Cross References — As to city clerk to issue licenses, §125.330; as to alcoholic beverages, ch. 600; as to selling fireworks, §215.360; as to junk yards, §215.250; as to selling on streets or public parking lots, §215.690; as to utilities — gross receipts tax, ch. 620; as to vehicles for hire, §§605.110 — 605.120; as to solicitors, canvassers and peddlers, ch. 610.
Article I In General
Article II Vehicles for Hire
[R.O. 2012 §605.010; CC 1992 §12-31; Ord. No. 1861 §1, 12-12-1988; Ord. No. 2785 §1, 11-12-2002]
No person shall engage in any occupation, business or calling, including building contractors of all types, unless he/she shall first obtain a license to conduct the business, occupation or calling. This shall include any retail, wholesale or manufacturing business selling goods or services to the community as a whole or to other businesses, as well as professional occupations, except those occupations which are specifically excluded by virtue of Section 71.620, RSMo. For the purposes of this Chapter, a person shall include an individual, corporation, partnership, limited liability company, limited partnership, association or any other similar type of entity.
[R.O. 2012 §605.020; CC 1992 §12-32; Ord. No. 1861 §1, 12-12-1988; Ord. No. 2785 §1, 11-12-2002]
Non-profit organizations as outlined in the U.S. Internal Revenue Service regulations shall be exempt from this Chapter. Any person or organization claiming an exemption based upon a non-profit status must submit such documents as necessary to support the exemption. In addition, any person who conducts less than four (4) yard or garage sales per calendar year, all of which being less than four (4) days in duration, shall also be exempt. Any person who conducts more than three (3) yard or garage sales per year or any yard or garage sale which is longer than three (3) days in duration shall be considered to be engaged in a commercial activity and shall be subject to all provisions of this Chapter and all other ordinances of the City of Union which regulate business activities.
[R.O. 2012 §605.030; CC 1992 §12-33; Ord. No. 1861 §1, 12-12-1988; Ord. No. 2785 §1, 11-12-2002]
Solicitors are specifically excluded from the provisions of this Chapter but shall be controlled by the provisions of Chapter 610.
[R.O. 2012 §605.040; CC 1992 §12-34; Ord. No. 1861 §1, 12-12-1988; Ord. No. 2785 §1, 11-12-2002; Ord. No. 3539 §1, 5-10-2010; Ord. No. 3651 §1, 6-13-2011]
Any person desiring to enter into or carry on any business, trade or calling within the City limits shall first make application to the City Clerk for a license to do so, giving such information as may be necessary for the Clerk to properly perform their duties as required by City ordinance and State law. The application shall also be subject to all other provisions as hereinafter set forth.
[R.O. 2012 §605.050; CC 1992 §12-35; Ord. No. 1861 §1, 12-12-1988; Ord. No. 2171 §1, 7-11-1994; Ord. No. 2785 §1, 11-12-2002; Ord. No. 3540 §1, 5-10-2010; Ord. No. 3651 §1, 6-13-2011]
Any license applied for under this Chapter shall be issued by the City Clerk only upon compliance by the applicant therefore with all provisions of this Code. If the license or permit is for the operation of a business which is to be located in a structure other than the applicant's primary residence, no permit or license shall be issued without an occupancy permit issued by the Union Fire Protection District confirming that the previously occupied building has met the current Fire Code. Verification must also be obtained from the City Building Inspector and/or Zoning Enforcement Officer that the proposed business is permitted in the district in which it is proposed to be located and that the structure and use in all other respects is in conformance with the City's Building Codes and land use ordinances and regulations. Any business that requires Franklin County Department of Health inspection: food service, hotel and lodging, child care, etc., shall supply an "Inspection report" by said Department at the time of application or renewal of business license. Business licenses or permits may be issued to applicants who desire to operate as building contractors, interior designers, sales representatives, service-related contractors and similar occupations at the address of the applicant's residence without the occupancy permit, zoning verification or building conformance requirements so long as the actual performance of such occupation is not visible from the outside of such residence except for signage on motor vehicles not in excess of one (1) ton gross weight used as normal transportation and so long as no one other than the applicant and members of the applicant's immediate family who also live in such residence conduct such occupation from within the residence. In no event shall any materials associated with such occupation be stored on the premises outside of the residential structure. Any person who desires a license or permit to operate a business, which is intended or could reasonably be expected to attract minors, shall be subject to the provisions of Section 605.065. Such businesses shall include, but are not necessarily limited to: arcades, privately owned indoor or outdoor recreational facilities, day care facilities and Internet or electronic gaming facilities. For purposes of this Chapter, the City Clerk shall develop such rules and regulations consistent with City ordinances and State law so as to provide for an orderly method to ensure compliance with all ordinances and laws. All business license applications shall be submitted on forms provided for such purpose by the City of Union.
[R.O. 2012 §605.055; Ord. No. 2785 §1, 11-12-2002]
Any business operated under the same name at multiple locations shall be required to have a separate license for each such location.
[R.O. 2012 §605.060; CC 1992 §12-36; Ord. No. 1861 §1, 12-12-1988; Ord. No. 2785 §1, 11-12-2002]
Every license issued under this Chapter shall be displayed by the business so licensed.
[R.O. 2012 §605.065; Ord. No. 2785 §1, 11-12-2002]
Any applicant who desires to obtain a permit for a business license intended to or could reasonably expect to serve or attract minors shall, in addition to all other requirements of this Chapter, be subject to a criminal background check. Any such applicant shall provide the consent of the owner, manager and operator of the business to obtain a criminal history to the City Clerk at the time the application is filed. Such consent shall be forwarded to the Chief of Police for the purpose of performing a criminal history check. The Chief of Police shall submit to the City Clerk his or her recommendation for approval with respect to all applications which have no criminal history reported or which do not reflect a criminal history which would cause concern regarding involvement with minor children. In those instances wherein the criminal history of an applicant causes concern to the Chief of Police, the Chief of Police shall so notify the City Clerk. Upon receipt thereof the City Clerk shall so notify the applicant and the Board of Aldermen and the Board of Aldermen shall thereafter schedule a hearing at which time the applicant shall be given the opportunity to present reasons why the license should be issued irrespective of the content of the criminal history of the applicant.
[R.O. 2012 §605.070; CC 1992 §12-37; Ord. No. 1861 §1, 12-12-1988; Ord. No. 2785 §1, 11-12-2002]
All licenses issued under this Chapter shall be renewed annually during the month of April and shall become delinquent if not renewed on May first (1st) of each year. Renewal of licenses pertaining to child-related businesses shall be subject to the same requirements as a new application.
All new applications shall be processed prior to the opening of any new business.
[R.O. 2012 §605.080; CC 1992 §12-38; Ord. No. 1861 §1, 12-12-1988; Ord. No. 2785 §1, 11-12-2002]
Any license issued under the provisions of this Chapter may be suspended or revoked by the Board of Aldermen for the violation by the licensee of any applicable provision of this Code, State law or City ordinance, rule or regulation. Prior to revoking or suspending any such license, the Board of Aldermen shall provide the license holder an opportunity for a public hearing before the Board of Aldermen. Upon the completion of such hearing, if the Board of Aldermen finds by substantial evidence that a violation has occurred, the license shall either be suspended for a time not to exceed one hundred eighty (180) days or shall be revoked.
[R.O. 2012 §605.090; CC 1992 §12-39; Ord. No. 1861 §1, 12-12-1988; Ord. No. 2785 §1, 11-12-2002; Ord. No. 3442 §1, 2-9-2009]
Before any new license shall be issued under this Chapter, the applicant shall pay a non-refundable fifty dollar ($50.00) fee. The cost of an annual renewal of said license, as required by Section 605.070 above, shall be thirty dollars ($30.00). Under no circumstances shall license fees due be prorated. In addition, if the annual renewal is not paid by May first (1st), a twenty dollar ($20.00) penalty shall be assessed. Business licenses are not transferable and are required at each business location. A new license must be purchased for a fee of fifty dollars ($50.00) if the business moves to a new address or has new management.
[R.O. 2012 §605.100; CC 1992 §12-40; Ord. No. 1861 §1, 12-12-1988; Ord. No. 2785 §1, 11-12-2002]
Any person who does not secure a license prior to doing business within the City, whose license is revoked and who continues to operate, or whose license is not renewed and who continues to operate is guilty of an ordinance violation punishable by fine of not more than five hundred dollars ($500.00). Each day of operation after one (1) of the acts described in this Section occurs shall be considered to be a separate offense.
[R.O. 2012 §620.010; CC 1992 §23-2]
No person shall operate a taxicab in the City without first obtaining a business license as provided in Chapter 605 from the City Clerk. For purposes of this Section, the term "taxicab" is defined to mean any motor vehicle performing a bona fide for hire taxicab service having a capacity of not more than five (5) passengers, exclusive of the driver, and not operated on a regular route or between fixed termini.
[R.O. 2012 §620.020; CC 1992 §23-3; Ord. No. 654 §2, 6-1-1953]
It shall be the duty of any person operating a taxicab, bus or other vehicle hauling persons for hire within the corporate limits of the City to exhibit the required insurance policy to the City Clerk at the time application is made for the license required by this Chapter. No license shall be issued by the City Clerk unless such insurance policy is in full force and effect and is exhibited to the City Clerk, and the Clerk shall make note of the date of expiration of such policy of insurance and notify the Chief of Police if such policy is permitted to expire without renewal or in the event of extension of insurance in some other solvent insurance company.
Each vehicle used as a taxicab operating under authority of a permit issued by the City shall be insured, at all times, with public liability insurance in the amounts of one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) for all persons in an accident and property damage insurance at fifty thousand dollars ($50,000.00) for each vehicle. Each vehicle used as a school bus shall be insured, at all times, with public liability insurance in the same amount.