It shall be unlawful for any person, firm or corporation to
engage in any business or occupation in the City of Chaffee without
having first applied for and obtained a license to conduct such business
or occupation from the City Clerk and without paying the license fee
therefor, all as provided for in this Chapter.
A. All applications
for the licenses required herein shall be made to the City Collector
on appropriate forms provided for that purpose by the City. All licenses
issued by the City Collector shall be in such form as is provided
by the City Council; provided however, that such license shall bear
the signature of the Mayor of the City Council and the City Collector,
the date of issuance thereof and the date of expiration, as well as
any additional information that may be required by the City Council.
B. 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.
[CC 1978 §605.020; Bill No. 88-12(605.020), 6-20-1988]
There is hereby levied a license tax upon the privilege of engaging
within the limits of this City in any of the various objects, occupations,
professions, trades, avocations, businesses, manufacturers and merchants
as specifically listed and described in Chapters 77 and 94, RSMo.,
and also including those listed in Section 94.110, RSMo., and as may
be amended, and by the various additional ordinances of this City.
[CC 1978 §605.040; Ord. No. 597 §§3—4, 6-22-1959; Bill
No. 2003-18(605.030), 7-21-2003]
A. Every person, persons, firm, association, organization, partnership, or corporation before engaging in any of the businesses enumerated in Section
605.030 hereof shall make application to the City Collector for a license. The license as established herein shall be an annual license which shall expire on June thirtieth (30th) of each year and thereafter each license holder shall, upon paying the required fee, have a renewed license to expire the following June thirtieth (30th).
B. For a
new business trade, occupation, service occupation or manufacturing
concern started within the City for the first (1st) time after July
first (1st), amounts due under this Chapter as license tax fees for
the remaining portion of that license year shall be the amounts described
as follows:
1. For any business trade, occupation, service occupation or manufacturing concern listed in Subsection
(C)(2) of this Section
605.040, the fee shall be paid on the basis of the remaining months within the license year at the rate of one-twelfth (1/12) of the specified license fee for each month remaining within the license year. For the purposes of this paragraph, any part of a month shall be considered a whole month.
2. For any business, trade, occupation or service occupation not listed in Subsection
(C)(2) of this Section
605.040, the fee shall be fifteen dollars ($15.00).
C. License Fees.
1. Except
for the specifically enumerated businesses, occupations and manufacturing
concerns set forth in the following paragraph (2), the license tax
fees shall be based on the amount of gross sales done by the business
for the previous year in accordance with the following:
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From $1.00 to $35,000.00 license fee
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$20.00
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From $35,001.00 to $70,000.00 license fee
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$30.00
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From $70,001.00 to $100,000.00 license fee
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$40.00
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Over $100,000.00 license fee
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$50.00
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2. The
following license tax fees are established for the following specific
business, occupations and manufacturing concerns:
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Description
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Fee
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Manufacturing businesses
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$50.00
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Insurance agents and insurance companies
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$30.00
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Banks and other financial institutions
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$50.00
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Street contractors, paper hanger contractors, painting contractors,
plastering contractors, sewer contractors, store contractors, brick
contractors, cement contractors, sidewalk contractors, bridge contractors
and all sub- contractors including carpenters, painters and electricians
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$35.00
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D. Determination Of Business Categories. The City Collector shall initially establish and classify each business, trade, occupation and service occupation within the categories provided in Subsection
(E) of this Section. Any business, trade, occupation, or service occupation which objects to the category within which the business has been classified shall have the opportunity to file a written appeal to the City Administrator and to request reclassification. Any such appeal shall be filed with the City Administrator within sixty (60) days after such classification for any appeal to be taken.
1. Multiple business activities by single entity. Any applicant which is engaged in more than one (1) business, trade, occupation or service occupation category (as described in Subsection
(E) hereinbelow) within the City (whether at the same location or otherwise) shall make separate application for each such category and shall pay the applicable license tax fee.
2. Separate license required for each business premises. Applicants
which operate or maintain more than one (1) business premises within
the City shall obtain a separate license for each such business premises.
Applicants which do not maintain or operate a business premises within
the City shall designate on the form of application for each applicable
business, trade, occupation, or service occupation category a principal
business address and in the event of a change of such principal business
address during the period of the license, shall notify the City Collector
in writing within five (5) business days of the change.
3. License not transferable. No license required under this
Chapter shall be transferable or assignable.
4. Notification of change of location. If the holder of a license
to engage in a business, trade, occupation, or service occupation
at a particular business premises wishes, before the expiration of
the license period, to change the location of the business premises,
the holder shall so notify the City Collector in writing. No business,
trade, occupation, or service occupation shall be engaged in at the
new location until the notice of such change has been given as provided
in this Subsection.
E. Business, Trade, Occupation, And Service Occupation Categories.
1. Abstract
agencies and abstracters.
5. Auto
wrecking shops and automobile repair shops.
6. Automobile
agencies and dealers and automobile accessory dealers.
10. Beauty
parlors and hairdressers.
11. Billiard
tables and billiard halls.
12. Boarding
houses, rooming houses, and hotels.
18. Brokers
and brokerage houses.
22. Carnivals,
street fairs, circuses, and shows and amusements.
24. Cigar
and tobacco stands.
25. Cleaning
and pressing establishments and laundries.
26. Cobblers
and shoe repair shops.
32. Employment
offices and agencies.
33. Express
agents and express companies.
35. Gas
companies, light companies, power companies, telegraph companies,
telephone companies, and water companies.
36. Gasoline
filling stations.
40. Insurance
agents and insurance companies.
42. Linen
supply rental service.
43. Loan
companies and loan agents.
44. Lumber
dealers and wood dealers.
46. Manufacturers
and manufacturing agents.
47. Merchants
and wholesale merchants.
49. Money
brokers and money changers.
50. Monument
dealers and agencies.
51. Moving
picture shows, opera houses, and theatrical or other exhibitions.
58. Piano
and organ dealers and agents.
60. Plumbers
and plumbing contractors.
63. Produce
and poultry dealers.
64. Radio
and electronics repair shops.
65. Real
estate brokers and agents.
F. License To Be Available For Examination. The holder of any
license issued under this Chapter shall have the duty to display or
otherwise make the license available for examination and shall produce
the license for inspection upon request of any City Police Officer,
public safety official, Code Enforcement Officer or other official
of the City of Chaffee who has enforcement authority of this Chapter.
[CC 1978 §605.050; Ord. No. 597 §5, 6-22-1959]
For the purpose of this Chapter, the term "gross sales" shall mean the gross receipts of the business, occupations or callings
for which the license is issued, either for the sale of merchandise
or for the sale of services or derived through transactions of the
licensee, all as the case might be, whether sales, services, or transactions
be for cash or credit.
[CC 1978 §605.060; Ord. No. 597 §6, 6-22-1959]
Within five (5) days after the close of the year ending June
thirtieth (30th) for which said license is issued, the licensee shall,
in person or by duly authorized officer or agent, make and file with
the City Collector in a manner and form to be prescribed by said Collector,
and upon blanks furnished by him/her, a statement showing the amount
of gross receipts from sales, services, and transactions by such applicant
during the past year. Such statement shall be verified by the affidavit
of the applicant or his/her duly authorized officer or agent.
[CC 1978 §605.070; Ord. No. 597 §7, 6-22-1959]
All persons obtaining a license as herein provided shall, at
any time during regular business hours, permit the City Collector
or his/her duly authorized agent to make an inspection and audit of
the records and books of such licensee for the purpose of determining
the correctness of the affidavit filed by such licensee as provided
for in this Chapter. The information and data obtained from such inspection
and audit shall not be disclosed by said City Collector or his/her
duly authorized agent; provided however, that this Section shall not
prohibit the City Collector or his/her duly authorized agent from
giving evidence in court in any proceeding brought to collect any
license tax provided for in this Chapter, or to punish any licensee
for making a false or fraudulent affidavit provided for herein. If
the persons who are licensed under this Chapter refuse to give the
Collector or his/her duly authorized agent the amount of business
that he/she did during the past year for license purposes, his/her
license shall be the maximum under this Chapter, which is one hundred
dollars ($100.00).
[CC 1978 §605.080; Ord. No. 597 §8, 6-22-1959]
The amount of the daily gross sales for the license year shall
be fixed on the amount filed and sworn to by the licensee as provided
for in this Chapter, or on the amount determined by the City Collector
or his/her authorized agents from the inspection and audit of the
licensee's records and books as provided for herein, whichever is
the greater.
[CC 1978 §605.090; Ord. No. 597 §9, 6-22-1959]
The value of any goods, wares, and merchandise accepted by any
licensee hereunder as part of the purchase price of goods, wares and
merchandise sold or transferred by such licensee shall not be considered
in determining gross sales, provided however, that the amount realized
from the sale by the licensee of such goods, wares, and merchandise
so accepted shall be included in the gross sales of the year such
goods, wares and merchandise are sold, and provided further, that
the provisions of this Section shall apply to the sale by the licensee
of any article accepted by such licensee for partial payment of the
purchase price. For the purposes of this Section, the value of any
article so accepted shall be the allowance or credit given the person
offering such article to the licensee as a partial payment.
A. Every
contractor in the construction industry shall show proof of a certificate
of insurance for Workers' Compensation coverage or an affidavit, the
form of which shall be developed by the division, signed by the applicant
attesting that the contractor is exempt. The City shall not have the
duty to investigate any certificate of insurance or affidavit filed
pursuant to this Section.
B. Any contractor who fails to comply with the provisions of Subsection
(A) of this Section shall be denied such a license until he/she furnishes a certificate of insurance.
C. It is
unlawful for any contractor to provide fraudulent information pursuant
to this Section.
D. Nothing
in this Section shall be construed to create or constitute a liability
to or a cause of action against a City or County in regard to the
issuance of any license pursuant to this Section.
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 Chaffee.
A. Any license
issued by the City pursuant to the provisions of this Chapter may
be revoked by the City Council 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 City Council, or in
which the City Council 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
City Council shall set a date for a hearing to consider the question
of revocation.
2. 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.
3. During
the pendency of this hearing before the City Council, the licensee
shall be permitted to continue the operation of his/her business.
4. At the
hearing set by the City Council, the City Council 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 City Council shall vote on the
issue of whether the subject license shall be revoked.
7. The
affirmative vote of a majority of the City Council shall be necessary
to revoke any license.