[R.O. 2006 §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:
Includes 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.
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
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.
Any person who sells, exposes or offers for sale any article.
Any person who shall secure a license under the terms of
this Chapter.
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 shall mean any business license or contractor
license issued under this Chapter.
Includes an individual, firm, corporation, partnership, association,
or other legal entity.
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. 2006 §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.
[R.O. 2006 §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 Section 605.030(C) and 605.030(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.
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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).
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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., 1986, 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 not to exceed five hundred dollars ($500.00) and/or imprisonment not to exceed ninety (90) days, or both such fine and imprisonment. 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. 2006 §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. 2006 §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. 2006 §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. 2006 §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]
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 fifty dollars ($50.00).
This schedule, includes, but is not limited to, the following;
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Airport;
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Ambulance service;
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Antique shop;
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Arts and crafts shop;
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Asphalt and rock, other road repair service, sand;
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Auction house;
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Automobile accessory dealer;
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Automobile dealer or agency (new or used cars or trucks);
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Automobile repair shop (where parts are sold);
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Automobile salvage yards;
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Bait and tackle store;
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Baker, retail;
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Banking institution;
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Barbershop (if merchandise of any kind is sold);
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Beauty shop (if merchandise of any kind is sold);
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Boat sales or repairs — marinas;
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Bookkeeping service (other than certified public accountant);
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Bowling alley;
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Bread truck (if bread and bakery products are sold and delivered);
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Buildings supply store;
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Business supply store;
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Butcher, retail;
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Carnival (per day);
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Concrete or cement mixing, manufacturing or distributing plant;
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Confectionery store;
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Contractors;
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Dairy truck (if milk or other dairy products are sold and delivered);
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Dance house;
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Delicatessen;
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Doctor or dentist, no fee;
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Druggist, retail;
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Electronic supply store;
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Excavating contractor;
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Exterminator;
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Florist;
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Grocery, retail;
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Hardware, retail;
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Hatchery;
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Heavy equipment sales and service;
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Hospital;
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Hotel;
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Ice cream parlor;
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Ice cream truck (if merchandise is sold and delivered);
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Ice dealer;
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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);
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Insurance agency maintaining an office in the City;
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Junk dealer;
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Kennel;
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Landscaping service;
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Laundromat;
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Light industry;
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Liquor store or tavern;
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Lumber dealer;
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Lunch stand or counter;
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Manufacturer;
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Massage establishment;
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Masseuse or massage therapist;
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Medical marijuana cultivation facilities;
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Medical marijuana dispensary facilities;
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Medical marijuana-infused products manufacturing facilities;
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Medical marijuana testing;
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Merchant, retail;
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Miniature golf course;
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Motel or motor hotel (where merchandise of any kind is sold);
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Movers;
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Moving picture show or drive in theater;
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Nursery stock, retail;
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Oil station, retail;
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Optical, retail;
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Peanut and popcorn stand;
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Pigeon, squab, pheasant and rabbit farm;
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Poultry dealer;
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Produce dealer;
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Produce stand and/or truck (except farmers selling their own
produce);
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Radio and TV repair shop (if merchandise or parts are sold);
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Radio and TV transmission, service or repair;
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Real estate broker maintaining an office in the City;
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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;
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Recreational facility or shop (where goods or services are sold);
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Resort;
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Restaurant and cafe;
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Secondhand store;
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Septic tank sales/service/cleaning;
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Shoe repair shop (if merchandise of any kind is sold);
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Skating rink;
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Soft drink stand;
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Solid waste haulers: per applicant, per vehicle;
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Tailor (if merchandise is sold);
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Tree services;
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Tin or jewelry shop;
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Travel agency;
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Truck or vehicle doing contract hauling;
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Wholesale house.
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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 twelve
(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.
[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. 2006 §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 first (1st) of the current year
and shall expire on April thirtieth (30th) 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 first (1st) of the current
year and shall expire on December thirty-first (31st) of the year.
No licenses shall be issued for more than one (1) year.
[R.O. 2006 §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. 2006 §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.
