It shall be unlawful for any person, firm, or corporation to
engage in any business or occupation in the City of Mosby without
having first applied for and obtained a license to conduct such business
or occupation from the City Clerk and without paying the license fee
therefor, all as provided for in this Chapter.
[Ord. No. 9502-3 §1, 9-5-2002]
A.
All
applications for the licenses required herein shall be made to the
Board of Aldermen on appropriate forms provided for that purpose by
the City. All licenses shall be approved by the Board of Aldermen
and issued by the City Clerk. They shall be in such form as is provided
by the Board of Aldermen; provided however, that such license shall
bear the signature of the Mayor of the Board of Aldermen and the City
Clerk; the date of issuance thereof and the date of expiration, as
well as any additional information that may be required by the Board
of Aldermen.
B.
Each
applicant for a business license under this Chapter shall submit a
statement from the Missouri Department of Revenue pursuant to Section
144.083.4, RSMo., stating no tax is due, which statement is a prerequisite
to the issuance or renewal of a City business license. The statement
required by this Section shall be dated within ninety (90) days of
submission of the business license application or renewal application.
[Ord. No. 3-2012, 8-2-2012]
Every person engaged in the operation of a business or the providing
of a service for hire within the corporate limits of the City of Mosby,
Missouri, shall pay the annual license fee of seventy-five dollars
($75.00). This shall be in effect as of July 1, 2013.
[1]
Editor's Note — The license fee until July 1, 2013,
shall be $30.00.
No license issued under the provisions of this Chapter shall
be assignable or transferable, but shall apply only to the person
to whom same is issued. In the event any licensee, as provided for
herein, shall move his/her place of business from one location to
another location within the City, said licensee shall submit a statement
of the fact of such change to the City Clerk, who may transfer such
license as to location only. In no event, however, shall such license
be transferred from one person to another or from the kind of business
or occupation originally licensed to another type of business or occupation.
The term of the licenses issued pursuant to the provisions of
this Chapter shall be from July first (1st) of one (1) year to June
thirtieth (30th) of the succeeding year. In the event any licensee
hereunder shall commence business on or after January first (1st),
the City Clerk shall issue such license at the rate of one-half (½)
of the license fee for such six (6) month period of January first
(1st) to June thirtieth (30th), or fraction thereof.
All applications for renewal of a license provided for herein
shall be filed no later than June first (1st) of each year.
Each license issued by the City under the provisions of this
Chapter shall be carefully preserved and shall be displayed in a conspicuous
place in the place of business authorized to be conducted by said
license. If there is no place of business said license shall be carried
on the licensee's person.
The provisions of this Chapter shall under no circumstances
be construed to require a license or a license fee for any business,
occupation, pursuit or profession for which the City may be prohibited
by law from licensing or requiring a fee for said license.
A.
Any
license issued by the City pursuant to the provisions of this Chapter
may be revoked by the Board of Aldermen for any of the following reasons,
as well as for any other reasons specified in this Chapter:
1.
Any failure to comply with, or any violation of any provisions of
this Chapter, or any other ordinance of the City regulating the business,
occupation or activity licensed, or the Statutes of the State of Missouri
by any licensee.
2.
Violation of the terms and conditions upon which the license was
issued.
3.
Failure of the licensee to pay any tax or obligation due to the City.
4.
Any misrepresentation or false statement in the application for a
license required herein.
5.
Failure to display the license required herein.
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Revocation of any license shall be in addition to any other
penalty or penalties which may be imposed pursuant to these provisions.
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A.
In
any case in which a complaint has been made to the Board of Aldermen,
or in which the Board of Aldermen have on their own determined that
cause may exist for the revocation of a license under the provisions
of this Chapter, the following procedures shall be followed:
1.
The Board of Aldermen shall set a date for a hearing to consider
the question of revocation.
2.
At least ten (10) days prior to said hearing, written notice shall
be mailed to the licensee, by registered mail, return receipt requested,
to his/her last known address as shown in the records of the City
Clerk, advising the licensee of the time, date and place of hearing
and of the reason for considering the revocation of his/her license.
3.
During the pendency of this hearing before the Board of Aldermen,
the licensee shall be permitted to continue the operation of his/her
business.
4.
At the hearing set by the Board of Aldermen, the Board of Aldermen
shall hear all relevant and material evidence justifying the retention
of the license.
5.
The licensee may be present in person and/or by his/her attorney
and may present evidence.
6.
After hearing the evidence presented, the Board of Aldermen shall
vote on the issue of whether the subject license shall be revoked.
7.
The affirmative vote of a majority of the Board of Aldermen shall
be necessary to revoke any license.
A.
All
license fees not paid to the City by the person required to remit
the same on the date when the same becomes due and payable to the
Director of Revenue shall bear interest at the rate determined by
Section 32.065, RSMo., from and after such date until paid.
B.
In
case of failure to apply for any license fee required by this Chapter
on or before the date prescribed therefor, determined with regard
to any extension of time for making an application, unless it is shown
that such failure is due to reasonable cause and not the result of
willful neglect, evasion or fraudulent intent, there shall be added
to the amount required to be shown as tax on such return five percent
(5%) of the amount of such tax if the failure is not for more than
one (1) month, with an additional five percent (5%) for each additional
month or fraction thereof during which such failure continues, not
exceeding twenty-five percent (25%) in the aggregate.
C.
In
case of failure to pay the full amount of any license fee due hereunder
on or before the date prescribed therefor, determined with regard
to any extension of time for payment, unless it is shown, by the applicant,
that such failure is due to reasonable cause and not the result of
willful neglect, evasion or fraudulent intent, there shall be added
to the tax an amount equal to five percent (5%) of the deficiency.
The City shall, upon request by a taxpayer, apprise the taxpayer of
the factual basis for the finding of negligence, or the specific rules
or regulations disregarded if the City assesses a penalty under this
Subsection.
