Cross Reference — As to licensing of home occupations, §405.410.
[R.O. 2012 §605.010; Ord. No. 536 §1, 9-7-1993; Ord. No. 609 §1, 9-23-1998]
"Business, occupation, trade or vocation" means the engaging in the sale of any goods, wares, merchandise, or the performing of any service whatsoever, whether within or without any store, stand or place occupied or maintained for that purpose within the City. "Business, occupation, trade or vocation" shall be construed in its broadest possible sense and shall expressly include, but not be limited to, the indulging of any firm, association, person, partnership or corporation, and any agent therefor in those businesses, occupations, trades or vocations, as the same are listed within Section 94.270, RSMo., except those excluded therefrom by Sections 71.620—71.630, RSMo. "Fixed business location" shall be defined as a structure in which the business activities of the proprietor or employees of the business, occupation, trade or vocation are wholly or partially performed.
[R.O. 2012 §605.020; Ord. No. 536 §2, 9-7-1993; Ord. No. 609 §2, 9-23-1998]
Anyone, before offering to engage in any business, occupation, trade or vocation, shall apply with the City using forms approved by the City Administrator and pay thereto a license fee as exacted within Section 605.030. Upon approval of the business application by the City Administrator or his/her designated representative and upon receipt of such fee, the City shall issue a license which shall be valid for not more than twelve (12) months, but not beyond the last day of June of the calendar year following its date of issuance. All licenses shall be issued for a period ending on the last day of June following the date of issuance.
[R.O. 2012 §605.030; Ord. No. 536 §3, 9-7-1993; Ord. No. 609 §3, 9-23-1998]
All businesses, occupations, trades or vocations shall pay a license fee of twenty-five dollars ($25.00) per year. Such fees shall be prorated over the year, such that each month or portion of a month of the license's issuance shall be charged at one-twelfth (1/12) of its annual fee.
[R.O. 2012 §605.040; Ord. No. 536 §4, 9-7-1993; Ord. No. 609 §4, 9-23-1998]
All such licenses shall be signed by the Mayor, attested to by the City Clerk (who shall affix thereto the Seal of the City), and countersigned by the Collector. No such license shall be assignable or transferable; neither shall it authorize its holder to do business in any place other than that specified therein. Business operations with more than one (1) location must have a separate license for each location. Business locations with more than one (1) business activity under separate ownership must have a separate license for each owner. It is the intent of this Chapter to require one (1) license for each owner at each location.
[R.O. 2012 §605.050; Ord. No. 536 §5, 9-7-1993; Ord. No. 609 §5, 9-23-1998]
As a prerequisite to the issuance of the City's license hereunder:
Any applicant for conducting any business where goods are sold at retail shall be required to first possess a current, valid Missouri retail sales license which can be verified as required by Section 144.083.2, RSMo.
Any applicant who is required (contractors only) by Chapter 287, RSMo., to have Workers' Compensation coverage shall be required to produce a copy of a current certificate of insurance for insurance for such coverage.
Each applicant for a business license under this Chapter shall submit a statement from the Missouri Department of Revenue pursuant to Section 144.083.4, RSMo., stating no tax is due, which statement is a prerequisite to the issuance or renewal of a City business license. The statement required by this Section shall be dated within ninety (90) days of submission of the business license application or renewal application.
[R.O. 2012 §605.060; Ord. No. 536 §6, 9-7-1993; Ord. No. 609 §6, 9-23-1998]
Licenses issued under the provisions of this Chapter may be revoked by the Board of Aldermen, after notice and hearing, for any of the following reasons:
Fraud, misrepresentation, or false statement contained in the application for license;
Fraud, misrepresentation, or false statement made in the course of carrying on his/her business;
Any violation of this Chapter;
Conviction of any crime, misdemeanor or ordinance violation involving moral turpitude;
Conducting the business in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed to the licensee at his/her last known address at least five (5) days prior to the date set for hearing.
All license fees not paid to the City by the person required to remit the same on the date when the same becomes due and payable to the Director of Revenue shall bear interest at the rate determined by Section 32.065, RSMo., from and after such date until paid.
In case of failure to apply for any license fee required by this Chapter on or before the date prescribed therefor, determined with regard to any extension of time for making an application, unless it is shown that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the amount required to be shown as tax on such return five percent (5%) of the amount of such tax if the failure is not for more than one (1) month, with an additional five percent (5%) for each additional month or fraction thereof during which such failure continues, not exceeding twenty-five percent (25%) in the aggregate.
In case of failure to pay the full amount of any license fee due hereunder on or before the date prescribed therefor, determined with regard to any extension of time for payment, unless it is shown, by the applicant, that such failure is due to reasonable cause and not the result of willful neglect, evasion or fraudulent intent, there shall be added to the tax an amount equal to five percent (5%) of the deficiency. The City shall, upon request by a taxpayer, apprise the taxpayer of the factual basis for the finding of negligence, or the specific rules or regulations disregarded if the City assesses a penalty under this Subsection.