[CC 1979 §41.010]
Required, Generally. It shall be unlawful for
any person, either directly or indirectly, to conduct any business
or to use in connection therewith any vehicle, premises, machine or
device for which a license is required by this Chapter without the
license so required having been first procured and thereafter kept
in effect at all such times required by this Code or other ordinance.
[CC 1979 §41.110]
Every person required to have a license shall submit an application
to the City License Officer by a written statement upon forms provided
by the City License Officer, which shall disclose all information
which the City License Officer shall find to be reasonably necessary
to the fair administration of this Chapter, and which shall be accompanied
by a receipt from the City Collector for the full amount of the fees
chargeable for such license, which receipt shall not be construed
as approval for the issuance of a license nor shall it entitle or
authorize the applicant to open or maintain any business contrary
to this Chapter.
[CC 1979 §41.170]
A. The fees
for licenses required under this Chapter shall be as established from
time to time by ordinance of the Board of Aldermen and on file in
the office of the City Clerk.
1. All
licenses shall be issued for a period of one (1) year and shall expire
on the thirtieth (30th) day of June of the year following their issuance
regardless of what month of the year they may be issued; provided,
that for any license issued after the thirty-first (31st) day of December,
the charge therefor shall be one-half (½) the yearly license
fee.
2. The fee for a business or occupation or license shall be the sum
of thirty dollars ($30.00) per year, and this amount may, from time
to time, be changed by ordinance of the Board of Aldermen.
[Ord. No. 376, 11-12-2012; Ord. No. 386, 5-13-2013]
[CC 1979 §41.100]
Taxes and fees required by this Chapter to be paid by any person
shall be payable to the City Collector who shall issue a proper receipt
to each person making any such payment.
No license issued under the provisions of this Chapter shall
be assignable or transferable but shall apply only to the person to
whom same is issued. In the event any licensee, as provided for herein,
shall move his/her place of business from one location to another
location within the City, said licensee shall submit a statement of
the fact of such change to the City License Officer, who may transfer
such license as to location only. In no event, however, shall such
license be transferred from one (1) person to another or from the
kind of business or occupation originally licensed to another type
of business or occupation.
[CC 1979 §41.120]
A. All applications
for renewal of a license provided for herein shall be filed no later
than June first (1st) of each year.
B. Any applicant
for the renewal of a license under this Chapter shall submit an application
therefor to the City License Officer upon forms provided by the City
License Officer, which shall include such information which he/she
shall find to be reasonably necessary to the fair administration of
this Chapter and information as to the conduct and operation of his/her
business during the preceding licensing period.
[CC 1979 §41.130]
The City License Officer shall refund upon disapproving any
application, direct the City Collector to refund all money paid in
advance; provided, the applicant is not otherwise indebted to the
City. When the issuance of a license is refused and any action or
proceeding is brought by the applicant to compel its issuance, such
applicant shall not engage in the business for which the license was
refused.
[CC 1979 §41.020]
For each business required by this Chapter to be licensed, a
separate license shall be obtained. A person engaged in two (2) or
more businesses at the same location shall not be required to obtain
a separate license for each business but, when eligible, shall be
issued one (1) license which shall specify on its face all such businesses.
[CC 1979 §41.030]
When any person engages in two (2) or more businesses at the same location, under one (1) license as authorized in Section
605.063, he/she shall pay a license fee equal to the sum of all the fees for each business so licensed.
[CC 1979 §41.040]
Except as may be provided otherwise in this Chapter, a person
shall be deemed to be in business within the meaning of this Chapter
when he/she is selling any goods or service, soliciting business,
or offering goods or service for sale or hire, or using any vehicle
or premises in the City for business purposes.
[CC 1979 §41.050]
A. A license
shall be required of every business, when the same be reasonably within
the intention of the legislature of this State in the enactment of
Section 94.270, RSMo., and other State Statutes.
B. The City
License Officer shall make the initial determination whether any particular
business, activity, occupation, vocation or service shall be covered
within this requirement. Such determination by the City License Officer
be final and binding on persons affected thereby, unless and until
such determination is held unreasonable or invalid by a court of competent
jurisdiction.
[CC 1979 §41.060]
The local agents or other representatives of non-residents who
are doing business or engaging in non-profit enterprises in this City
shall be personally responsible for the compliance of their principals
and of the businesses and enterprises they represent with all applicable
provisions of this Chapter.
[CC 1979 §41.070]
Except as may be provided otherwise by this Chapter, no license
shall be required of any person for any mere delivery in the City
of any property purchased or acquired in good faith from such person
at his/her regular place of business outside the City where no intent
by such person is shown to exist to evade the provisions of this Chapter.
Each license issued by the City under the provisions of this
Chapter shall be carefully preserved and shall be displayed in a conspicuous
place in the place of business authorized to be conducted by said
license. If there is no place of business, said license shall be carried
on the licensee's person.
The provisions of this Chapter shall under no circumstances
be construed to require a license or a license fee for any business,
occupation, pursuit or profession for which the City may be prohibited
by law from licensing or requiring a fee for said license.
[CC 1979 §41.080]
The City Collector shall be the City License Officer and shall
issue in the name of the City all licenses required by this Chapter,
to all qualified applicants therefor, when all required taxes and
fees have been paid in accord with the provisions of this Chapter.
[CC 1979 §41.090]
A. The City
License Officer, in issuing licenses required by this Chapter, shall:
1. Promulgate
such rules and regulations as he/she may consider desirable for the
administration of this Chapter. When approved by the Mayor, such rules
and regulations shall be placed on file in the office of the City
Clerk for inspection and use by the public, and the provisions thereof
shall be enforced by him/her;
2. Adopt
all forms and prescribe the information to be given therein as to
character of applicant's business and other relevant matter for all
necessary papers:
3. Require
applicants to submit all affidavits and oaths necessary to the administration
of this Chapter;
4. Submit
all applications, in each proper case, to interested City Officials
for their endorsements thereon as to compliance by the applicant with
all City ordinances which they have the duty of enforcing;
5. Investigate
and determine the eligibility of any applicant for a license or permit
or renewal thereof, as prescribed in this Chapter;
6. Notify
any applicant of the acceptance or rejection of his/her application
and, upon refusal of any license or permit and at the applicant's
request, state in writing the reasons therefor and deliver them to
the applicant.
[CC 1979 §41.150]
The City License Officer, and all other City Officers and Officials
who may be officially concerned with administering and enforcing this
Chapter, shall keep all information furnished or secured under the
authority of this Chapter in strict confidence. Such information shall
not be subject to public inspection and shall be kept so that the
contents thereof shall not become known, except to the persons charged
with the administration of this Chapter; provided, that this Section
shall not prohibit any City Officer from testifying as to such information
in compliance with a subpoena issued under a court of competent jurisdiction
or from the Board of Aldermen in any proceeding before it.
A. Any license
issued by the City pursuant to the provisions of this Chapter may
be revoked by the Board of Aldermen for any of the following reasons,
as well as for any other reasons specified in this Chapter:
1. Any
failure to comply with or any violation of any provisions of this
Chapter, or any other ordinance of the City regulating the business,
occupation or activity licensed, or the Statutes of the State of Missouri
by any licensee.
2. Violation
of the terms and conditions upon which the license was issued.
3. Failure
of the licensee to pay any tax or obligation due to the City.
4. Any
misrepresentation or false statement in the application for a license
required herein.
5. Failure
to display the license required herein.
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Revocation of any license shall be in addition to any other
penalty or penalties which may be imposed pursuant to these provisions.
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A. In any
case in which a complaint has been made to the Board of Aldermen,
or in which the Board of Aldermen have on their own determined that
cause may exist for the revocation of a license under the provisions
of this Chapter, the following procedures shall be followed:
1. The
Board of Aldermen shall set a date for a hearing to consider the question
of revocation.
2. At least
fifteen (15) days prior to said hearing, written notice shall be mailed
to the licensee, by registered mail, return receipt requested, to
his/her last known address as shown in the records of the City Clerk
advising the licensee of the time, date and place of hearing and of
the reason for considering the revocation of his/her license.
3. During
the pendency of this hearing before the Board of Aldermen, the licensee
shall be permitted to continue the operation of his/her business.
4. At the
hearing set by the Board of Aldermen, the Board of Aldermen shall
hear all relevant and material evidence justifying the retention of
the license.
5. The
licensee may be present in person and/or by his/her attorney and may
present evidence.
6. After
hearing the evidence presented, the Board of Aldermen shall vote on
the issue of whether the subject license shall be revoked.
7. The
affirmative vote of a majority of the Board of Aldermen shall be necessary
to revoke any license.
Any person, firm or corporation or co-partnership who shall
violate any provision of this Chapter, or who shall exercise or attempt
to exercise any of the occupations, trades or avocations, or who shall
carry on, or engage in, or attempt to carry on or engage in any of
the businesses for which a license is required in this Chapter in
the City of Diamond, without first paying the tax herein levied, and
obtaining a license therefor, shall, upon conviction, be deemed guilty
of an ordinance violation and shall be punished by a fine of not less
than twenty-five dollars ($25.00) nor more than five hundred dollars
($500.00). In addition to the above penalties, any person, firm or
corporation or co-partnership who is required to take out a license,
or any such person whose license has expired and notice has been given
by the City License Officer, shall, if not paid within thirty (30)
days after such tax is due pursuant to said notice, pay a penalty
of twenty dollars ($20.00), and for every thirty (30) days thereafter,
twenty dollars ($20.00) shall be added as a penalty, until the party
required to take out such license shall have complied with the provisions
regulating licenses in this Chapter. This penalty shall be collected
with the license by the City License Officer and paid to the City
of Diamond.