[Ord. No. 177 §1, 6-4-1973; Ord. No. 052008 §1, 5-20-2008; Ord. No. 080409 §1, 8-4-2009]
No person, company, association or corporation shall within
the City of Peculiar, Missouri, conduct, exercise, carry on, deal
in or engage in any occupation, trade, business or a vocation without
first paying the license fee and taking out a business license as
provided in this Chapter. This Section shall not apply to a non-intrusive
residential home business not classified as a home occupation business
under Section 400.160(2)(a)(1) which does not advertise, display exterior
signage or create vehicle and pedestrian traffic within the City limits
of Peculiar. This Section shall not apply to any type of occupation,
trade, business or vocation which does not operate within the limits
of the City of Peculiar for a total of less than forty-eight (48)
hours in a calendar year. The purpose of this Chapter is to protect
the public health, safety and general welfare of the people of the
City.
[Ord. No. 177 §2, 6-4-1973; Ord. No. 247 §2, 11-21-1977; Ord. No. 120798A §2, 12-7-1998; Ord. No. 052008 §1, 5-20-2008; Ord. No. 080409 §2, 8-4-2009; Ord.
No. 01192023, 1-19-2023]
A.
There
is hereby levied a license fee in accordance with Section 94.270,
RSMo., 2000, as amended, upon all businesses and occupations enumerated
in said Section in the amount of seventy-five dollars ($75.00) per
year. This amount represents the time and expense incurred by the
City to renew the license. All licenses shall be due and payable at
the time of initial application for license and prior to commencing
operations or business activity within the City and thereafter on
or before the first (1st) day of January of each year. The licenses
shall expire on December thirty-first (31st) of the same year. They
shall be known as annual licenses and no license shall be issued for
more than one (1) license year.
B.
Businesses issued licenses for the 2009 calendar year prior to June 1, 2009 shall not be required to pay any additional fees in order to maintain the 2009 license and shall not be subject to any increased license fee until applying for a 2010 business license. However, said businesses issued licenses for the 2009 calendar year prior to June 1, 2009 shall be subject each and every other amended and/or newly adopted Section within Chapter 605 taking effect on June 1, 2009.
C.
The
failure to pay any fee established in this Section shall be considered
a violation of this Chapter.
[Ord. No. 177 §3, 6-4-1973; Ord. No. 052008 §1, 5-20-2008; Ord. No. 121608 §1, 12-16-2008]
A.
Applications. Applications for license under this Chapter
shall be made in writing on a form provided by the City and submitted
to the City Clerk. An application shall be made to renew any license
upon its expiration. The form of license shall be as prescribed by
the City Clerk or designee.
B.
Evidence Of Workers' Compensation Insurance. At the time
of application or reapplication, each applicant who is a contractor
in the construction industry (as those terms are used in Section 287.061,
RSMo., 2000, as amended) shall produce a copy of a certificate of
insurance for Workers' Compensation coverage or an affidavit signed
by the applicant attesting that the contractor is exempt from requirements
of the Workers' Compensation Law, Chapter 287, RSMo., 2000, as amended,
or applicable successor Statutes. No license shall issue under this
Chapter to any such applicant until such evidence of satisfaction
of the Workers' Compensation law is produced.
C.
Payment Of Taxes And Other Obligations. No license shall
issue to any applicant under this Chapter unless all State income
taxes and/or State sales tax which are due and payable to the State
of Missouri are paid and satisfied. In addition, no license shall
issue to any applicant under this Chapter unless all taxes, real and
personal property taxes, utility fees, permit fees, inspection fees,
penalties, interest, judgments or other financial obligations of the
applicant to the City which are due and payable and are delinquent
are paid or satisfied; provided that this requirement shall not apply
to any obligation which is contested by the applicant in good faith
and resolution of which is being diligently pursued by such applicant.
Each applicant shall provide such documentation or certifications
as the City Clerk may require to assure compliance with this Subsection.
D.
How Issued, Maintained. Upon completion of the required
application forms, provision of the required information and documentation
and payment of the applicable license fees, the City Clerk shall issue
the license. The license issued shall be signed by the City Clerk.
The City Clerk shall maintain a written record of each license issued
under this Chapter; the amount of the license fee paid; a description
of the business, trade, occupation or service occupation for which
the license was issued; the location, as applicable, where the license
privilege is to be exercised; and the name of the holder of the license.
E.
License To Be Available For Examination. The holder of any
license issued under this Chapter shall have the duty to display or
otherwise make the license available for examination and shall produce
the license for inspection upon request of any City Police Officer,
public safety official or Code Enforcement Officer.
F.
Inspections. Any license application for a new business
shall require proof of an inspection and approval of the premises
by the West Peculiar Fire Protection District prior to the license
being issued. Any license renewal application shall require proof
of an inspection and approval of the premises by the West Peculiar
Fire Protection District as set forth within this Chapter. In the
case of license renewals, if the required inspection is not completed
at the time the license would normally expire, the City Clerk may
grant a non-renewable temporary license of no more than thirty (30)
days at his/her discretion.
[Ord. No. 01192023, 1-19-2023]
G.
Compliance With Zoning And Building Codes. Any license application
for a new business or business relocated to new location or premises,
including those located within a residence, shall require the approval
of the Development Services Department for compliance with the Zoning
and Building Codes.
[Ord. No. 01192023, 1-19-2023]
[Ord. No. 177 §4, 6-4-1973; Ord. No. 052008 §1, 5-20-2008; Ord. No. 080409 §3, 8-4-2009]
License fees required by Section 605.020 shall become delinquent thirty (30) days after they are due. From and after the date of delinquency of any license fee due and payable under this Chapter, the City Clerk shall add fifty dollars ($50.00) for each month the license fee remains delinquent and a business, trade, occupation or service occupation is conducted within the City in addition to the amount of the annual license fee. The maximum penalty is six hundred dollars ($600.00). The penalty shall be in addition to all other penalties which may be imposed by law or ordinance.
[Ord. No. 177 §5, 6-4-1973; Ord. No. 052008 §1, 5-20-2008; Ord. No. 080409 §4, 8-4-2009]
Business license fees shall not be prorated but shall be charged
on a license year basis.
[Ord. No. 177 §6, 6-4-1973; Ord. No. 052008 §1, 5-20-2008]
A.
More Than One Business Activity. Any applicant which is
engaged in more than one (1) business, trade, occupation or service
occupation within the City shall make separate application for each
and shall pay the applicable license fee for each.
B.
More Than One Location. Applicants which operate or maintain
more than one (1) business premises within the City shall obtain a
separate license for each such business premises. Applicants which
do not maintain or operate a business premises within the City shall
designate on the form of application for each applicable business,
trade, occupation or service occupation a principal business address
and, in the event of a change of such principal business address during
the period of the license, shall notify the City Clerk in writing
within five (5) business days of the change.
C.
License Not Transferable. No license required under this
Chapter shall be transferable or assignable.
D.
Notification Of Change Of Location. If the holder of a
license to engage in a business, trade, occupation or service occupation
at a particular business premises changes the location of the business
premises before the expiration of the license period, the license
holder shall so notify the City Clerk in writing. No business, trade,
occupation or service occupation shall begin at the new location until
the notice of such change has been given as provided in this Subsection.
[Ord. No. 177 §7, 6-4-1973; Ord. No. 052008 §1, 5-20-2008; Ord. No. 01192023, 1-19-2023]
A.
The
City shall require an inspection by the West Peculiar Fire Protection
District of the premises of all new businesses or businesses relocated
to new locations or premises, except those located within a residence,
for compliance with the City's Building and Maintenance Code before
granting a new business license.
B.
Existing
businesses, except those located within a residence, shall also be
inspected annually by the West Peculiar Fire Protection District.
Nothing in this Section prevents the inspection of the premises of
existing businesses more frequently if necessary to comply with other
inspection requirements within this Section or Code and/or appropriate
under the circumstances according to the judgement of the Codes Enforcement
Officer.
C.
Any
violations noted by the inspection shall be explained in writing and
provided to the license holder within five (5) business days of the
inspection. Further, any violations shall be cause for rejection of
an application for an annual business license until such violations
are corrected and the correction is confirmed by the West Peculiar
Fire Protection District.
D.
Failure
to pass an inspection and/or refusal to allow the authorized representative
of the West Peculiar Fire Protection District onto the premises for
inspection shall be considered a violation of this Chapter.
[Ord. No. 177 §8, 6-4-1973; Ord. No. 052008 §1, 5-20-2008]
A.
The
following shall be exempt from having to obtain a business license
herein provided.
1.
Business and occupations which are specifically excluded from such
fees by the Revised Statutes of Missouri, as amended.
2.
Person under the age of eighteen (18) years provided such person
meets all of the following requirements:
a.
Minor person conducting business is currently enrolled in school
not above high school and has not yet graduated from high school;
b.
The business activity is conducted only during spare time from school
or during school vacation;
c.
All laws, State and local, are complied with in the conduct of business
activity; and
d.
The minor person proposing to conduct such business files with the
City Collector written consent of a parent or legal guardian for the
minor to engage in such business.
[Ord. No. 177 §9, 6-4-1973]
The license fee herein provided can be waived by resolution
of the Board of Aldermen for any charitable, not-for-profit organizations.
[Ord. No. 100680 §§1-3, 10-6-1980]
A.
Every
person, firm or corporation owning, operating, managing, leasing or
controlling a gas plant or system for the distribution, sale or furnishing
of natural gas at retail for domestic or commercial purposes within
the corporate limits of the City of Peculiar, shall, in addition to
all other taxes not in the nature of a license or occupation tax now
or hereafter required by law or City ordinance, pay to the City as
a license fee a sum equal to five percent (5%) of the licensee's gross
receipts from the sale of natural gas sold for domestic or commercial
purposes within the City. Domestic and commercial sales shall be considered
as sales made other than on special contracts providing for stand-by
fuel and interruption of service at any time demands of domestic and
commercial customers may so require.
B.
The
licensee shall not later than February first (1st) and August first
(1st), respectively, of each year make a report to the Board of Aldermen
of its said gross receipts for the six (6) months' period ending at
the last meter reading preceding December thirty-first (31st) and
June thirtieth (30th), respectively, and at the time of making such
reports shall pay into the City Treasury the aforesaid license fee
based upon the gross receipts so reported. The acceptance of such
fees shall not prejudice the right of the City to collect any additional
fee thereafter found to be due. In the event that the licensee shall
pay a sum greater than is due upon its gross receipts for any period,
licensee shall be entitled, following a determination of the overpayment,
to deduct such overpayment and receive a credit therefor against the
amount of license fee due hereunder or under a franchise ordinance
for the next succeeding period or periods following the determination
of the overpayment. The City, by its duly authorized representatives,
shall have the right at all reasonable times during business hours
to make such examinations and inspections of the books of such licensee
as may be necessary to determine the correctness of such reports.
C.
Any person, firm or corporation engaged in the business described in Subsection (A) hereof and holding a franchise granted by the City to operate such business in the City of Peculiar, which franchise provides for the payment of a license fee, shall be governed by the provisions of said franchise ordinance during the period in which the franchise is effective and shall be exempt from the provisions hereof during such period.
[Ord. No. 100207 §1, 10-2-2007; passed in the election of April 8,
2008]
A.
Every person, firm or corporation engaged in the business of operating a billboard within the corporate limits of the City of Peculiar shall, as a condition of obtaining the occupational license required under Section 605.010, and for the privilege of carrying on and conducting such business in the City, agree to pay to the City as an annual business license tax an amount equal to two percent (2%) of the gross annual revenue derived from the operation of each billboard operated by such person, firm or corporation within the City.
B.
The
license tax levied and assessed pursuant to this Section shall be
paid as follows:
1.
The licensee shall pay with his license application each year an
initial amount of the tax for the forthcoming year based upon his
estimated gross receipts for such year, which estimated gross receipts
shall be equal to the actual gross receipts for the prior year then
ending.
2.
The licensee shall also in his license application calculate the
amount of tax actually due for the prior year based upon his actual
gross receipts for such year. If the payment for the prior year was
less than the amount of tax actually due, the licensee shall pay with
his license application the balance of the tax due for the prior year.
If the payment for the prior year was more than the amount of tax
due, the City shall credit the excess to the amount of tax due for
the forthcoming year, or shall pay such excess to the licensee if
he has discontinued business.
3.
The tax to be paid by a licensee commencing a new business shall
be calculated on the basis of the licensee's good faith estimate of
gross receipts for the period beginning with the commencement of business
and continuing to the first (1st) day of the following calendar year.
C.
It
shall be the duty of each licensee to file with the City, on or before
January first (1st) of each year, an application for such license;
provided however, that an applicant commencing a new business shall
file an application for a license with the City prior to the time
such applicant commences doing business.
D.
The
applicant for a license shall file with each application a sworn statement
of the actual total gross receipts of the licensee for the last preceding
twelve (12) calendar months from the operation of each billboard in
the City; provided however, that if the applicant is commencing a
new business, the application for a license shall state the applicant's
good faith estimate of the amount of gross receipts the applicant
expects to receive for the period beginning with the commencement
of business and continuing to the first (1st) day of the following
calendar year.
E.
Any
license tax due pursuant to the provisions of this Section shall be
delinquent if not paid by the date such payment is due, and shall
be subject to the provisions of this Chapter relating to delinquent
occupational license taxes.
[Ord. No. 080707B §1, 8-7-2007]
A.
Business
establishments that sell gasoline and/or diesel fuel shall require
pre-payment or pre-approval of sales of fuel prior to activation or
authorization of any fuel dispensing unit or fuel pumping device.
B.
The
City Clerk shall not renew the business license of any business which
has failed 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 which results in motorists filling their fuel
tanks and driving off without paying.
[Ord. No. 080409 §5, 8-4-2009]
A.
Every person, firm or corporation engaged in the business of leasing or renting residential property within the corporate limits of the City of Peculiar and who lease or rent two (2) or more residential units shall, as a condition of obtaining the business license required under Section 605.010, provide a list of addresses of each residential property they are leasing or offering to lease.
B.
Every
person, firm or corporation engaged in the business of leasing or
renting residential property shall only be required to obtain one
(1) business license per person, firm or corporation and not for each
residential property being leased or offered to lease.
D.
The
license fees levied and assessed pursuant to this Section represent
the time and expense incurred by the City to renew the license. All
licenses shall be due and payable at the time of initial application
for license and prior to commencing operations or business activity
within the City and thereafter on or before the first (1st) day of
January of each year. The licenses shall expire on December thirty-first
(31st) of the same year. They shall be known as annual licenses and
no license shall be issued for more than one (1) license year.
[Ord. No. 052008 §2, 5-20-2008]
A.
Non-Compliance Or Violation A Misdemeanor. In addition to
any other penalties prescribed under this Chapter, any failure to
comply with or any violation of any provision of this Chapter shall
be a misdemeanor and shall be punishable, upon conviction thereof,
by a fine of not less than one hundred dollars ($100.00) nor more
than five hundred dollars ($500.00) for each such offense. Each day
such failure or non-compliance continues shall constitute a separate
offense.
B.
Suspension Or Revocation. Any failure to comply with or any violation of any provision of this Chapter may be cause for suspension or revocation of such license by the Board of Aldermen upon recommendation of the City Administrator and upon public hearing before the Board of Aldermen following five (5) business days' notice of any violation of this Chapter 605 or any violation related to the applicable building code, fire code or maintenance code. The suspension or revocation as provided under this Section shall be in addition to any other penalties prescribed under this Chapter or the Municipal Code for such violations.
C.
Grounds For Suspension Or Revocation. Permits and licenses
issued under the provisions of this Chapter may be revoked by the
Board of Aldermen after notice and hearing for any of the following
reasons:
1.
Fraud, misrepresentation or false statement contained in the application
for license;
2.
Fraud, misrepresentation or false statement made in the course of
carrying on his/her business within the City of Peculiar;
3.
Any violation of this Chapter;
4.
Any violation of the requisite building codes, fire codes or maintenance
codes for the City of Peculiar;
5.
Failure of a business to obtain the appropriate Federal, State, County
or City permits or licenses necessary to conduct said business;
6.
Conviction of any crime or misdemeanor involving moral turpitude;
or
7.
Conducting of business in an unlawful manner so as to constitute
a breach of the peace or menace to the health, safety or general welfare
of the public.
D.
Notice. Notice of the hearing for suspension or revocation
of a license shall be given in writing setting forth specifically
the basis for the complaint and the time and place of hearing. Said
notice shall be mailed to the licensee or applicant at least seven
(7) business days prior to the date set for hearing and any decision
made by the Board of Aldermen with respect to said revocation or suspension
shall indicate the effective time of the Board's action and the length
of time for suspension (if applicable) and shall be final.
E.
Unlawful Continuation — Further Remedies Authorized. In the event any business, trade, occupation or service occupation
which is required to obtain an annual license under this Chapter continues
to operate after having received written notice of failure to obtain
such license or in the event any business, trade, occupation or service
occupation continues to operate following revocation or suspension
of such license, the City has the following further remedies:
[Ord. No. 08152022, 8-15-2022]
1.
After not less than four (4) business days after service of the notice. the City Police Department shall affix a notice on the premises stating that "This Business is Closed, No Customer or Employee Trespassing." At that time, Police Officers shall order all customers and employees to leave the premises, allowing reasonable time for the employees to secure property and render the premises safe. The owner of the property and any residents may remain and may make use of the premises for any legal, non-commercial purpose, but may not conduct business there until the business is properly licensed. Customers, meaning persons on the premises for the purpose of buying goods or services, and employees, meaning persons on the premises who are employed to produce goods or services, are guilty of trespass, as defined by Section 210.130, if found to be on such premises after the notice has been affixed. The City Manager may, upon written request, permit employees or agents of the owner or lease of the building to enter the building for repairs, to secure the building, or any other reasonable purpose.
2.
The City may seek injunctive relief from the Circuit Court or order
of the Municipal Court to restrain, correct, abate or prevent such
continued operation. In the event of the issuance of an injunction
or order by a court of competent jurisdiction, costs of such enforcement
proceedings, including reasonable attorney's fees, may be taxed against
the offending party. The remedies provided for in this Subsection
shall be in addition to all other costs and penalties prescribed under
this Chapter.
[Ord. No. 03062023C, 3-6-2023]
Pursuant to Section 393.275, RSMo., and any and all other applicable
authority, the City shall maintain the tax rates of its franchise
fees and business license taxes on gross receipts for all utilities
operating within the City that are subject to Section 393.275, RSMo.,
including, but not limited to, gas, electric, sewer, and water utilities
without reduction, notwithstanding any periodic fluctuations in the
tariffs of such utility corporations or any notice thereof, including,
but not limited to, notice sent under Section 393.275, RSMo., as amended.
