[R.O. 1997 § 605.010; 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.
[R.O. 1997 § 605.020; 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:
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.
Unless otherwise provided, shall mean the year beginning
July 1, 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 30.
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 service.
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.
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
Agents
Amusement parks or similar locations
Appliance repair
Architects and consulting engineers, when maintaining a business
office within the City
Artists/art studios
Auctions, auctioneers, per day, when maintaining a business
office within the City
Automotive repair service, except new or used car or truck
dealers
Bakeries
Banks, trust companies, savings and loan institutions and
credit unions
Barbershops
Beauty shops
Builders
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
Hospitals
Hotels
Insurance agencies/brokers/adjusters
Laboratories
Laundries
Loan agencies/companies
Manufacturing agents
Mercantile agents/representatives
Money brokers
Motels
Moving and storage
Museums for profit
Nursery schools/day-care centers
Nursing homes
Office buildings
Pawnbrokers
Peddlers
Photographers, in office
Picture shows
Private schools
Property management companies
Public halls
Radio repair shops
Real estate agents/company, when maintaining a business office
within the City
Research laboratories
Service stations
Sports arenas, rinks and clubs
Telephone/telegraph offices
Theaters
Title companies/examiners
Trade schools
Undertakers
Veterinarians, when maintaining a business office within
the City
[R.O. 1997 § 605.030; Ord. No. 46 § 3, 9-1-1995]
A.
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.
B.
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.
[R.O. 1997 § 605.040; 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.
[R.O. 1997 § 605.050; Ord. No. 46 § 5, 9-1-1995]
A.
The following fee schedule shall apply
to all merchants, businesses and occupations, manufacturers and warehouses:
1.
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).
2.
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).
3.
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).
[R.O. 1997 § 605.060; Ord. No. 46 § 6, 9-1-1995]
A.
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.
B.
If three (3) months or more but less than
six (6) months have expired, the applicant shall be required to pay
three-fourths (3/4) of the annual license fee.
C.
If six (6) months or more but less than
nine (9) months have expired, the applicant shall be required to pay
one-half (1/2) of the annual license fee.
D.
If nine (9) months or more have expired,
the applicant shall be required to pay one-fourth (1/4) of the annual
license fee.
E.
Provided, however, that no license fee
shall be issued for less than twenty-five dollars ($25.00).
[R.O. 1997 § 605.070; Ord. No. 46 § 7, 9-1-1995; Ord. No. 373 § 2, 1-26-1998]
A.
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.
B.
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.
C.
Denial. The City may refuse to grant or
renew any license for any of the following reasons:
1.
Failure to have or to provide proof of workers' compensation coverage as required under Subsection (B) of this Section;
2.
Providing fraudulent information
regarding workers' compensation coverage on an application for business
license;
3.
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;
4.
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
5.
Any other basis for revocation as
set out herein.
D.
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.
E.
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.
F.
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.
[R.O. 1997 § 605.080; 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.
[R.O. 1997 § 605.090; 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.
[R.O. 1997 § 605.100; 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.
[R.O. 1997 § 605.110; 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.
[R.O. 1997 § 605.120; 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.
[R.O. 1997 § 605.130; 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.
[R.O. 1997 § 605.140; 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.
[R.O. 1997 § 605.150; 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.
[R.O. 1997 § 605.160; 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.
[R.O. 1997 § 605.170; 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.
[R.O. 1997 § 605.180; 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.
[R.O. 1997 § 605.190; 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.
[R.O. 1997 § 605.200; 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.
[R.O. 1997 § 605.210; Ord. No. 46 § 21, 9-1-1995]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
[R.O. 1997 § 605.220; Ord. No. 46 § 22, 9-1-1995; Ord. No. 1607 § 1, 3-23-2009]
A.
Delay In Payment. All license fees provided
for in this Chapter shall be deemed delinquent if not paid by July
31 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 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.
B.
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.
C.
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.
D.
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.
