State Law Reference: Cities of the
Third Class authorized to license, regulate, etc., certain businesses,
and occupations, § 94.110, RSMo.
[R.O. 1992 § 605.010; Ord. No. 4562 § 1, 5-19-1975; Ord. No. 23-13755, 4-17-2023]
A.
It
shall be unlawful for any person, either directly or indirectly, to
conduct any business, trade, vocation, calling or occupation in whole
or in part for which a license or permit is required by this Code
without the license or permit so required having been first procured
and thereafter kept in effect after all such times as required by
this Code or Chapter.
B.
Any
license issued by the Business License Clerk pursuant to the provisions
of this Chapter may be revoked by the City for any of the following
reasons:
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; or
2.
Violation of the terms and conditions upon which the license was
issued; or
3.
Failure of the licensee to pay any tax or obligation due to the City;
or
4.
Any misrepresentation or false statement in the application for a
license required herein; or
5.
Failure to display the license required herein.
C.
Upon
a complaint made to the Business License Clerk by the City Administrator,
City Counselor, or other appropriate City Official stating that cause
exists for the revocation of a business license, any business license
issued by the City pursuant to this Chapter may be revoked by the
following procedure:
1.
The City Clerk shall set a hearing to consider the question of revocation;
2.
At least ten (10) days prior to the date of the hearing, a written
notice shall be mailed to the licensee at his/her last known address
as shown in the records of the City advising the licensee of the date,
time, and place of the hearing and reasons for considering revocation
of the license;
3.
At the hearing set by the City Clerk, the licensee shall have an
opportunity to be heard by the Business License Clerk and the Business
License Clerk shall consider all evidence relevant to grounds for
revocation of the license;
4.
Upon conclusion of the hearing, if the Business License Clerk determines,
by a preponderance of the evidence, that grounds for revocation of
the license exists, the Business License Clerk shall revoke the business
license.
D.
Revocation
of any license shall be in addition to any other penalty or penalties
which may be imposed pursuant to these provisions.
E.
Reinstatement
of the license shall occur only in the event that any and all violations
are rectified and/or obligations are met.
[R.O. 1992 § 605.020; Ord. No. 4562 § 2, 5-19-1975]
[R.O. 1992 § 605.030; Ord. No. 4562 § 3, 5-19-1975]
The City License Officer shall make
an initial determination of whether or not any particular business
activity, occupation, solicitation or service shall be embraced within
the provisions of this Code. Such determination shall be reasonably
made based upon the generally accepted concept of each such activity,
occupation, solicitation or service with regard and the intention
of the General Assembly in the Amendment of Section 94.110, RSMo.,
and other applicable Sections of the Revised Statutes of Missouri;
except as may be provided otherwise in this Code, such determination
by the City License Officer shall be final and binding on all persons
affected thereby unless and until such determination is held invalid
by a court of competent jurisdiction.
A.
No person following for a livelihood the profession or calling of
minister of the gospel, duly accredited Christian Science practitioner,
teacher, professor in a college, priest, lawyer, certified public
accountant, dentist, chiropractor, optometrist, chiropodist, or physician
or surgeon in this City shall be taxed or made liable to pay any municipal
or other corporation tax or license fee of any description whatever
for the privilege of following or carrying on such profession or calling,
and after December 31, 2003, no investment funds service corporation
as defined in Section 143.451, RSMo., may be required to pay any such
license fee in excess of twenty-five thousand dollars ($25,000.00)
annually, any law, ordinance or Charter to the contrary notwithstanding.
B.
No person following for a livelihood the profession of insurance
agent or broker, veterinarian, architect, professional engineer, land
surveyor, auctioneer, or real estate broker or salesman in this City
shall be taxed or made liable to pay any municipal or other corporation
tax or license fee for the privilege of following or carrying on his/her
profession unless that person maintains a business office within the
City of Washington.
[R.O. 1992 § 605.040; Ord. No. 4562 § 4, 5-19-1975]
The local agents or other representatives
of non-residents who are doing business or engaged in non-profit enterprises
in this City shall be personally responsible for compliance, of principal
and of the businesses and enterprises they represent, with applicable
provisions of this Code.
[R.O. 1992 § 605.050; Ord. No. 4562 § 5, 5-19-1975]
Except as may be provided otherwise
by this Code, no license shall be required by any person for any mere
delivery of any person or property purchased or acquired from such
person at his/her regular place of business outside the City where
no intent by such person is shown to exist to pervade the provisions
of this Code.
[Ord. No. 23-13755, 4-17-2023]
A.
All applications for the licenses required herein shall be made to
the City Clerk on appropriate forms provided for that purpose by the
City. All licenses issued by the Business License Clerk shall be in
such form as is provided by the Business License Clerk; provided,
however, that such license shall bear the signature of the Mayor of
the City Council and the Business License Clerk, the date of issuance
thereof and the date of expiration, as well as any additional information
that may be required by the Business License Clerk.
B.
Each applicant for a business license under this Chapter where such
business will be selling goods at retail 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. 1992 § 605.070; Ord. No. 4562 § 7, 5-19-1975]
A person engaged in two (2) or more
businesses at the same location shall be required to obtain a separate
license for conducting each of such businesses but, when eligible,
shall be issued one (1) license which shall specify on its face all
of such businesses. The license fee shall be in addition to any other
applicable tax or fee required by any other Chapter of this Code.
[R.O. 1992 § 605.080; Ord. No. 4562 § 8, 5-19-1975]
When a licensee places himself/herself
in a new status, the City License Officer shall issue a supplemental
license and such additional insignia as may be required.
[R.O. 1992 § 605.090; Ord. No. 4562 § 9, 5-19-1975; Ord. No. 23-13755, 4-17-2023]
A duplicate license shall be issued
by the Business License Clerk to replace any license, or such permit
previously issued and which has been lost, stolen, defaced or destroyed.
[R.O. 1992 § 605.100; Ord. No. 4562 § 10, 5-19-1975]
Each licensee under this Chapter
who conducts business on or from licensed premises shall post and
maintain such license upon the licensed premises in a place where
it may be seen at all times.
[R.O. 1992 § 605.110; Ord. No. 4562 § 11, 5-19-1975]
Every licensee under this Chapter
who has no licensed business premises shall carry his/her license
on his/her person and shall display it to the City Officer having
authority to enforce this Chapter and the persons with whom he/she
transacts or seeks to transact business at their request.
[R.O. 1992 § 605.120; Ord. No. 4562 § 12, 5-19-1975]
Taxes and fees required by this Chapter
to be paid by any person shall be payable to the City Officer who
shall issue a proper receipt to each person making any such payment.
[R.O. 1992 § 605.130; Ord. No. 4562 § 13, 5-19-1975]
No license under provision of this
Chapter shall be granted for a longer or shorter term than the time
specified authorizing a license tax be levied and collected, and each
license shall terminate one (1) day, two (2) days or one (1) year,
as the case may be, from the day on which the same is issued, provided
that the term for all annual licenses shall be on July 1 in each year.
[R.O. 1992 § 605.140; Ord. No. 4562 § 14, 5-19-1975]
No license issued under the provision
of this Chapter shall be assigned or transferred; no money paid to
the City Officer for any such license shall be refunded by this City
or by any office thereof.
[R.O. 1992 § 605.150; Ord. No. 4562 § 15, 5-19-1975; Ord. No. 5621 § 1, 5-3-1982]
A.
No license or permit provided for or required
under this Code or any other ordinance of the City shall be issued
by the City to any person until the City personal property tax, merchants'
tax, real property tax, and all other taxes, charges, assessments,
or other debts to the City, whatsoever in nature, of the applicant
for such license or permit shall have first been paid.
B.
It shall be the duty of the City Officer
to establish and promulgate rules and regulations relative to an orderly
method of checking unpaid personal property taxes, merchants' taxes
and real property taxes in order to determine the amounts thereof
due and owing to the City by any such applicant.
[R.O. 1992 § 605.160; Ord. No. 4562 § 16, 5-19-1975; Ord. No. 5143 § 1, 11-6-1978; Ord. No. 5272 § 1, 8-20-1979; Ord. No. 5350 § 1, 4-7-1980; Ord. No. 5441 § 1, 1-5-1981; Ord. No. 5666 § 1, 7-5-1982; Ord. No. 7230, 6-15-1992; Ord. No. 8132 § 1, 2-17-1997; Ord. No. 97-8242 § 1, 9-2-1997; Ord. No. 98-8315 § 1, 1-20-1998; Ord. No. 98-8439 § 1, 8-17-1998; Ord. No. 98-8440 § 1, 8-17-1998; Ord. No. 03-9368 § 1, 6-2-2003; Ord. No. 23-13755, 4-17-2023]
A.
Pursuant to the authority granted by Section
94.110, RSMo., as amended, there is hereby levied, fixed and ordered
collected an annual license fee in the amount of sixty dollars ($60.00)
plus two dollars ($2.00) for each employee upon any person, either
directly or indirectly, conducting in whole or in part a business,
trade, vocation, calling or occupation.
B.
Pursuant to the authority granted by Section
94.110, RSMo., as amended, there is hereby levied, fixed and ordered
collected an annual license fee in the amount of one dollar ($1.00)
for each employee with a minimum license fee of seventy-five dollars
($75.00) upon any person, either directly or indirectly, conducting
in whole or in part a manufacturing business, trade, vocation, calling
or occupation.
C.
There is hereby levied, fixed and ordered
collected an annual business license fee in the amount of two percent
(2%) of the gross annual revenue produced by each outdoor advertising
structure within the City of Washington, Missouri.
[R.O. 1992 § 605.170; Ord. No. 4562 § 17, 5-19-1975; Ord. No. 05-9873 § 1, 10-3-2005]
For the purpose of this Chapter,
the term "employee" shall mean full-time and part-time employees and
independent contractors (who, in pursuit of an independent business,
undertake to perform a job or piece of work, retaining in himself/herself
control of means, method and matter of accomplishing the desired result
and whose principal place of business is at the same location as a
licensed establishment and who operate under the business name of
the licensed establishment).
[R.O. 1992 § 605.180; Ord. No. 4562 § 18, 5-19-1975; Ord. No. 19-12064, 7-15-2019]
Annual licenses are valid from July
1 through June 30 the following year. Applications submitted after
August 1 will be charged a pro-rated fee for the balance of the license
period.
