City of Oronogo, MO Licenses and Occupational Taxes

It shall be unlawful for any person, either directly or indirectly, to conduct any business within the corporate limits of the City of Oronogo 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 as required by this Code or other ordinance.

Business licenses shall be in effect from July first (1st) to June thirtieth (30th) of each year. The City Clerk is directed to mail to all such businesses, in June of each year, notice of the requirement to renew business licenses. Failure of the City Clerk to send such notice to a business shall not obviate the need for any such person who is required to have a license under this Code to obtain such license.

City licenses are due on July first (1st). Failure to obtain such license within thirty (30) days of the due date shall be deemed a violation of this Code.

All contractors who perform work in the City of Oronogo shall obtain the appropriate business license and shall require any subcontractors on any such job to obtain an appropriate license. In addition to the fees required by this Chapter, a contractor and subcontractor shall provide proof of a certificate of insurance for Workers' Compensation coverage if the applicant is required to cover his or her liability under Chapter 287, RSMo.

The Chief of Police or his/her designee, or the City Building Inspector or his/her designee, may at any time request to see a City business license. Failure to produce proof of such license shall be deemed to be a violation of this Code.

Section 605.015 License Application and Issuance.

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 City Clerk shall be in such form as is provided by the Board of Aldermen; provided however, that such license shall bear the signature of the Mayor of the Board of Aldermen and the City Clerk, the date of issuance thereof and the date of expiration, as well as any additional information that may be required by the Board of Aldermen.

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.

Section 605.020 Separate License Required For Each Business—Exception.

[CC 1994 §54.020; Ord. No. 94.10, 5-16-1994]

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.

Section 605.030 More Than One Business At Same Location.

[CC 1994 §54.030; Ord. No. 94.10, 5-16-1994]

When any person engages in two (2) or more businesses at the same location, under one (1) license as authorized in Section 605.020(1), he/she shall pay a license fee equal to the sum of all the fees for each business so licensed.

Section 605.040 When Person Is in Business.

[CC 1994 §54.040; Ord. No. 94.10, 5-16-1994]

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.

Section 605.050 When License Is Required.

[CC 1994 §54.050; Ord. No. 94.10, 5-16-1994]

Except as provided in Subsection (B), 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.

The City Clerk 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 Clerk shall be final and binding on persons affected thereby, unless and until such determination is held unreasonable or invalid by a court of competent jurisdiction.

Persons Not To Be Charged For Business License.

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.

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 Oronogo.

Section 605.060 Local Representative Responsible For Compliance By Principals.

[CC 1994 §54.060; Ord. No. 94.10, 5-16-1994]

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.

Section 605.070 License Not Required For Delivery of Purchases Made Beyond City.

[CC 1994 §54.070; Ord. No. 94.10, 5-16-1994]

Except as may be provided otherwise by this Code, 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.

Section 605.080 City Clerk is License Officer.

[CC 1994 §54.080; Ord. No. 94.10, 5-16-1994]

The City Clerk shall be the City Business License Officer and shall issue in the name of the City all licenses required by this Chapter, to all qualified applicants therefore, when all required taxes and fees have been paid in accord with the provisions of this Chapter.

Section 605.090 City Clerk is License Officer — Powers and Duties.

[CC 1994 §54.090; Ord. No. 94.10, 5-16-1994]

The City Clerk, in issuing licenses required by this Chapter, shall:

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;

Require applicants to submit all affidavits and oaths necessary to the administration of this Chapter;

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;

Investigate and determine the eligibility of any applicant for a license or permit or renewal thereof as prescribed in this Chapter;

Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this Chapter; and

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 therefore and deliver them to the applicant.

Section 605.100 To Whom Taxes and Fees Paid.

[CC 1994 §54.100; Ord. No. 94.10, 5-16-1994]

Taxes and fees required by this Chapter to be paid by any person shall be payable to the City Clerk who shall issue a proper receipt to each person making any such payment.

Section 605.110 Application — Renewal.

[CC 1994 §54.120; Ord. No. 94.10, 5-16-1994]

Any applicant for the renewal of a license under this Chapter shall submit an application therefore to the City Clerk upon forms provided by the City Clerk, 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.

Section 605.120 Application — Refunds Upon Disapproval.

[CC 1994 §54.130; Ord. No. 94.10, 5-16-1994]

The City Clerk shall, 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.

Section 605.130 Appeal.

[CC 1994 §54.140; Ord. No. 94.10, 5-16-1994]

An appeal may be had from any decision of the City Clerk in granting or denying a City business license. An application for appeal shall be filed with the City Clerk within fourteen (14) days of a decision adverse to the one requesting an appeal. The Board of Aldermen shall hear the appeal within thirty (30) days of filing of the application for an appeal hearing.

Section 605.140 Confidentiality of Information.

[CC 1994 §54.150; Ord. No. 94.10, 5-16-1994]

The City Clerk, 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.

Section 605.150 Posting or Display of License.

[CC 1994 §54.160; Ord. No. 94.10, 5-16-1994]

Every licensee under this Chapter shall post and maintain his/her license upon the premises in a place where it may be seen at all times. Every licensee under this Chapter who does not have licensed business premises shall carry his/her license on his/her person and shall display it to City Officers having authority to enforce this Chapter and to persons with whom he/she transacts business at their request.

Section 605.160 Fees Generally.

[CC 1994 §54.170; Ord. No. 94.10, 5-16-1994]

The fees for licenses required under this Chapter shall be established from time to time by ordinance of the Board of Aldermen and on file in the office of the City Clerk.

Section 605.170 License Fees.

[CC 1994 §54.180; Ord. No. 05.06, 4-11-2005]

Schedule of license fees and classification of occupations, except as otherwise indicated herein, the annual schedules of license fees and classifications of occupation, trades, pursuits, business and vocations shall be as follows:

1.	Ambulance		$50.00
2.	Billiard and pool (per table)		$5.00
3.	Domino parlor (per table)		$5.00
4.	Bowling alley (per alley)		$5.00
5.	Apartment house, mobile home rentals		$50.00
	+ $2.00 per trailer
6.	Automobile (used car)		$25.00
7.	Billposters		$20.00
8.	Barbershop		$10.00
9.	Beauty shop		$10.00
10.	Cleaning and pressing		$20.00
11.	Coal and wood dealers		$20.00
12.	Coin-operated devices
	a.	Operator's license for pinball machine	$10.00
	b.	Coin-operated machines including music amusement devices, vending machines mechanical merchandise, vending compartment device units, weighing devices	$10.00
13.	Contractors
	a.	General, electric, plumbing	$25.00
	b.	Subcontractors	$15.00
14.	Garage		$25.00
15.	Ice cream stand		$25.00
16.	Ice dealer retail		$5.00
17.	Insurance agency (office within City)		$25.00
18.	Insurance companies or their representatives (office within City)		$25.00
19.	Junk and salvage dealers		$30.00
20.	Laundries		$25.00
21.	Manufacturers
	Every person who shall hold or purchase personal property for the purpose of adding to the value by any process of manufacturing, refining or by combination of different materials or shall purchase and sell manufactured articles such as he/she manufactures or uses in manufacturing is a manufacturer.
	a.	Stock on hand of $1,000.00 or less	$25.00
	b.	Stock on hand of $1,000.00 to $5,000.00	$30.00
	c.	Stock on hand of over $5,000.00	$35.00
22.	Merchants retail
	Every person who shall deal in the selling to others at retail, wholesale, or for the purpose of resale any goods, wares or merchandise in any store, stand, or place of business occupied for that purpose within the City is hereby declared to be a merchant.
	a.	Stock on hand of $3,000.00 or less	$25.00
	b.	Stock on hand of $3,000.00 to $6,000.00	$30.00
	c.	Stock on hand of $6,000.00 to $9,000.00	$35.00
	d.	Stock on hand of $9,000.00 to $12,000.00	$40.00
	e.	Stock on hand of $12,000.00 to $15,000.00	$45.00
	f.	Stock on hand of $15,000.00 and over	$50.00
23.	Peddlers (per day)		$10.00
24.	Loan agencies and banks		$50.00
25.	Pest control		$15.00
26.	Photographers (transient)		$25.00
27.	Publishing establishments, including newspapers		$25.00
28.	Public utilities
	a.	Telephone	5% of gross receipts
	b.	Gas	5% of gross receipts
	c.	Electric	4% of gross receipts
29.	Real estate agent (office within City)		$25.00
30.	Restaurants		$25.00
31.	Septic tank cleaning		$25.00
32.	Sewing machine agent and dealers
	a.	Per day	$1.00
	b.	Per year	$10.00
33.	Shows
	a.	Circus (per day)	$25.00
	b.	Tent show (per day)	$25.00
	c.	Carnival (per week)	$50.00
		(As to regulations concerning the erection and use of tents, §615.005)
	d.	City Sponsored Special Events [Ord. No. 16-26 §1, 8-8-2016]	$25.00
		All vendors at such event shall be required to have a City business, but there shall be no additional fee to any such vendor who participates at the event. Any vendor serving food not in its original package shall be required to comply with all applicable County health regulations.
34.	Taxidermist		$25.00
35.	Collection agency		$25.00
36.	Mail order		$50.00
37.	Recreation park		$15.00
	a.	Snack bar	$20.00
38.	Car wash		$25.00
39.	Sign painter		$10.00
40.	Undertaker		$30.00
41.	Welders		$20.00
42.	Plumber		$25.00
43.	Video store		$25.00
Any business not listed will be set by the Mayor and Board at twenty-five dollars ($25.00).

Section 605.180 Revocation of License — Grounds.

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:

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

Violation of the terms and conditions upon which the license was issued; or

Failure of the licensee to pay any tax or obligation due to the City; or

Any misrepresentation or false statement in the application for a license required herein; or

Failure to display the license required herein.

Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.

Section 605.190 Revocation of License — Procedure.

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:

The Board of Aldermen shall set a date for a hearing to consider the question of revocation.

At least ten (10) 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.

During the pendency of this hearing before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.

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.

The licensee may be present in person and/or by his/her attorney and may present evidence.

After hearing the evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked.

The affirmative vote of a majority of the Board of Aldermen shall be necessary to revoke any license.

Section 605.200 Penalty and Delinquency.

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 Oronogo 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 as specified in Section 100.220 of this Code.

Section 605.210 Electrician’s License Required.

[Ord. No. 18-39, 9-10-2018]

Except as otherwise provided in this Section, no person shall do electrical work of any kind, install any wiring or agree to do any electrical or wire installation either by contract or on a time-and-wage basis or by employment of some other person who is not a duly licensed electrician to do the work, or assume to direct or supervise any electrical or wiring work in the City unless he/she shall then hold any unrevoked electrician’s license issued to him/her by the City, as provided in this Chapter. Any electrician who possesses a “certificate of competence” issued by this City shall not contract to perform electrical work in this City unless also currently licensed as an electrician.

In order to become a duly licensed electrician, a person must first obtain a certificate of competency from the Electrical Board as a journeyman electrician, unless such person is presently licensed in good standing with a City with which this City has a reciprocal licensing agreement.

A person who is not a licensed electrician, but who is employed by an electrician who is licensed, as provided in this Chapter, may do electrical work for such licensed electrician if such work is done by him/her under the continuous and immediate supervision of such licensed electrician. Such employee shall comply at all times with all provisions of this Chapter other than the one requiring electrical workers to have licenses.

The owner of the property may himself/herself install wiring to serve such property and he/she may repair wiring already serving such property, if the wiring does not and will not serve a dwelling and if he/she has obtained the required permit for such work; or if the wiring to be installed or repaired does or will serve a dwelling, he/she may do the work himself/herself if all the following facts and conditions then exist:

The owner is to do all the work himself/herself without the help of any person other than a duly licensed electrician;

The dwelling is a single-family dwelling;

The owner is not building such dwelling, or having it built, for sale;

The dwelling is not to be sold for at least one (1) year after the completion of the electrical work;

The owner has applied for a permit to do such electrical work; and

The owner, in doing the work, will comply with all applicable requirements of this Chapter and, in particular, will duly submit his/her work for inspection by the City Electrical Inspector.

Section 605.220 Plumber’s License Required.

[Ord. No. 18-40, 9-10-2018]

Except as otherwise provided in this Section, no person shall do plumbing work of any kind, lay any drain or agree to do any plumbing or drain-laying jobs either by contract or on a time-and-wage basis or by employment of some other person who is not a duly licensed plumber to do the work, or assume to direct or supervise any plumbing or drainage work in the City unless he/she shall then hold any unrevoked plumber’s license issued to him/her by the City, as provided in this Chapter.

A person who is not a licensed plumber, but who is employed by a plumber who is licensed, as provided in this Chapter, may do plumbing work for such licensed plumber if such work is done by him/her under the continuous and immediate supervision of such licensed plumber. Such employee shall comply at all times with all provisions of this Chapter other than the one requiring plumbing workers to have licenses.

The owner of the property may himself/herself install plumbing to serve such property, if the plumbing does not and will not serve a dwelling and if he/she has obtained the required permit for such work; or if the plumbing to be installed or repaired does or will serve a dwelling, he/she may do the work himself/herself if all the following facts and conditions then exist:

The owner is to do all the work himself/herself without the help of any person other than a duly licensed plumber;

The dwelling is a single-family dwelling;

The owner is not building such dwelling, or having it built, for sale;

The dwelling is not to be sold for at least one (1) year after the completion of the plumbing work;

The owner has applied for a permit to do such plumbing work; and

The owner, in doing the work, will comply with all applicable requirements of this Chapter and, in particular, will duly submit his/her work for inspection by the City Plumbing Inspector.

Section 605.230 Heating, Ventilation And Air Conditioning (HVAC) License Required.

[Ord. No. 18-41, 9-10-2018]

Except as otherwise provided in this Section, no person shall do heating, ventilation and air conditioning (HVAC) work of any kind, install any mechanical or agree to do any HVAC or mechanical installation either by contract or on a time-and-wage basis or by employment of some other person who is not a duly licensed HVAC worker to do the work, or assume to direct or supervise any HVAC or mechanical work in the City unless he/she shall then hold any unrevoked HVAC license issued to him/her by the City, as provided in this Chapter.

A person who is not a licensed HVAC worker, but who is employed by a HVAC worker who is licensed, as provided in this Chapter, may do HVAC work for such licensed HVAC worker if such work is done by him/her under the continuous and immediate supervision of such licensed HVAC worker. Such employee shall comply at all times with all provisions of this Chapter other than the one requiring HVAC workers to have licenses.

The owner of the property may himself/herself install HVAC to serve such property, if the HVAC does not and will not serve a dwelling and if he/she has obtained the required permit for such work; or if the HVAC to be installed or repaired does or will serve a dwelling, he/she may do the work himself/herself if all the following facts and conditions then exist:

The owner is to do all the work himself/herself without the help of any person other than a duly licensed HVAC worker;

The dwelling is a single-family dwelling;

The owner is not building such dwelling, or having it built, for sale;

The dwelling is not to be sold for at least one (1) year after the completion of the HVAC work;

The owner has applied for a permit to do such HVAC work; and

The owner, in doing the work, will comply with all applicable requirements of this Chapter and, in particular, will duly submit his/her work for inspection by the City Building Inspector.