[1]
Cross References: Licensing of kennels, §205.140; dog license, §205.150 et seq.; licenses and permits for massage establishments, masseurs and masseuses, ch. 625; peddlers, ch. 610; alarm systems, §200.070; solid waste licenses, §235.080 et seq.; junk yards, §615.080 et seq.
[R.O. 2009 §605.010; Code 1975 §§52.200, 52.250; CC 1985 §23-26; Ord. No. 20.25, 6-4-2020]
The following words, terms and phrases, when used in this Article, shall have the meanings as prescribed to them in this Chapter, except where the context clearly indicates a different meaning:
BUSINESS
Any business, trade, profession, occupation, vocation, or calling carried on for a profit, or open to the public and including all activities and any activities reasonably associated with the activities listed in Section 605.070(A) herein.
CONTRACTOR
Any person, firm, partnership, corporation, association, or other organization, or a combination of them, which undertakes to or offers to undertake to, or submits a bid to, or does himself/herself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development or improvement, or perform any work to build, erect, construct, improve, repair, remodel, expand or otherwise construct, reconstruct, alter any structure or permanent physical improvement on real property, or to do any part thereof, including the erection of scaffolding or other structure or works in connection therewith and includes subcontractor, electrical contractor, plumbing contractor, and special trade contractor, including acoustical, air conditioning, and heating insulation.
DEALER
Any person who sells, exposes or offers for sale any article.
LICENSEE
Any person who shall secure a license under the terms of this Chapter.
MERCHANT
Every person, except motor vehicle dealers as defined in Sections 150.010 to 150.015, RSMo., who shall deal in the selling of goods, wares and merchandise at any store, stand or place occupied for that purpose. Every person doing business in this City shall, as a practice in the conduct of such business, make or cause to be made any wholesale or retail sales of goods, wares and merchandise to any person, shall be deemed to be a merchant whether said sales be accommodation sales, whether they be made from a stock of goods on hand or by ordering goods from another source, and whether the subject of said sales be similar or different types of goods than the type, if any, regularly manufactured, processed or sold by said seller. "Merchant" shall include all merchants, commission merchants, grocers, manufacturers and dealers in drugs and medicines, except physicians for medicines used in their practice, whether trading as wholesale or retail dealers.
OCCUPATIONAL LICENSE
Any business license or contractor license issued under this Chapter.
PERSON
An individual, firm, corporation, partnership, association, or other legal entity.
REAL ESTATE AGENT
Any person who or which shall be employed to negotiate loans on real estate. "Real estate agent" includes any person who sells or aids in the sale of any real or personal property not belonging to such person and receives a commission or compensation for making or aiding in the making of such sale.
[R.O. 2009 §605.020; Code 1975 §52.210; CC 1985 §23-27; Ord. No. 20.25, 6-4-2020]
A. 
It shall be unlawful for any person to engage in any business within the City without first having obtained an occupational (business license or a contractor license) license.
1. 
Business License. A license required by any person engaging in business in the City not otherwise defined as a contractor.
2. 
Contractor Licenses. A license required by any firm, person, or corporation who meets the definition of a contractor under Section 605.010 of this Code.
[R.O. 2009 §605.030; CC 1985 §23-27.5; Ord. No. 89.12 §1, 5-18-1989; Ord. No. 93.39 §1, 8-5-1993; Ord. No. 03.06 §1, 3-20-2003; Ord. No. 09.06 §1, 2-5-2009; Ord. No. 15.80 §1, 10-1-2015; Ord. No. 17.84 §1, 12-21-2017; Ord. No. 20.25, 6-4-2020]
A. 
No occupational license shall be issued to any firm, person or corporation who shall be in arrears of payment of any debt to the City unless an acceptable payment plan has been approved by the City.
B. 
No occupational license shall be issued to any firm, person or corporation which will occupy or transact business on any property or in any structure when the property or structure is assessed a fee, charge or tax by the City and the lessor or owner of such property or structure is in arrears of payment of those fees, charges, taxes or any other debt to the City unless an acceptable payment plan has been approved by the City.
C. 
Evidence Of Workers' Compensation Insurance Prior To License Issuance. No occupational license required under the provision of this Section shall be issued by the City Clerk to any person until such person produces a copy of a certificate of insurance for Workers' Compensation coverage if the applicant for the license is required to cover his/her liability under Chapter 287, RSMo. It is further made a violation of this Chapter to provide fraudulent information to the City Clerk.
D. 
No occupational license required under the provisions of this Section shall be issued by the City Clerk to any person until such person produces a copy of a Missouri Sales Tax License issued by the State of Missouri listing Osage Beach as their place of business. It is further a violation of this Chapter to provide fraudulent information to the City Clerk.
1. 
Each applicant for an occupational license under this Article 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.
2. 
If applicant is not required to hold or maintain a Missouri Sales Tax License by the State of Missouri under Chapter 144, RSMo., the applicant shall execute and file with the City Clerk an affidavit stating the business activity that the applicant is pursuing within the City and that such activity is not subject to retail sales tax under Chapter 144, RSMo.
E. 
The City Administrator may waive the requirements of Subsections (C) and (F) for any firm, person or corporation if the firm, person or corporation:
1. 
Is a member of a recognized religious sect or division thereof and is an adherent of established tenets or teachings of such sect or division and therefore pursuant to those tenets and teachings the firm, person or corporation is conscientiously opposed to the acquisition of insurance benefits; and
2. 
Which qualifies under Section 287.804, RSMo., for a waiver of worker's compensation; and
3. 
Has filed an application for religious exemption from the provision of the Missouri Workers' Compensation Law pursuant to 8-CSR 50-2.020(1)(D)1.A and an employer's affidavit of exemption for workers' compensation benefits pursuant to 8-CSR 50-2.020(1)(D)l.C, and received the division's approval thereof.
Such firm, person, or corporation shall be required to establish irrevocable evidence of creditworthiness for the period of the contractor's license in the amounts required by 605.030(F).
F. 
Requirements For Contractor Licenses. No contractor license shall be issued to any firm, person or corporation without proof of general liability insurance in the form of a certificate of insurance providing for minimum limit of one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage. The certificate of insurance shall be dated within ninety (90) days of submission of the contractor license application or renewal application. Said coverage shall be kept in full force and effect for the duration of the contractor license.
[Ord. No. 20.25, 6-4-2020]
Any person, firm, corporation or partnership who shall engage in any business as defined in Section 94.270, RSMo., within the City limits of the City of Osage Beach, Missouri, without a valid business license as required by Section 605.010 shall, upon conviction, be punished by a fine/and or imprisonment as set forth in Chapter 100, Article III, of this Code. Each day that said violation continues after citation therefor shall be considered a separate offense and shall further be subject to the same penalties therefor.
[Ord. No. 20.25, 6-4-2020]
All applicants for a City business license shall be in good standing with the City on all other taxes and fees and in compliance with all ordinances of the City. Delinquent taxes and fees and non-compliance with any ordinances of the City shall be grounds for revocation of a City business license. Before any revocation of a City business license, the City Clerk shall mail certified mail, return receipt requested and U.S. postage paid a notice on intended revocation stating the reason for the proposed revocation and giving the holder of the license thirty (30) days to respond. If no response is received within the thirty (30) days, the license shall stand revoked. If a response is received, the City Administrator shall examine the reason for the proposed revocation and the response and may request more information or may revoke or deny the revocation according to the facts and the compliance of the license holder with the terms of all City ordinances and applicable State Statutes.
[R.O. 2009 §605.040; Code 1975 §52.220; CC 1985 §23-28]
A separate occupational license shall be obtained for each place of business conducted, operated, maintained or carried on by every person engaged in any occupation, calling, trade, or enterprise for which a license is required by ordinance.
[R.O. 2009 §605.050; Code 1975 §52.230; CC 1985 §23-29]
Whenever any applicant for any occupation license is engaged in more than one (1) occupation and business at the same address, such applicant shall make application for any occupation license for each business so engaged in.
[R.O. 2009 §605.060; Code 1975 §21.420(8); CC 1985 §23-30; Ord. No. 20.25, 6-4-2020]
The City Clerk shall prepare blank occupational licenses for all purposes for which licenses are required to be issued, and when required, shall cause the same to be issued, signing his/her name and affixing the Seal of the City thereto, and shall inform the City Collector of such licenses and the amount of the license tax thereon.
[R.O. 2009 §605.070; Code 1975 §§52.240, 57.110, 59.010, 60.240; CC 1985 §23-31; Ord. No. 09.06 §2, 2-5-2009; Ord. No. 10.44 §§1 — 2, 8-23-2010; Ord. No. 20.25, 6-4-2020; Ord. No. 25.40, 5-1-2025[1]]
A. 
Every person engaged in any of the following listed occupations, businesses, callings, pursuits, professions or trades, or in the keeping or maintaining of any institution in this Section specified and classified, shall procure from the City an occupational license. Unless otherwise specified, the fee for such license shall be sixty-five dollars ($65.00).
This schedule includes, but is not limited to, the following;
Airport
Ambulance service
Antique shop
Arts and crafts shop
Asphalt and rock, other road repair service, sand
Auction house
Automobile accessory dealer
Automobile dealer or agency (new or used cars or trucks)
Automobile repair shop (where parts are sold)
Automobile salvage yards
Bait and tackle store
Baker, retail
Banking institution
Barbershop (if merchandise of any kind is sold)
Beauty shop (if merchandise of any kind is sold)
Boat sales or repairs — marinas
Bookkeeping service (other than certified public accountant)
Bowling alley
Bread truck (if bread and bakery products are sold and delivered)
Buildings supply store
Business supply store
Butcher, retail
Carnival (per day)
Concrete or cement mixing, manufacturing or distributing plant
Confectionery store
Contractors
Dairy truck (if milk or other dairy products are sold and delivered)
Dance house
Delicatessen
Doctor or dentist, no fee
Druggist, retail
Electronic supply store
Excavating contractor
Exterminator
Florist
Grocery, retail
Hardware, retail
Hatchery
Heavy equipment sales and service
Hospital
Hotel
Ice cream parlor
Ice cream truck (if merchandise is sold and delivered)
Ice dealer
Installment agency (an installment agency is defined to be any person who conducts or carries on the business of selling goods, wares, merchandise on weekly or monthly payments)
Insurance agency maintaining an office in the City
Junk dealer
Kennel
Landscaping service
Laundromat
Light industry
Liquor store or tavern
Lumber dealer
Lunch stand or counter
Manufacturer
Massage establishment
Masseuse or massage therapist
Medical marijuana cultivation facilities
Medical marijuana dispensary facilities
Medical marijuana-infused products manufacturing facilities
Medical marijuana testing
Merchant, retail
Miniature golf course
Motel or motor hotel (where merchandise of any kind is sold)
Movers
Moving picture show or drive-in theater
Nursery stock, retail
Oil station, retail
Optical, retail
Peanut and popcorn stand
Pigeon, squab, pheasant and rabbit farm
Poultry dealer
Produce dealer
Produce stand and/or truck (except farmers selling their own produce)
Radio and TV repair shop (if merchandise or parts are sold)
Radio and TV transmission, service or repair
Real estate broker maintaining an office in the City
Real estate agent maintaining an office in the City, who is not affiliated with a real estate broker maintaining an office in the City who shall have obtained a license under this Section
Recreational facility or shop (where goods or services are sold)
Resort
Restaurant and cafe
Secondhand store
Septic tank sales/service/cleaning
Shoe repair shop (if merchandise of any kind is sold)
Skating rink
Soft drink stand
Solid waste haulers: per applicant, per vehicle
Tailor (if merchandise is sold)
Tree services
Tin or jewelry shop
Travel agency
Truck or vehicle doing contract hauling
Wholesale house.
B. 
In consideration for the rights, privileges and permit hereby granted, and as compensation to the City for the use of its public ways and placed by cable TV, and in lieu of all occupation and license taxes, cable TV shall, on or before the last day of January in each year in which this permit is effective, pay to the City a sum equal to two percent (2%) of the gross subscriber receipts from the sale of community antenna television service within the then existing corporation limits and the City from all consumption for the preceding 12-month period ending on the last day of December. This Subsection shall not be interpreted to preclude the City from charging cable TV for regular permits and licenses, including, but not limited to, building permits, electrical permits or paying out fees.
[1]
Editor's Note: This ordinance shall be in full force and effect for business licenses for the year 2026 and contractor licenses for year 2025 upon approval by the Mayor.
[Ord. No. 13.14 §1, 3-8-2013]
In addition to the annual business license renewal fee, any license fee unpaid thirty (30) days after it becomes due and payable as set forth in Section 605.070 shall be subject to a penalty in the amount of five percent (5%) of the amount due on the license with an additional five percent (5%) for each additional month or fraction thereof during which such failure continues, not to exceed twenty-five percent (25%) in the aggregate. For good cause shown, the City Administrator may waive the penalty imposed in this Section.
[R.O. 2009 §605.080; Code 1975 §§52.240, 52.280, 52.310; CC 1985 §23-32; Ord. No. 20.25, 6-4-2020]
A. 
All business licenses except as otherwise specifically provided for by ordinance shall be issued as of May 1 of the current year and shall expire on April 30 of the following year. No license shall be issued for more than one (1) year. A license shall become void in the event the licensee shall cease engaging in the City in the licensed business.
B. 
All contractor licenses except as otherwise specifically provided for by ordinance shall be issued as of January 1 of the current year and shall expire on December 31 of the year. No licenses shall be issued for more than one (1) year.
[R.O. 2009 §605.090; Code 1975 §52.270; CC 1985 §23-33; Ord. No. 20.25, 6-4-2020]
A. 
A business or contractor license shall:
1. 
Bear the date of issuance;
2. 
Recite the name of the person to whom issued and the fact that it is a business or contractor license;
3. 
Be signed by the Mayor and the City Clerk;
4. 
Bear the Seal of the City; and
5. 
Otherwise be in the form to be designated by the Board of Aldermen.
6. 
The license must be displayed in a public place at the location licensed.
[R.O. 2009 §605.100; Code 1975 §52.290; CC 1985 §23-34; Ord. No. 20.25, 6-4-2020]
A. 
No occupational license shall be assigned or transferred, and no license shall be held to authorize the conduct of the designated business at more than one (1) location in the City at the same time. A licensee may have his/her license amended to authorize conduct of the same business at a different location. The amendment must be approved by the Board of Aldermen.
B. 
A separate license shall be obtained for each place of business conducted, operated, maintained, or carried on by every person engaged in any business for which a license is required by this Code. The City Clerk's office shall be notified of any change of address or such place of business within one (1) week of any such change. Nothing contained in this Section shall be deemed to require the holder of a business license to obtain another license for the purpose of being an exhibitor at a trade show within the City.
[R.O. 2009 §605.110; Code 1975 §53.020; CC 1985 §5-26; Ord. No. 14.44 §§1 — 2, 9-4-2014; Ord. No. 17.27 § 1, 4-6-2017]
"Special event" means any festival, concert, exhibition, or show the attendance of which may be expected to exceed one hundred (100) persons which is scheduled to be staged, operated and run continuously for a period exceeding three (3) hours and where the expected attendance exceeds the available parking spaces for the property and/or requires traffic control from the Osage Beach Police Department. When an event requires street closure or if the sale and consumption of alcoholic beverages will be present at the event the applicant must comply with Section 600.075, Temporary Outdoor Consumption of Alcohol. When an event such as a parade or processions requires street closure, the applicant must comply with Section 340.050, When Permits Required For Parades And Processions.
[R.O. 2009 §605.120; CC 1985 §5-27; Ord. No. 14.44 §§1 — 2, 9-4-2014; Ord. No. 17.27 § 1, 4-6-2017]
Except as otherwise provided in this Article, the Police Chief and/or the City Administrator shall enforce this Article.
[R.O. 2009 §605.130; Code 1975 §§53.010, 53.030; CC 1985 §5-36; Ord. No. 14.44 §§1 — 2, 9-4-2014; Ord. No. 17.27 § 1, 4-6-2017]
A. 
It shall be unlawful for any person, firm, corporation or the agents thereof, to conduct, stage, organize and operate any event to be held in any street, house or place in the City without a permit from the Police Chief and/or the City Administrator.
B. 
It shall be unlawful for any promoter to allow, permit, encourage, promote, organize or advertise any event unless a valid City permit is obtained therefor. A separate permit shall be required for each event, concert, exhibition or show.
[R.O. 2009 §605.140; Code 1975 §§53.050 — 53.060; CC 1985 §5-37; Ord. No. 14.44 §§1 — 2, 9-4-2014; Ord. No. 17.27 § 1, 4-6-2017]
A. 
The permit application shall be made in a form substantially similar to the attached Exhibit A,[1] and the Police Chief and the City Administrator shall have the authority to amend the form as they deem necessary.
[1]
Editor's Note: Exhibit A is on file in the Clerk's office.
B. 
All applications under this Section shall be filled out and turned in ninety (90) days in advance of the date of the proposed event, although the Police Chief and the City Administrator shall have the authority to waive this requirement when they both agree.
[R.O. 2009 §605.150; Code 1975 §53.040; CC 1985 §5-38; Ord. No. 14.44 §§1 — 2, 9-4-2014; Ord. No. 17.27 § 1, 4-6-2017]
A. 
An application for a permit for an event shall be conditionally approved or denied within twenty (20) days after the application has been filed. If the application for the permit is not approved and the permit is denied, the denial shall be in writing and shall specify the reasons for the denial. If, in the opinion of the Police Chief and/or the City Administrator, public safety requires additional measures, facilities or personnel, including, but not limited to, additional officers, stationing an ambulance and crew or a fire truck and crew at the event, the Police Chief and/or the City Administrator may condition the approval of the permit on the provision of those requirements at the expense of the sponsor of the event.
B. 
The permit shall be denied if the Police Chief and/or the City Administrator determines that the event:
1. 
Will endanger the public health and safety;
2. 
Will cause unreasonable traffic congestion;
3. 
Will not have adequate sanitation; or
4. 
Will not have adequate security.
C. 
The decision of the Chief of Police and/or the City Administrator shall be final.
[R.O. 2009 §605.180; CC 1985 §5-41; Ord. No. 90.15 §1, 5-17-1990; Ord. No. 14.44 §§1 — 2, 9-4-2014; Ord. No. 17.27 § 1, 4-6-2017]
The applicant shall file with the City at the time of application proof of general liability insurance insuring the event. The City shall be listed as additionally insured with a 30-day notice of cancellation on such policy. The policy shall be in an amount determined by the Police Chief and/or the City Administrator as sufficient to protect the City's assets and liability, but in no event less than one million dollars ($1,000,000.00) or greater than two million dollars ($2,000,000.00). If the Police Chief and/or the City Administrator determine that two million dollars ($2,000,000.00) is insufficient to protect the City's assets and liability, the matter shall be referred to the Board of Aldermen at its next meeting.
[R.O. 2009 §605.190; Code 1975 §53.070; CC 1985 §5-42; Ord. No. 14.44 §§1 — 2, 9-4-2014; Ord. No. 17.27 § 1, 4-6-2017]
An event permit shall not be sold, assigned, transferred or disposed of in any manner.
[R.O. 2009 §605.200; Code 1975 §53.070; CC 1985 §5-43; Ord. No. 14.44 §§1 — 2, 9-4-2014; Ord. No. 17.27 § 1, 4-6-2017]
A permit holder under this Article shall be liable for any unlawful acts committed at the event, whether or not they are performed by the permit holder.
[R.O. 2009 §605.210; Ord. No. 97.18 §1, 4-3-1997; Ord. No. 14.44 §§1 — 2, 9-4-2014; Ord. No. 17.27 § 1, 4-6-2017]
The Police Chief and/or the City Administrator may, upon receipt and review of the application, waive or reduce the requirements of Section 605.160, and the time requirements of Sections 605.140 and 605.150. In making the decision to waive the requirements, the Police Chief and/or the City Administrator may use such factors as previous experience with the applicant, references, and other matters which may be pertinent.