State Law Reference — License taxation in 4th class cities,
RSMo. 94.230 et seq.
[CC 1971 §15-1; Ord. No. 51 §1, 7-1-1940]
No person shall engage in any occupation, business or calling
coming under the provisions of this Chapter unless he shall first
obtain a license for the same.
[CC 1971 §15-2; Ord. No. 1003 §§1 — 2, 11-20-2007]
Any person desiring to enter into or carry on any business,
trade or calling within the City shall first make application to the
City Clerk for a license so to do, giving such information as may
be desired by the Clerk relative to such person's activities and have
submitted payment for the license fee herein imposed.
[CC 1971 §15-3; Ord. No. 1003 §§ 1 — 2, 11-20-2007]
Before any license shall be issued under this Chapter, the applicant
therefore shall pay a fee of fifteen dollars ($15.00).
[CC 1971 §15-4; Ord. No. 51A, 4-5-1943]
Should any license be issued under the provisions of this Chapter
for a period of time less than one (1) year, the licensee shall pay
a sum in proportion to the fractional part of the year that such license
shall be valid.
[CC 1971 §15-5; Ord. No. 176 §1, 10-29-2013]
All monies derived from the collection of licenses and license
taxes under the provisions of this Chapter shall be paid into the
general revenue fund of the City.
[CC 1971 §15-6; Ord. No. 918 §§1 — 2, 6-10-2003]
A. Any
license or permit provided for or required by this Chapter or any
ordinance of the City shall not be issued until all financial obligations
due from the applicant to the City along with any penalties thereon
have first been fully paid and satisfied. Said obligation shall include,
but not be limited to, the following:
1. Delinquent City real property taxes;
2. Delinquent City personal property taxes;
3. Delinquent City merchant's or City business taxes;
4. Delinquent City special assessments;
B. Any
license or permit provided for or required by this Chapter or any
ordinance of the City shall not be issued until all delinquent electric,
water or sewer charges owed by the applicant for any preceding period
to the City of Rock Port or Rock Port Municipal Utilities has been
paid.
[Ord. No. 1154 §6, 2-18-2015]
C. Any
license or permit provided for or required by this Chapter or any
ordinance of the City shall not be issued to any applicant who is
indebted or obligated in any manner to the City, except for current
taxes and current utilities.
D. Any
license or permit provided for or required by this Chapter or any
ordinance of this City shall not be issued until all financial obligations
due from the applicant to the State of Missouri have been paid. Applicant
shall include a copy of the sales tax license number issued by the
State of Missouri and a tax clearance letter from the Department of
Revenue with their application.
[Ord. No. 1003 §2, 11-20-2007]
A. A separate
license shall be obtained for each separate occupation or business.
A person or entity engaged in more than one (1) business at the same
location may obtain one (1) license which specifies on its face all
businesses so licensed. The license fee shall equal the sum of all
fees for each occupation or business at that location.
B. A person
or entity operating a business at more than one (1) location must
purchase a license for each location.
[CC 1971 §15-7; Ord. No. 51A, 4-5-1943; Ord. No.
1024 §§1 — 2, 6-17-2008]
Every license issued under this Chapter shall be valid for one
(1) year and shall expire on the last day of December following the
issuance thereof.
[CC 1971 §15-8]
Every license issued under this Chapter shall be displayed by
the licensee in a conspicuous place in his place of business readily
visible to his customers. In the event the licensee has no fixed place
of business, he shall carry his license at all times he is engaged
in his business within the City.
[Ord. No. 1003 §2, 11-20-2007]
All licenses issued under the provisions of this Chapter shall
be subject to the licensee's compliance with all zoning requirements.
[CC 1971 §15-9]
Any license issued under the provisions of this Chapter may
be suspended or revoked by the Board of Aldermen for the violation
by the licensee of any applicable provision of this Code, State law
or City ordinance, rule or regulation.
[Ord. No. 1003 §2, 11-20-2007]
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 suspension or 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 suspension or revocation.
2. At least ten (10) days prior to said hearing, written notice shall
be mailed to the licensee, by certified 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 suspension or revocation of
his/her license.
3. Pending 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 suspended
or revoked.
7. A majority vote by the Board of Aldermen shall be necessary to revoke
any license.
[Ord. No. 1003 §2, 11-20-2007]
Each business or occupation shall refrain from operating such
business after the expiration of its license and during any period
said license is revoked or suspended and it shall be a violation of
this Chapter to continue operation after the expiration, suspension
or revocation of said license.
[Ord. No. 1003 §2, 11-20-2007]
A. Any
person or entity who shall fail to comply with any provision of this
Chapter or shall violate the same shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be subject to a fine not exceeding
five hundred dollars ($500.00) or by imprisonment in the County Jail
not exceeding ninety (90) days or by both such fine and imprisonment
for each separate offense, and a separate offense shall be deemed
committed on each day during or on which such failure to comply or
violation is permitted to exist.
B. Each
day any violation of this Code or any other ordinance or any such
rule, regulation, notice or order shall continue shall constitute
a separate offense.