue Springs Police Department shall take the actions necessary to secure the business so that it can no longer operate or remain open for business. The business shall have five (5) days' written notice of the time and place of such hearing. Said written notice shall be directed by certified or registered U.S. mail to the business address last known to the City based on the most current application for occupational license on file with the City or such other address as the City may determine. The business shall have the full right to be represented by counsel at such hearing, to produce witnesses in his/her/its behalf, and to be heard.
Editor's Note — Ord. no. 3025 §2, enacted November 3, 1997, repealed section 605.170 in its entirety. Former section 605.170 derived from CC 1968 §11-32 and ord. no. 377 §16, 12-28-1967. Subsequently, ord. no. 3157 adopted August 16, 1999, enacted the provisions set out herein.
[CC 1968 §11-33; Ord. No. 377 §17, 12-28-1967]
The formula to be used in determining the average number of employees as contemplated in Sections 605.160 and 605.170, of this Chapter shall be as follows:
Add the total number of employees paid on the last pay period of each month in the preceding calendar year and divide this total by twelve (12) to obtain the average number of employees for the purpose of obtaining license and determination of fee.
[CC 1968 §11-34; Ord. No. 377 §18, 12-28-1967]
The alternate formula to be used in determining the average number of employees as contemplated in Sections 605.160 and 605.170, in the event of dispute, shall be as follows:
Prevailing minimum wage x 40 hours x 52 weeks = average yearly pay
Average yearly pay divided into the total wages reported on Form W-3 (Reconciliation of Income tax withheld from wages) = average number of employees.
The prevailing minimum wage shall be the one in effect as set by the Federal Government under the "Minimum Wage Law" at the time of computing the license fee. Form W-3, herein referred to, is the U. S. Treasury Department, Internal Revenue Service Form and shall serve as the basis for total wages paid all employees (as defined in Section 605.020 of this Chapter) in determining the average number of employees paid by said business or manufacturer unless the applicant or licensee can prove to the satisfaction of the Finance Department that a fewer number of employees were paid.
Section 605.200 Classification — Representative Listing of Types of Manufacturers/ Businesses Covered.
[CC 1968 §11-35; Ord. No. 377 §26, 12-28-1967]
Attached to and forming a part of this Chapter is a representative listing of the types of businesses to which the terms and provisions of this Chapter shall apply, but the City Council shall have the power to amend the listings, upon proper passage of amendments to this Chapter. However, the omission of a listing for specific type of business shall not be construed as exempting said person from obtaining a license in accordance with the terms and provisions of this Chapter.
Representative listing of businesses, professions, occupations, manufacturers, processors or callings subject to the provisions of this Chapter are and shall be as follows, to wit:
|Adding machine firm or company.|
|Adjusters and collectors.|
|Advertising business (outdoor).|
|Agents of whatever kind and character.|
|Agriculture machinery and implement dealers.|
|Air conditioning, sales, installation and service.|
|Amusement ticket broker's.|
|Amusement company products.|
|Apartment houses, four (4) or more living units.|
|Architects and engineers.|
|Assembler and distributor.|
|Auction or traveling stores.|
|Automatic selling machine or device business.|
|Automobile repair shops, public garages or both combined.|
|Automobile storage garage.|
|Automobile or trade school.|
|Automobile, motorcycle or truck rentals and leasing.|
|Automobile washing, serviced, self-service or coin-operated.|
|Automobile or motorcycle agencies and dealers (new and/or used).|
|Automobile trailers, sales, rentals and service.|
|Automobile accessories, tire and supply dealers.|
|Automobile wrecking shops and yards.|
|Bakeries, wholesale or retail.|
|Bankrupt, each person engaged in or doing a wholesale or retail business in the same of bankrupt goods or merchandise, or conducting sales of damaged goods of any sort.|
|Banks and trust companies.|
|Beauty or barber school, physical culture or health school.|
|Bicycle repair shop.|
|Bill posters or distributors.|
|Billiard and pool hall or parlor.|
|Boardinghouses and rooming houses.|
|Boat and motor sales.|
|Bonding companies and agents or solicitors for any surety or bonding company.|
|Bookkeeping service, public.|
|Bowling alleys--Ball alleys--Ten pin alleys.|
|Brewers or liquor distillers, agents, agencies, depots or storerooms.|
|Brokers, all kinds.|
|Building or house cleaning company.|
|Building and loan associations.|
|Building trades business, new and repair contractors and non-contractors.|
|Bus companies and lines.|
|Business machine sales and service.|
|Business or correspondence school for profit.|
|Butane or liquefied petroleum (LP) gas sales.|
|Chair and furniture rental concern.|
|Child care (see nursery).|
|Children's or preschool nurseries.|
|Cigar and tobacco stands.|
|Circuses, carnivals and shows.|
|Cleaning and pressing shops or agencies.|
|Coal and wood dealers.|
|Cold storage house or food locker.|
|Concrete companies, ready mix or blocks.|
|Confectionery with lunch.|
|Contractors of all kinds, including but not limited to: building, electrical, brick, bridge, cement, paperhanger, painting, plastering, plumbing, street, sidewalk, sewer, stone and for curb and gutter installation and all subcontractors.|
|Dairy products dealer.|
|Dealers in secondhand goods.|
|Distributors in general.|
|Dog kennels, sales and boarding.|
|Drive-in stands, dispensing food and beverages.|
|Drugstores, druggists and pharmacies.|
|Dry cleaning establishment and/or agency and laundry establishment and/or agency, including coin-operated agency or establishment.|
|Electric charging stations.|
|Electrical fixtures and appliance dealers.|
|Employment offices and agencies.|
|Equipment sales and service.|
|Exhibitions, of any kind, indoor and outdoor, and street.|
|Express and freight companies and agents.|
|Feed, seed and hay dealers.|
|Fence sales and installation.|
|Film exchange or establishment.|
|Florists, retail and wholesale.|
|Flour, feed or meal mills.|
|Foreign coffee and tea dealers.|
|Funeral and security plans.|
|Garage door installation.|
|Garbage and trash collectors.|
|Gasoline and oil service stations.|
|General mercantile and supply stores.|
|General repair shop with articles for sale.|
|Gift enterprise and sale of unclaimed goods by express companies or common carrier.|
|Glass sales and service.|
|Grain dealers or elevators.|
|Hair dressers and establishments.|
|Hatcheries--starter chick and broiler plant.|
|Hide and fur dealers.|
|Home improvement business.|
|Horse, cattle and livestock dealers.|
|Hospital, private, and nursing home, private.|
|Hospitals, public and general.|
|Hotels and motels.|
|Ice cream, soft drink and/or food stands.|
|Ice dealers or plants.|
|Income tax return preparation.|
|Installment house and agencies.|
|Insurance agents or salesmen.|
|Insurance agents, including bonding, surety and indemnity.|
|Intelligence offices and agencies.|
|Itinerant plumber or septic tank cleaner or sewer cleaner.|
|Job printing plants.|
|Land title, guarantor of.|
|Land title insurance company.|
|Laundries and self-service laundries.|
|Linens, supply and rentals.|
|Linoleum and tile installation.|
|Loan, land and investment companies.|
|Local delivery service.|
|Lumber agents and brokers.|
|Lumber dealers and yards.|
|Lunch stands and lunch counters.|
|Machine, tool and equipment rental.|
|Machinery and implement sales and service.|
|Mail order house.|
|Manufacturing and other corporations or institutions, excepting nonprofit or charitable.|
|Massage therapy establishment.|
|Meat market or butcher shop.|
|Medicine, extract or cosmetic agent.|
|Merchants of all kinds.|
|Merchants delivery companies.|
|Milk receiving stations.|
|Miniature golf courses.|
|Mobile homes, sales and parks.|
|Money brokers or money changers.|
|Monument dealers and agents.|
|Moving-storage and furniture.|
|Muscle developers or weight reducing.|
|Music school and/or instrument sales.|
|Newspaper and magazine publishers.|
|Newspaper routes and carriers.|
|Nurseries (trees, shrubs, etc.)|
|Nursery stock agents.|
|Nursery, children, 10 or more.|
|Office supplies and equipment.|
|Any person conducting an oil or tank business in said City where oil or gasoline is stored for distribution.|
|Oil stations, wholesale and retail bulk plants.|
|Open air parks and gardens where admission is charged.|
|Ornamental iron works and installation.|
|Painters and decorators.|
|Paper and plastic products.|
|Patent right dealers.|
|Paving and excavating.|
|Photographers and engravers.|
|Photographers, supplies, cameras.|
|Planing mills and cabinet makers.|
|Plastering contractor or non-contractor.|
|Plumbing supply business.|
|Popcorn stand, including peanuts or mixed nuts.|
|Poultry, egg and butter dealers with cream, hides, fur and the manufacture of butter.|
|Private detectives and detective agencies.|
|Private venereal hospitals.|
|Public garage and parking.|
|Public masquerades and balls.|
|Publishing houses or companies.|
|Radio and television sales and service.|
|Radio frequency monitors.|
|Real estate rentals, apartments and/or duplexes, four (4) or more living units.|
|Real estate and loan agents.|
|Real estate rentals, commercial, four (4) or more commercial units.|
|Real estate brokers.|
|Real estate agents.|
|Renovating or repair business.|
|Restaurants, cafes and soft drink establishments.|
|Retail milk sales.|
|Rodeos and wild west shows.|
|Roofing and siding.|
|Rug and carpet cleaners.|
|Sale of plastics.|
|Sales of water conditioners and installation of equipment.|
|Sand, lime, cement, gravel, concrete blocks and sewer pipe dealers.|
|Savings and loan associations.|
|Scales, sales and services.|
|Sewer and septic tank service.|
|Sewing machine agency.|
|Sheet metal works or tinsmith.|
|Shoe repair shop.|
|Shoe shining parlors or stands.|
|Shows and amusements.|
|Shows, as follows: wild west, dog and pony, circus, motorized circus, carnivals, tent shows (stock companies)|
|Sign maker or sign painter.|
|Skating rink, roller or ice.|
|Slot car racing.|
|Soda pop manufacturers.|
|Sporting goods and equipment.|
|Steel fabrication, steel erection or steel construction business.|
|Storm sash and awning sales.|
|Subcontractors of all kinds.|
|Tailor-made clothing agencies.|
|Taverns and cocktail lounges.|
|Theaters, including motion picture houses and drive-ins.|
|Tile, wall and floor installation.|
|Tin and sheet metal shop.|
|Tourist or trailer camps.|
|Towel supply company.|
|Trailer sales or rentals.|
|Trash haulers and sanitation service.|
|Traveling and auction stores.|
|Undertaking establishments and funeral homes.|
|Vacuum cleaner agency or rental business.|
|Water softener sales and service.|
|Weight reducing clubs or business.|
|Wholesale houses or merchant's.|
|Window cleaning business.|
|Wine gardens and beer gardens.|
|Woodwork, cabinet shops.|
[Ord. No. 3987 §2, 9-6-2006]
Business establishments that sell gasoline and/or diesel fuel are required, pursuant to Section 220.765, to require pre-payment or pre-approval of sales of fuel prior to activation or authorization of any fuel dispensing unit or fuel pumping device.
The City shall not renew the business license (occupational license) required by Chapter 605 of the Code of Ordinances of the City of Blue Springs of any business which has been convicted of, or whose employee or owner has been convicted of, a violation of Section 220.765 for failure to require pre-payment or pre-approval of sales of fuel prior to activation or authorization of any fuel dispensing unit or fuel pumping device in the twelve (12) months next preceding the renewal date of the expiring business license of the business.