[Ord. No. 46 §1, 9-1-1995]
The City shall collect a fee for business/merchant licenses from all persons, partnerships, corporations or businesses as authorized in Section 94.110, RSMo., which are doing business within the City as set out in this Chapter.
[Ord. No. 46 §2, 9-1-1995]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- BUSINESS OR OCCUPATION
- Any business, service, occupation, pursuit, profession or trade, or the keeping or maintaining of any institution, establishment, article, utility or commodity within the City, except as may be otherwise provided by this Chapter.
- License fees and taxes levied on or required by any merchant, business or occupation.
- Any license required to be secured under this Chapter.
- LICENSE YEAR
- Unless otherwise provided, shall mean the year beginning July first (1st), or in the case of initial licenses or businesses newly established, at the commencement of the initial license or of doing business, and ending on the following June thirtieth (30th).
- Any person engaged in the production of some article, thing or object by skill or labor out of raw materials, or from matter that has already been subject to artificial forces or to which something has been added to change its natural condition.
- Any person engaged in any business or occupation not specifically classified as manufacturing, retail merchant, or manufacturing.
- Any natural individual, partnership, firm, corporation, or association. As applied to partnerships, firms or associations, the term includes the individual partners or members thereof, and the singular includes the plural.
- RETAIL MERCHANT
- Any person engaged in the selling of goods, wares or merchandise at any store, stand or place occupied for that purpose within the City except as may be otherwise provided by this Chapter.
- Any person engaged in any of the following businesses or occupations, or any business or occupation which is not specifically defined as manufacturer, retail or warehouse, but listed in Section 94.110, RSMo.
- Service Occupation/Offices Categories
- Amusement parks or similar locations
- Appliance repair
- Architects and consulting engineers
- Artists/art studios
- Auctions, auctioneers, per day
- Automotive repair service, except new or used car or truck dealers
- Banks, trust companies, savings and loan institutions and credit unions
- Beauty shops
- Business or correspondence schools
- Carnivals, street fairs, exhibitions and circuses, per day
- Collection agencies
- Commercial parking lots for profit
- Contractors, including general electrical, plumbing
- Country club/private club
- Dance halls/studios
- Employment offices/agencies
- Express companies/agencies
- Funeral homes
- Gas and fuel storage
- Insurance agencies/brokers/adjusters
- Loan agencies/companies
- Manufacturing agents
- Mercantile agents/representatives
- Money brokers
- Moving and storage
- Museums for profit
- Nursery schools/day care centers
- Nursing homes
- Office buildings
- Photographers, in office
- Picture shows
- Private schools
- Property management companies
- Public halls
- Radio repair shops
- Real estate agents/company
- Research laboratories
- Service stations
- Sports arenas, rinks and clubs
- Telephone/telegraph offices
- Title companies/examiners
- Trade schools
[Ord. No. 46 §3, 9-1-1995]
The City shall initially establish and identify each business within the categories as proposed above. Any business which objects to the category upon which it is originally placed or the square footage determination, shall have the opportunity to file a written appeal to the Finance and Administration Committee of the City for designation to a category other than the category to which they are originally assigned or to change the square footage. Said appeal must be filed with the Director of Finance within sixty (60) days after the business is assigned its original category or after the square footage determination is made, for an appeal to be taken.
For the purpose of business categorization, nursing homes, senior citizen complexes and/or apartment complexes are to be categorized solely on the square footage of the office area of said complexes.
[Ord. No. 46 §4, 9-1-1995; Ord. No. 373 §1, 1-26-1998]
No person shall engage in any of the businesses, trades or avocations described in this Chapter within the City without first having obtained a license therefor from the Finance Director and paying such officer the designated fee or tax; provided that no license shall be required for any person that has no temporary or permanent physical office, facilities or infrastructure, stand, outlet, or business or vending location within the City limits. Except as otherwise may be provided herein, the license shall be for the annual license year.
[Ord. No. 46 §5, 9-1-1995]
The following fee schedule shall apply to all merchants, businesses and occupations, manufacturers and warehouses:
Retail merchants. The annual license fee per location for businesses defined as retail merchants in Section 605.020 above shall be twenty-five dollars ($25.00) for businesses occupying zero (0) to three hundred twelve and one-half (312.5) square feet, and an additional eight cents ($0.08) per square foot for businesses occupying buildings in addition to three hundred twelve and one-half (312.5) square feet, except that no license fee shall exceed ten thousand dollars ($10,000.00).
Services/offices. The annual license fee per location for businesses defined as services or offices in Section 605.020 above shall be twenty-five dollars ($25.00) for businesses occupying zero (0) to six hundred twenty-five (625) square feet, and an additional four cents ($0.04) per square foot for businesses occupying buildings in addition to six hundred twenty-five (625) square feet, except that no license shall exceed ten thousand dollars ($10,000.00).
Manufacturers/warehouses. The annual license fee per location for businesses defined as manufacturer or warehouses in Section 605.020 above shall be twenty-five dollars ($25.00) for businesses occupying zero (0) to one thousand two hundred fifty (1,250) square feet, and an additional two cents ($0.02) per square foot for businesses occupying buildings in addition to one thousand two hundred fifty (1,250) square feet, except that no license fee shall exceed ten thousand dollars ($10,000.00).
[Ord. No. 46 §6, 9-1-1995]
The applicant for a license for an initial license or for a new place of business or to engage in a new occupation shall be required to pay the full annual license fee if at the time of the application for a license less than three (3) months of the current license year have expired.
If three (3) months or more but less than six (6) months have expired, the applicant shall be required to pay three-fourths (¾) of the annual license fee.
If six (6) months or more but less than nine (9) months have expired, the applicant shall be required to pay one-half (½) of the annual license fee.
If nine (9) months or more have expired, the applicant shall be required to pay one-fourth (¼) of the annual license fee.
Provided however, that no license fee shall be issued for less than twenty-five dollars ($25.00).
[Ord. No. 46 §7, 9-1-1995; Ord. No. 373 §2, 1-26-1998]
Applications. Application for a license shall be made in writing on a form provided by the City and submitted to the Director of Finance. An application shall be made to renew any license at its expiration. All holders of licenses or permits shall be responsible for reporting changes in initial application data immediately as the same occur. The form of licenses shall be prescribed and furnished by the Finance Director or his/her designee.
Issuance. All licenses shall be granted and signed by the Finance Director upon proof of a certificate of insurance for workers' compensation coverage if said applicant for license is required to cover his/her liability under Chapter 287, RSMo., 1988, as amended.
Denial. The City may refuse to grant or renew any license for any of the following reasons:
Failure to have or to provide proof of workers' compensation coverage as required under Subsection (B) of this Section;
Providing fraudulent information regarding workers' compensation coverage on an application for business license;
The business or activity sought to be licensed is deemed to be one that would constitute a breach of the peace, a detriment, a menace to the health, safety or welfare of the public or a disturbance of the peace or comfort of the residents of the City if it were licensed;
The business or activity sought to be licensed would be conducted in violation of any law of the United States or of the State or ordinance of the City; or
Any other basis for revocation as set out herein.
Liability. Nothing in this Section shall be construed to create or constitute a liability to or a cause of action against the City to the issuance of any license pursuant to this Section.
Approval Of License—Conditions. When the application, or investigation of such application, indicates that a license may not be issued in compliance with this Section or other law, the Finance Director may, at the Director's discretion, refer the application to the Council for a hearing on such matter. If upon finding that the application would satisfy the requirements of the ordinance only if certain conditions were imposed as a condition of the license, the Council may at its discretion grant such license subject to such reasonable conditions as may be appropriate. Such conditions may include, but are not limited to, shortening the license period, requiring additional information, conditioning other permits, licenses, or City authorizations upon compliance with this Section, conditions relating to the activity, or other such conditions as may ensure that the business or activity will be engaged in lawfully and in compliance with this Section and other applicable law.
Limitation On Hours Of Business. In addition to any requirements in ordinances relating to zoning, nuisance, or other regulations of the City, no business location shall operate between the hours of 11:00 P.M. to 6:00 A.M. within one thousand (1,000) feet of any residential dwelling except where operation during such hours are expressly permitted by applicable zoning district. This limitation shall not preclude non-retail business activity wholly inside a building and for which no deliveries or other vehicular or non-employee pedestrian traffic is occurring. Any business holding a valid business license upon the effective date of this provision (January 26, 1998) shall be exempt from this requirement for the period of the license and all subsequent renewals of such business, including successor licensees on the premises conducting the same activity.
[Ord. No. 46 §8, 9-1-1995]
Upon receipt of an application for a license which requires an investigation or an inspection by any department of the City or other government unit and the approval thereof as to the character or fitness of any applicant for a license, or as to the proper location or condition of the premises in which the business for which a license is applied, is to be managed, conducted, operated or carried on, the City Administrator or his/her designee shall transmit to each department or governmental unit charged with the investigation and approval of any such application, such information as may be necessary in order that the required investigation or inspection may be made. Each Department Head so charged with such investigation or inspection shall, upon receipt of such information, cause an investigation or inspection to be made, and shall, within ten (10) days after the receipt of such information, either approve or disapprove the issuance of such license, and shall notify the Finance Director or his/her designee.
[Ord. No. 46 §9, 9-1-1995]
The City, through the Director of Finance, working in conjunction with the Department of Planning, is empowered to set and determine the square footage for each business based upon an independent evaluation and information contained in public records. In each case, the decision of the Director of the Department of Planning shall be final as to the square footage.
[Ord. No. 46 §10, 9-1-1995]
The square footage for each business license shall be based upon the business' predominant use at their business location. All licenses shall be calculated based upon a single use as opposed to being a varied use and that use which has the largest percentage shall be the overriding use which shall be used in determining the rate to be set.
[Ord. No. 46 §11, 9-1-1995]
No license shall be assignable or transferable, except that in the case of the sale of a business during the annual license year the seller and purchaser may request of the City Council, in writing, authority to transfer the license to the purchaser for the remainder of the annual license year.
[Ord. No. 46 §12, 9-1-1995]
A separate license shall be obtained for each stand, store or place of business conducted, operated or maintained by every merchant, business or occupation or manufacturer or warehouse for which a license is required, and the Finance Director shall be notified of any change of address within seven (7) days after such change.
[Ord. No. 46 §13, 9-1-1995]
Whenever any applicant for a license is engaged in more than one (1) occupation or business at the same address, such applicant may at his/her option, in lieu of making application and paying for a separate license for each such occupation or business, make application and pay for the occupation or business license for only the major or principal business or occupation of the applicant at such address, but he/she shall report the square footage of each such occupation or business separately as part of the total square footage of the licensed business.
[Ord. No. 46 §14, 9-1-1995]
If any person licensed to engage in a business or occupation at a particular place desires, before the expiration of the license period, to change the location of such place of business, he/she shall forthwith notify the Finance Director of such fact. No business or occupation shall be engaged in under the authority of such license at such new location until the notice of such change has been given as herein provided, and until such licensee has complied with all the provisions of this Chapter relating to the engaging in of such business or occupation at such new location, including the approval of the head of the Departments or governmental units which originally approved the application for such license.
[Ord. No. 46 §15, 9-1-1995]
Each license granted by the City shall be carefully preserved and shall be displayed in a conspicuous place in the place of business authorized to be conducted by such license.
[Ord. No. 46 §16, 9-1-1995]
Any merchant, business or occupation or manufacturer which sells, rents or leases any portion of its stand, store, or place of business or premises to another whose square footage will not be included in the return of the lessor shall report the fact of such sale, rent, or leasing together with the name and address of the purchaser, renter or lessee in writing to the Finance Director. Such report shall be made within five (5) days after such purchaser, renter or lessee has taken possession and shall include a general description of all the goods, commodities or ware-dispensing devices installed in the premises by such purchaser, renter or lessee.
[Ord. No. 46 §17, 9-1-1995]
The Finance Director, or his/her designee, shall have the right at all reasonable times during regular business hours to examine the premises for the purpose of determining the truthfulness and accuracy of any statements made by the applicant in his/her application for license or in the payment of his/her license tax.
[Ord. No. 46 §18, 9-1-1995]
No license shall be issued for the conduct of any business, nor shall any license be renewed, if the premises and building to be used for such a purpose do not fully comply with the requirements of the Building, Maintenance, Fire and Health Codes. No such license shall be issued for the conduct of a business or the performance of an act which would constitute a violation of the Zoning Code or other land use regulation of the City.
[Ord. No. 46 §19, 9-1-1995]
When, in the opinion of the City Council, it is in the best interest of the public welfare, and when the license sought is for charitable purposes or for the City or a department of the City, or is sponsored by a charitable, religious or non-profit association or group of persons, the license fee provided for may be waived. In no case shall the filing of an application be waived.
[Ord. No. 46 §20, 9-1-1995]
The Finance Director shall cause to be kept a record of every license issued, the amount of the fee paid, the purpose for which such license was issued, the location where the license privilege is to be exercised and the name of the licensee.
[Ord. No. 46 §21, 9-1-1995]
Any license may be revoked by the City Administrator at any time for conditions or considerations which, had they existed at the time of issuance, would have been valid grounds for its denial; for any misrepresentation of a material fact in the application discovered after issuance of the license; or for violation of any provision of the business or enterprise for which the license has been issued. Such revocation shall become effective upon notice to such licensee. Such notice shall specify the reasons for suspension and may provide the conditions under which reinstatement of the license may be obtained. Upon compliance with such conditions within the time specified, such license may be restored.
No licenses shall be suspended or revoked, except as provided in Subsection (C) hereof, until notice has been given to the licensee as hereinafter provided, until a reasonable time, not to exceed seven (7) days, has elapsed to enable the licensee to comply with the provisions of this Chapter and applicable State Statutes and until the licensee has been given an opportunity to appear at a hearing as provided in this Section. Such suspension or revocation of a license may be in addition to any fine imposed by this Chapter. No licensee whose license has been revoked, as provided in this Section, shall be eligible for a new license during the period for which the revoked license was originally issued.
Anything herein or hereafter notwithstanding, the City Administrator may suspend, for a period not exceeding thirty (30) days, without prior warning, notice or hearing, any license issued under this Chapter during the term of such license, for the failure of any licensee to comply with any provision of this Chapter, a Statute of the State or the license relating to the business, occupation or activity for which such license was issued if, in the judgment of the City Administrator, such failure constitutes a clear and present danger to the public safety.
A license holder whose license is suspended or revoked shall immediately discontinue the business, occupation or activity for which the license was issued. A separate offense shall be deemed committed each day the license holder continues to do business after a license suspension or revocation.
A licensee whose license is suspended may, at any time, petition, in writing, the City Administrator for a hearing or make a written application to the City Administrator for reinspection for the purpose of reinstatement of the license. Any such hearing shall be held as soon as possible and shall be conducted at a time and place designated by the Administrator. Based upon the record of such hearing, the Administrator, as the case may be, shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the licensee within seven (7) days after the hearing is concluded.
The licensee may appeal any decision of the Administrator at such a hearing to the Finance and Administration Committee of the Council, by giving written notice of a request for consideration by the Council of the Administrator's decision. Such notice must be received by the City Clerk within seven (7) working days from the receipt by the licensee of the written decision of the hearing.
When the Council or the Administrator is aware of conditions which may justify the suspension or revocation of a license and schedules a hearing in that regard, written notice of that hearing shall be given to the licensee. Any such notice shall be deemed to have been properly served when it has been delivered personally to the licensee or when it has been sent by registered or certified mail, return receipt requested, to the last known residence or business address of the licensee.
[Ord. No. 46 §22, 9-1-1995; Ord. No. 1607 §1, 3-23-2009]
Delay In Payment. All license fees provided for in this Chapter shall be deemed delinquent if not paid by July thirty-first (31st) of each year, and any person so delinquent shall pay to the Finance Director an additional ten percent (10%) of the amount due for the first (1st) month of such delinquency and one percent (1%) of the amount due for each month or part thereof that such delinquency thereafter continues, in addition to any other penalty described in this Chapter.
False Statement Causing Reduction In Payment. Any person who makes a false statement which causes a reduction in any license fee shall be required to pay to the Finance Director the additional amount due, plus a penalty of twenty-five percent (25%) of such additional amount, plus one percent interest per month or fraction thereof on such additional amount from the date originally due, in addition to any other penalties prescribed in this Chapter.
Non-Compliance Or Violation. Any person failing to comply with or any violation of any provision of this Chapter shall be guilty, upon conviction thereof, of an offense. Any fine assessed for such an offense shall be in addition to any other penalties assessed for delinquency or false statements causing a reduction in payment.
Revocation. Any failure to comply with or any violation of any provisions of this Chapter by any licensee under this Chapter shall be cause for revocation or suspension of such license by the City Council upon recommendation of the City Administrator, and such revocation or suspension shall be in addition to any other penalties prescribed in this Chapter.