City of Centralia, MO Article I In General

Section 16-1 Required generally; exceptions. [1]

[Ord. No. 971 § 21, 12-13-1971; Ord. No. 1078 § 1, 11-8-1976; Ord. No. 1902 § 1, 5-20-1996; Ord. No. 2039 § 1, 11-16-1998; Ord. No. 2263 § 2, 10-20-2003]

A. Except as provided in Subsection (B) through Subsection (E), it shall be unlawful for any person to engage in any business, trade or profession listed in Section 94.270, RSMo., as amended, in the City without first obtaining a license therefor. It is the intention of the City to exercise the fullest extent of its licensing power and to require a license from any business, trade or profession that can be legally required to obtain a license. Each license shall be issued for one (1) calendar year except for those particular one (1) day licenses set forth in Section 16-10 and except as hereafter provided for municipal pawnshop licenses. Each annual renewal license applicant shall apply for and pay for the required license in January of each year and such license shall be delinquent in February; provided however, that renewal municipal pawnshop license applicants shall apply for and pay for the required license within one (1) year of the day of the year the license was originally approved or renewed, with such license to be delinquent thirty (30) days from such date. Each new license applicant shall apply for, pay for and receive the required license before doing any business in the City. Except as provided above for municipal pawnshop licenses, all annual licenses herein shall be issued for the calendar year, are non-transferable and shall not be prorated on application for a partial year or upon cancellation. Municipal pawnshop licenses are also non-transferable and shall not be prorated upon cancellation.

B. Notwithstanding any other provision in this Chapter 16, no license shall be required to be obtained by and no license tax shall be required to be paid by any person engaged in a business, trade or profession if the sole activity engaged in by that person is at and during a public fair, carnival, festival or circus, such as from a stand or booth set up at the fair, carnival, festival or circus, provided, that the person has the permission and authority from the organizer of the fair, carnival, festival or circus to be on the premises of such event.

C. Notwithstanding any other provision in this Chapter 16, no license shall be required to be obtained by and no license tax shall be required to be paid by any person engaged in a business, trade or profession if the sole activity engaged in by that person is selling in a business or commercial zone district used household goods, furniture, appliances or other used household items, including the kind commonly sold at garage sales or rummage sales and including estate sales, provided that any such sale last no more than one (1) day and further provided that such person hold no more than two (2) such sales per calendar year in a business or commercial zone district. Any person holding any such sales in a business or commercial zone district lasting longer than one (1) day or holding more than two (2) such sales per calendar year in a business or commercial zone district shall not be exempt from this Chapter 16 and shall obtain a license and pay the license tax. For the purposes of this Subsection (C), the term "person" in the case of auction sales means the person owning the property being sold and not the auctioneer holding the auction for the benefit of the owner of the property.

D. Notwithstanding any other provision in this Chapter 16, no license shall be required to be obtained by and no license tax shall be required to be paid by any person engaged in a business, trade or profession if the sole activity engaged in by that person is selling craft items from a stand or booth as part of an organized charitable or civic event, provided that the person has the permission and authority from the organizer of the event to be on the premises of such event.

E. Notwithstanding any other provision in this Chapter 16, no license shall be required to be obtained by and no license tax shall be required to be paid by any person engaged in a business, trade or profession if the sole activity engaged in by that person is selling on consignment craft items, new or used household items or new or used clothing.

[1] State Law Reference — As to taxing and licensing, see RSMo., §§ 71.610 to 71.630, 94.230 and 94.270.

Cross Reference — As to alcoholic beverages, see §§ 3-4 to 3-23. As to license fees, see § 16-10. As to refund of suspended or revoked licenses, see § 16-21.1(E). As to renewal, see § 16-15. As to garage sales, see § 31-19.

Section 16-2 Failure to obtain prohibited.

[Ord. No. 971 § 1, 12-13-1971]

It shall be unlawful for any person, either directly or indirectly, to conduct any business, or to use in connection therewith any vehicle, premises, machine or device for which a license or permit is required by this Chapter without the license or permit so required having been first obtained and thereafter kept in effect at all such times as required by this Chapter.

Section 16-3 Separate license required for each business; exception. [1]

[Ord. No. 971 § 14, 12-13-1971]

For each business required by this Chapter to be licensed, a separate license shall be obtained. A person engaged in two (2) or more businesses at the same location shall not be required to obtain a separate license for each business but, when eligible, shall be issued one (1) license, which shall specify on its face all such businesses.

[1] Cross Reference — As to operating more than one business, see § 16-4. As to fees, see § 16-10. As to conditions to be met for alcoholic beverages, see §§ 3-4 to 3-23.

Section 16-4 Operating more than one business at same location. [1]

[Ord. No. 971 § 15, 12-13-1971]

When any person engages in two (2) or more businesses at the same location under one (1) license, he shall pay a license fee equal to the sum of all the fees for each business so licensed.

[1] Cross Reference — As to separate licenses, see § 16-3. As to fees, see § 16-10.

Section 16-5 When person deemed in business.

[Ord. No. 971 § 2, 12-13-1971]

Except as may be provided otherwise in this Chapter, a person shall be deemed to be in business within the meaning of this Chapter when he is selling any goods or service, soliciting business, or offering goods or service for sale or hire, or using any vehicle or premises in the City for business purposes.

Section 16-6 Determination of whether business, etc., covered by Chapter. [1]

[Ord. No. 971 § 3, 12-13-1971]

The City License Officer shall make initial determination whether any particular business, activity, occupation, vocation, or service shall be covered within the provisions of this Chapter. Such determination shall be reasonably made, based upon the generally accepted concept of each such activity, occupation, vocation or service, and with regard for the intention of the legislature in the enactment of Section 94.270, and other applicable Sections, of the Revised Statutes of Missouri. Such determination by the City License Officer shall be final and binding on persons affected thereby, unless and until such determination is held unreasonable or invalid by a Court of competent jurisdiction.

[1] State Law Reference — As to imposition of license taxes on businesses, etc., not specifically mentioned in charter or statutes, see RSMo., §§ 71.610 to 71.630 and 94.270.

Cross Reference — City Clerk's responsibilities, see § 16-11. As to additional duties of license officer, see § 16-12.

Section 16-7 Responsibility of representatives for compliance of principals, etc., with Chapter. [1]

[Ord. No. 971 § 4, 12-13-1971]

The local agents or other representatives of nonresidents who are doing business in this City shall be personally responsible for the compliance of their principals and of the businesses and enterprises they represent with all applicable provisions of this Chapter.

[1] Cross Reference — As to license application, see § 16-14.

Section 16-8 License not required for delivery of goods purchased outside City.

[Ord. No. 971 § 5, 12-13-1971]

Except as may be provided otherwise by this Chapter, no license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of this Chapter.

Section 16-9 Fees for operating vehicle on public highways supplemental to fees required by other provisions. [1]

[Ord. No. 971 § 6, 12-13-1971]

Any general or special license fees for any kind of vehicle for the privilege of operating such vehicle upon the public highways shall be in addition to any other licenses, permits, insignias or fees for such vehicles otherwise required by City or State of Federal law.

[1] State Law Reference — See RSMo., § 301.340.

Section 16-10 Schedule of fees. [1]

[Ord. No. 971 § 20, 12-13-1971; Ord. No. 977 § 1, 3-13-1972; Ord. No. 1078 § 2, 11-8-1976; Ord. No. 1085 § 1, 3-15-1977; Ord. No. 1462 § 1, 11-21-1988; Ord. No. 1571 § 1, 8-20-1990; Ord. No. 1970 § 1, 4-18-1994; Ord. No. 1853 § 1, 5-15-1995; Ord. No. 1931 § 1, 10-21-1996; Ord. No. 1967 § 1, 7-21-1997; Ord. No. 2263 § 3, 10-20-2003; Ord. No. 2752 § 5, 2-18-2014]

The following trades, professions, occupations, vocations, or businesses shall not be operated, practiced, engaged in or otherwise conducted in the City, unless and until the owner, operator, manager, proprietor or practitioner thereof shall have applied for and obtained a license to operate, practice, engage in or otherwise conduct same from the City License Officer and shall have paid to the City the license tax hereinafter set forth, such license and tax therefor to be issued and paid on an annual basis, except where otherwise herein specifically provided.

Trade or Business	Tax
Appliance sales and service	$37.50
Art shop	$10.00
Automobile parts and supply	$37.50
Automobile repair	$15.00
Automobile sales agency or dealer	$37.50
Barber and/or beauty shop	$15.00
Beer (nonintoxicating-3.2%) sold by the package	$22.50
Beer (nonintoxicating-3.2%) sold by the drink	$37.50
Beer (intoxicating-5%) sold by the package	$22.50
Beer (intoxicating-5%) and light wine sold by the drink	$52.50
Boarding and rooming home (less than three guests)	$15.00
Boarding and rooming home (three or more guests)	$25.00
Bowling alley	$45.00
Butcher shop	$22.50
Carnival (per day)	$75.00
Clothing	$37.50
Coal dealer or ice dealer	$15.00
Coal and ice dealer	$37.50
Concert (per day)	$10.00
Dairy or dairy products	$15.00
Dray or delivery	$10.00
Drugs, sundries and prescriptions	$37.50
Exterminator	$30.00
Farm machinery and implements	$37.50
Farm supply, phosphate and/or fertilizer	$37.50
Florist and/or gift shop	$37.50
Funeral home	$37.50
Furniture	$37.50
Grain and/or produce that is not carried from place to place by vehicle or on foot and that is not exempt under Section 71.630, RSMo.	$37.50
Gravel or lime	$20.00
Gravel and lime	$30.00
Grocery	$37.50
Hardware	$37.50
Hotel or motel	$37.50
Huckster	$22.50
Insurance and/or real estate agency	$25.00
Jewelry and watch repair	$37.50
Lawn mower sales and/or repair	$15.00
Loan company	$25.00
Locker plant	$37.50
Lumber	$37.50
Manufacturer	$37.50
Mercantile agent	$37.50
Merchant Class I (which shall include all other businesses, trades and avocations whatsoever, which the City may lawfully require to have a license, and which are not otherwise expressly provided for herein)	$37.50
Newspaper and printing	$37.50
Newspaper sales agency	$15.00
Oil and gas service stations	$15.00
Optician	$15.00
Package liquor	$75.00
**Package liquor on Sunday	$150.00
Pawnshop	$500.00
Peddler of merchandise, produce or other goods carried from place to place by vehicle, cart, wagon or on foot other than a peddler of produce that was grown or raised by the peddler, which is exempt under Section 71.630, RSMo. per day	$15.00
Photographer	$10.00
Plumber	$18.00
Pool hall or recreation parlor:
per billiard table	$20.00
for each other pool table	$10.00
Radio and/or television repair	$15.00
Restaurant	$15.00
Resort, liquor by the drink license	$450.00
Set up liquor license to allow consumption but not sale of intoxicating liquor where food served or entertainment provided during certain hours	$90.00
Shoe repair	$15.00
Shoe sales	$37.50
*Sunday resort liquor license	$150.00
***Tax-exempt organization, liquor by the drink (except Sunday) license	$200.00
***Tax-exempt organization, Sunday liquor by the drink license	$25.00
Taxi	$15.00
Theater	$37.50
Tobacco store	$15.00
Upholstery	$15.00
Variety store	$37.50

* Note — Ordinance No. 1413, adopted by the voters (see Ordinance No. 1462) authorizes the Board of Aldermen to set the license tax for the Sunday restaurant/bar liquor license at an amount not exceeding $300.00.

** Note — Ordinance No. 1774, adopted by the voters (see Ordinance No. 1790) authorizes the Board of Aldermen to set the license tax for package liquor on Sunday at an amount not exceeding $300.00.

*** Note — Ordinance No. 1831, adopted by the voters (see Ord. No. 1853) authorizes the Board of Aldermen to set the license taxes for qualified tax exempt organizations as follows: Liquor by the drink (except Sunday) — an amount not exceeding $450.00; and Sunday liquor by the drink — an amount not exceeding $300.00.

[1] State Law Reference — As to licensing, see RSMo., §§ 94.230, 94.240, 94.270, 71.610 to 71.630, 198.018(6), 311.220 and 312.140. As to pool table license fee - 1/2 to road district, see RSMo., § 233.120. As to pawnshops, see § 367.043.

Cross Reference — See §§ 14-7, 16-1, 16-3 and 16-4. As to commercial solid waste collection, see § 13-10. As to plumber's license, see §§ 23-64 and 23-66. As to alcoholic beverage definitions, see § 3-1. As to license application, see § 16-14.

Section 16-11 City License Officer — City Clerk designated — duties generally. [1]

[Ord. No. 971 § 7, 12-13-1971]

The City Clerk shall be the City License Officer and shall issue in the name of the City all licenses and permits required by this Chapter to all qualified applicants therefor, when all required taxes and fees have been paid, in accordance with the provisions of this Chapter.

[1] State Law Reference — See RSMo., § 94.230.

Cross Reference — As to City Clerk's duties, see § 2-57. Also see § 16-13. As to Mayor signing licenses, see § 2-37.

Section 16-12 Same — promulgation of rules and regulations — additional duties. [1]

[Ord. No. 971 § 8, 12-13-1971]

A. The City License Officer shall adopt and promulgate such rules and regulations as he may consider desirable for the administration of this Chapter. When approved by the Mayor, such rules and regulations shall be placed on file in the office of the City License Officer for inspection and use by the public, and the provisions thereof shall be enforced by him/her.

B. The City License Officer shall investigate and determine the eligibility of any applicant for a license or a renewal, examine the books and records of any applicant when reasonably necessary to the administration or enforcement, and notify any applicant of the acceptance or rejection of his/her application and, upon refusal, state in writing the reasons therefor, and deliver such notice to the applicant.

[1] Cross Reference — As to additional regulations, see §§ 16-6, 16-18, 16-21 and 16-21.1.

Section 16-13 Taxes and fees to be paid to City Collector; issuance of receipt. [1]

[Ord. No. 971 § 9, 12-13-1971]

Taxes and fees required by this Chapter to be paid by any person shall be payable to the City Collector, who shall issue a proper receipt to each person making any such payment.

[1] State Law Reference — As to taxing and licensing, see RSMo., §§ 94.230 and 95.360.

Section 16-14 Application; original license. [1]

[Ord. No. 971 § 11, 12-13-1971; Ord. No. 1410 § 1, 12-21-1987; Ord. No. 1571 § 2, 8-20-1990; Ord. No. 2608 § 1, 6-21-2010]

Every person required to have a license shall submit an application to the City License Officer by a written statement upon forms provided by the City License Officer, which shall disclose all information which the City License Officer shall find to be reasonably necessary to the fair administration of this Chapter, and which shall be accompanied by a receipt from the City Collector for the full amount of the fees chargeable for such license, which receipt shall not be construed as approval for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to this Chapter. For any business where goods are sold at retail, a State Retail Sales License shall be a prerequisite to the issuance of a license under this Chapter. If the Missouri Department of Revenue revokes a State Retail Sales License issued to the holder of a license issued under this Chapter, then the license issued under this Chapter is null and void, under the authority of Section 144.083, RSMo. Any person applying for a peddlers license (being a license for a peddler of merchandise, produce or other goods carried from place to place by vehicle, cart, wagon or on foot other than a peddler of produce that was grown or raised by the peddler) shall provide the City License Officer with the following additional information and documents when applying for the peddlers license: a photocopy of a recognized and valid identification card of the applicant containing a photograph of the applicant (such as a valid driver's license) as well as the motor vehicle make, model, predominant color and license plate state and number of the motor vehicle applicant is driving or riding in while in Centralia. A licensee who resides outside the corporate limits of the City shall, at the time application is made for a license, designate the City Administrator or some other City resident as the licensee's agent for service of all legal notices and other legal documents required to be served by this Chapter. If the agent later dies, becomes mentally or physically incapacitated or later leaves the City and the licensee fails to designate another City resident as successor agent, then the City License Officer may suspend the license until the successor agent is named.

[1] State Law Reference — See RSMo., § 144.083.

Cross Reference — As to responsibility of representatives for nonresidents, see § 16-7. As to listing of license fees, see § 16-10. As to City Clerk's duties, see § 16-11. As to pawnshop license, see § 16-15.1. As to revocation procedure, see § 16-21.1.

Section 16-15 Same — renewal. [1]

[Ord. No. 971 § 12, 12-13-1971]

Any applicant for the renewal of a license under this Chapter shall submit an application therefor to the City License Officer upon forms provided by such Officer, which shall include such information which the License Officer shall find to be reasonably necessary to the fair administration of this Chapter and information as to the conduct and operation of his business during the preceding licensing period.

[1] Cross Reference — As to City Clerk's duties, see § 16-11. As to renewal, see § 16-1.

Section 16-15.1 Municipal pawnshop license — requirements. [1]

[Ord. No. 2263 § 1, 10-20-2003]

A. Pursuant to Chapter 367, RSMo., a municipal pawnshop license shall be issued to a license applicant by the City License Officer upon the license applicant's compliance with the qualifications and requirements of Chapter 367, including Section 367.043, RSMo., and upon the license applicant complying with this Section, including the following: The license applicant showing written proof that the license applicant has a obtained a five thousand dollar ($5,000.00) surety bond with a surety company qualified to do business in Missouri, which bond shall be maintained at all times and which shall run to the State of Missouri for the use of the State of Missouri and of any person or persons who may have a legal cause of action against the bond obligor for the license applicant not complying with the provisions of Section 367.011 through Section 367.060, RSMo., and this Chapter of the Centralia City Code. The license applicant shall apply for the municipal pawnshop license by submitting a written application in the form of a notarized affidavit signed by the license applicant and containing all the information required to obtain the license in the application and attachments. If the license applicant is a corporation, the application shall be signed by all the shareholders, officers and directors. If the license applicant is a partnership, the application shall be signed by all partners. If the license applicant is a limited liability company, the application shall be signed by all members and managers.

B. Regarding the provision in Section 367.043, RSMo., that the license applicant shall have net assets of at least fifty thousand dollars ($50,000.00) readily available for use in conducting business as a pawnshop, the license applicant shall maintain at least that much in net assets at all times, with the phrase "net assets" having the meaning as defined in Section 367.011, RSMo. The City shall have the authority, as provided by Section 367.043, RSMo., to verify that the license applicant meets the net assets requirement by requiring a written finding, including the presentation of a current balance sheet, by an independent certified public accountant that the accountant has reviewed the books and records of the license applicant and that the license applicant meets the net assets requirement. The cost of such a written finding shall be at the cost of the license applicant. The license applicant shall attach to the application a copy of Section 367.011 through Section 367.060, RSMo., and this Section and shall state that all persons signing the application agree to abide by all the provisions of said State Statutes and this Section of the Centralia City Code at all times.

C. The license applicant at the time of filing the application shall pay the five hundred dollar ($500.00) investigation fee and the five hundred dollar ($500.00) annual fee. To renew the municipal pawnshop license, the five hundred dollar ($500.00) annual fee shall be paid and shall be accompanied by a notarized affidavit signed by the license applicant (as defined in Subsection (A) above) providing proof that the license applicant continues in compliance with all the application requirements, including the net assets requirement and the surety bond requirement.

[1] State Law Reference — See RSMo., §§ 367.043 and 367.011 — 367.060.

Section 16-15.2 Renewal of licenses for certain businesses — requiring certain plumbing device requirements be met.

[Ord. No. 2455 § 1, 5-21-2007]

Before renewing a business license for the following specific categories of businesses, the City License Officer shall require written documentation from such businesses confirming testing, operation and maintenance of certain plumbing devices as set forth below:

1. Any business required by City ordinances or State or Federal law or regulation to have a backflow prevention device installed on a water service to that business shall provide to the City License Officer a copy of a test or inspection report from a qualified inspector conducted within the twelve (12) months prior to the renewal application and attesting to the proper operability of each of the said devices present for that business.

2. Any business required by City ordinance or State or Federal law or regulation to have a grease pit or pits or similar devices installed in the sewage collection lines of that business shall provide to the City License Officer:

a. A copy of a continuing contract between the business and a company engaged in the business of the lawful collection and disposal of materials from grease pits, or

b. Copies of bills to the business from a company engaged in the business of the lawful collection and disposal of materials from grease pits covering the twelve (12) months prior to the renewal application and showing an appropriate frequency of collection sufficient for the operations of the business applying for business license renewal, or

c. Other written documentation, which in the opinion of the City Administrator or Building Inspection Official shows the presence and proper operation of such grease pit or pits by the business so as to prevent the unlawful discharge of grease and similar prohibited materials into the sewer mains of the City.

Section 16-15.3 Short-Term Rentals.

[Ord. No. 3031, 10-21-2019]

A. Application And Permit; Procedures.

1. The owner of the short-term rental property shall adhere to the following conditions and shall submit the following information on a short-term rental property application form provided by the City, which shall include, at a minimum, the following information:

a. The name, address and telephone number of the owner of the short-term rental property and the website address of the facilitation platform wherein the short-term rental property is listed for marketing and rental purposes.

b. A designated local contact person, which may be listed as:

[1] The owner, and

[2] An alternate contact.

Provided, however, any such local contact person shall be available twenty-four (24) hours per day, seven (7) days per week, for the purpose of responding within twenty-five (25) minutes to complaints regarding the condition, operation or conduct of transient guests or other occupants, and for the purpose of responding to any request, disturbance notice, or for any other reason as the City Clerk may deem necessary for purposes of this Article, and for the purpose of responding to any request or complaint by any transient guest regarding the condition or operation of the short-term rental property. In each case, such local contact person shall be available during the prescribed times for the entire term of any rental period.

c. The name, address, cell phone number and telephone number of the local contact person shall at all times be kept on file with the City Clerk, and shall be kept in the records of the City for a period of three (3) years after the conclusion of any short-term rental.

d. A one-time initial application fee for any short-term rental property shall be due and payable in the amount of fifty dollars ($50.00) in the form of a check made payable to the City of Centralia, as of the date and time the short-term rental property application is submitted. For each year thereafter, the owner shall be subject only to the annual business license fee.

e. Upon receiving a short-term rental property application that complies with the provisions of this Article, the residents within one hundred eighty-five (185) feet of the property lines of the subject short-term rental property shall be notified by the City Clerk or his/her designee of the existence and potential approval of the short-term rental property application.

2. Any false statements or false information provided in the short-term rental property application shall be grounds for denial of a short-term rental property permit, permit revocation or imposition of other penalties as outlined in this Code.

3. A short-term rental property application shall be denied if the owner has had a short-term rental property license revoked within the past twelve (12) months for the same or other short-term rental property. If a short-term rental property license is revoked twice, no short-term rental property license shall be subsequently issued for such owner.

4. The owner shall post the short-term rental property license at the rental property within plain view. The license shall be between eight and one-half (8½) inches by eleven (11) inches and four (4) inches by five (5) inches in size and shall be displayed at all times that the short-term rental property is being used for a short-term rental.

5. A short-term rental property license shall be valid for one (1) year from January through December of each year. A short-term rental property license shall be renewed annually by the owner by submitting to the City Clerk all updated information as required by the renewal form, along with a fifty dollar ($50.00) application renewal fee.

B. Record Of Transient Guest(s) And Notice.

1. Prior to each and every rental period of a short-term rental property, the owner shall:

a. Execute a standardized rental agreement with the transient guest;

b. Require any transient guest under the age of eighteen (18) to be accompanied by an adult of legal age who shall execute and acknowledge an addendum to the formal acknowledgement described above, which shall be in substantially the form of a waiver of all claims against the owner and City and shall indicate that the transient guest over the age of eighteen (18) shall assume full responsibility for the transient guest under eighteen (18);

c. Information required in Subsections (B)(1)(a) and (b), above, shall be maintained by the owner for a period of three (3) years and shall be made available upon request by any officer of the City responsible for the enforcement of any provision of this Code or any applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental property; and

2. On-site parking shall be allowed on an approved driveway, garage and/or carport areas.

3. The City Clerk or such other designee shall have the authority to impose additional conditions on the use and rental period of any short-term rental property to ensure that any potential secondary affects unique to the subject short-term rental property are avoided or adequately mitigated.

C. Procedures For Violations Or Other Misconduct.

1. The owner or local contact person shall use reasonably prudent business practices to ensure that all transient guests of the short-term rental property do not create unreasonable noise or disturbances, engage in disorderly conduct or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental property.

2. No amplified or reproduced sound shall be used outside or audible from the property line of any short-term rental property between the hours of 10:00 p.m. and 9:00 a.m.

3. The owner or local contact person shall upon notification that any transient guest or other occupant of the short-term rental property has created unreasonable noise or disturbances, engaged in disorderly conduct or committed a violation of any applicable law, rule or regulations pertaining to the use and occupancy of the short-term rental property or otherwise, respond in a timely and appropriate manner to immediately halt or prevent reoccurrence of such conduct.

4. Failure of the owner or local contact person to respond to such calls or complaints regarding the condition, operation or conduct of transient guests of the short-term rental property in a timely and appropriate manner shall be grounds for revocation of the short-term rental property permit and shall subject the owner to all administrative, legal and equitable remedies available to the City.

5. The City may revoke or refuse a license after two (2) occurrences of non-compliance by failing to respond to calls or complaints outlined in above in Subsection (C)(4).

Section 16-16 Application — refunds upon disapproval; engaging in business during appeal prohibited. [1]

[Ord. No. 971 § 13, 12-13-1971]

The City License Officer shall, upon disapproving any application, direct the City Collector to refund all money paid in advance; provided, the applicant is not otherwise indebted to the City. When the issuance of a license is refused and any action or proceeding is brought by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused.

[1] Cross Reference — As to City Clerk's duties, see § 16-11.

Section 16-17 Confidentiality of information. [1]

[Ord. No. 971 § 10, 12-13-1971; Ord. No. 1571 § 3, 8-20-1990]

The City License Officer, and all other City Officers and officials who may be officially concerned with administering and enforcing this Chapter, shall keep all information furnished or secured under the authority of this Chapter in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known, except to the persons charged with the administration of this Chapter; provided, that this Section shall not prohibit any City Officer from testifying as to such information in compliance with a subpoena issued from a Court of competent jurisdiction or from the Board of Aldermen in any proceeding before it; and further provided that this Section shall not affect compliance with the provisions of Section 2-1 of the Centralia City Code and Chapter 610 of the Revised Statutes of Missouri pertaining to the Open Meetings and Records Law.

[1] Cross Reference — As to City Clerk's duties, see § 16-11. As to open meetings and records law, see § 2-1.

Section 16-18 Inspection of business, books, etc.; operation of business upon revocation, expiration, etc. [1]

[Ord. No. 971 § 16, 12-13-1971]

Each licensee under this Chapter shall permit all reasonable inspections of his business and examination of his books by the License Officer and refrain from operating the licensed business after expiration of his license and during any period his license may be revoked or suspended.

[1] Cross Reference — As to City Clerk's duties, see §§ 16-11 and 16-12. As to enforcement, see § 16-21. As to revocation procedure, see § 16-21.1.

Section 16-19 Posting or display of license.

[Ord. No. 971 § 17, 12-13-1971]

Every licensee under this Chapter shall post and maintain his license upon the premises in a place where it may be seen at all times. Every licensee under this Chapter who does not have licensed business premises shall carry his license on his person and shall display it to City Officers having authority to enforce this Chapter and to persons with whom he transacts business at their request.

Section 16-19.1 Delinquent license taxes — penalty.

[Ord. No. 2743 § 1, 10-21-2013]

If the license tax is not paid in full by the final date when the license tax is due, then unless it is shown by the license applicant that such failure to pay is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the license tax total due from the license applicant an additional five-percent penalty for each additional month or fraction of a month during which the license tax is not paid in full, not exceeding twenty-five percent (25%) in the aggregate.

Section 16-20 Registration of persons engaging in interstate commerce. [1]

[Ord. No. 971 § 18, 12-13-1971]

A. Any canvasser, solicitor or other person who may be exempt from the application of license taxes or fees imposed by this Chapter, by reason of engaging in interstate commerce, shall, before engaging in any such canvassing or solicitation within this City, register with the City License Officer on a form provided by such Officer. Each registrant under this Section shall on such form provide the City License Officer with:

1. His name and description.

2. His permanent home address and full local address.

3. A brief description of the nature of the business and goods to be sold, whether or not money is to be collected by the registrant prior to delivery or shipment of the goods sold.

4. The name and address of his employer, together with credentials establishing the exact relationship.

5. The length of time for which the registrant proposes to do business within the City.

6. A photograph of the registrant taken within six (6) months prior to the date of the filing of the registration form, which picture shall show the head and shoulders of the registrant in a clear and distinguishing manner.

7. A statement by the registrant whether he has been convicted of any crime, misdemeanor or violation of any municipal law or ordinance, the nature of the offense and the punishment or penalty assessed therefor.

8. The fingerprints of the registrant, who will certify as to his good character and responsibility, or, in lieu thereof, such other available evidence as to the registrant's good character and business responsibility as will enable an investigation and proper evaluation of such character and business responsibility.

9. A statement by the registrant that he is free of any contagious, infectious or communicable diseases.

B. Each registrant hereunder shall pay at the time of registration the sum of ten dollars ($10.00) to cover the costs of the registration and the investigation of the facts stated in the registration form. The City License Officer shall refer such registration to the Chief of Police, who shall cause such investigation to be made. Upon approval by the Chief of Police, the License Officer shall issue to the registrant a registration certificate, which the registrant shall keep on his person at all times and on demand display to any Officer of the City and any citizen who so requests it. Any registration certificate hereunder may be revoked by the City License Officer for fraud or misrepresentation or false statements.

[1] Cross Reference — As to City Clerk as license officer, see § 16-11.

Section 16-21 Enforcement of Chapter; right of entry of License Officer, etc. [1]

[Ord. No. 971 § 19, 12-13-1971]

For purposes of enforcing this Chapter, the City License Officer, the City Administrator and the City Police shall have authority to inspect and examine businesses to enforce compliance. Such persons authorized to inspect licenses shall have the authority to enter, with or without a search warrant, at all reasonable times.

[1] Cross Reference — As to City Clerk as license officer, see §§ 16-11 and 16-12. Also see § 16-18.

Section 16-21.1 Revocation, suspension or non-renewal of licenses; procedure. [1]

[Ord. No. 1386 § 1, 7-20-1987; Ord. No. 1629 § 2, 7-1-1991]

A. Licenses issued under the Centralia City Code, including alcoholic beverage licenses, may be revoked, suspended or not renewed for any of the following causes:

1. Fraud, misrepresentation, or false statement contained in any application for a license or in any application for renewal of a license; or

2. Fraud, misrepresentation or false statement by the licensee or any of his agents or employees in the course of carrying on the business; or

3. Issuance or renewal of a license by the City License Officer by mistake, or without legal authority, or in violation of State Law or City ordinance; or

4. Conviction in any court of law against the licensee or any of his agents or employees, for violating any provisions of State law or regulation, this Chapter, or any other provisions of the City Code, concerning the conduct or operation of the business being licensed, unless revocation, suspension or non-renewal of the license is not permitted by State law or the City Code because of the conviction; or

5. Concerning alcoholic beverage licenses only, an order or decision by the State Supervisor of Liquor Control or a determination by the State Administrative hearing commission that the licensee or any of his agents or employees has violated any provision of Chapter 311 or Chapter 312 of the Revised Statutes of Missouri or State regulations issued pursuant thereto concerning the conduct or operation of the business being licensed, unless revocation, suspension or non-renewal of the license is not permitted by state law or the City Code as a result of such action taken by the state supervisor of liquor control or state administrative hearing commission; or

6. The licensee or any of his agents or employees conducting the business licensed in such a manner as to be

a. In violation of any provisions of this City Code, or

b. Harmful to the public health, safety or general welfare so as to constitute a nuisance.

B. To revoke, suspend or not renew a license issued under the Centralia City Code, the City License Officer shall, whenever he has reasonable grounds to believe that there is cause to revoke, suspend or not renew a license, serve written notice on the licensee that the license shall be either revoked, suspended or not renewed beginning ten (10) days after service of the notice. The notice shall state the grounds for revocation, suspension or non-renewal and shall include a copy of this Section of the Code. The number of days of any suspension shall be at the discretion of the City License Officer.

C. If, before the expiration of the ten (10) day period, the licensee files a written application with the City License Officer for a hearing, the Board of Aldermen shall conduct a hearing on the matter and the license revocation, suspension or non-renewal shall stand abated until the Board of Aldermen reaches a decision on whether the license should be revoked, suspended or not renewed. If no written application is timely filed by the licensee, or if written application is timely filed by the licensee but the licensee fails to attend the hearing, then the revocation, suspension or non-renewal shall be final. If a written application from the licensee for a hearing is received by the City License Officer before the expiration of the ten (10) day period, the City License Officer shall serve written notice on the licensee of the date and time of the hearing, the place of the hearing and the grounds for revocation, suspension or non-renewal of the license. The hearing shall be at least ten (10) days after service of notice. At any such hearing, the licensee shall attend and show cause, if any, why such license should not be revoked, suspended or not renewed. The licensee shall have the right to appear with counsel, inspect documents, offer evidence, produce witnesses, and to examine and cross-examine witnesses. At the conclusion of the hearing, the Board of Aldermen shall reach a decision by vote of a majority of the members of the Board of Aldermen present at a meeting where a quorum is present.

D. All notices shall be served by the City License Officer, City Police, the City Administrator or a designate of the City License Officer, and shall be served on the licensee in the following manner: The notices shall be in writing and personally served on the licensee or his designated agent or attorney. If the licensee and his agent or attorney cannot be found, then notices shall be served on the licensee by affixing them to the licensed premises and also by depositing them in the United States mail and addressed to the licensee at the last known address of the licensee. The day such notices are deposited in the United States mail and the day the notices are affixed to the licensed premises shall constitute service for purposes of the ten (10) day application for hearing period and for all other purposes.

E. There shall be no refund of any portion of the license tax upon revocation or suspension of the license, unless a license is revoked by the City License Officer because it was issued or renewed by mistake or without legal authority or in violation of State law or City ordinance. Any refund shall be prorated for the remaining portion of the license period following the revocation date.

F. Upon revocation, suspension or non-renewal of the license (unless abated), the licensee shall immediately cease all business regulated under the license.

[1] State Law Reference — See RSMo., § 144.083.

Cross Reference — Also see §§ 16-12, 16-14 and 16-18. For additional provisions, see §§ 3-19, 3-20 and 3-21.