City of Parkville, MO
Platte County
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Table of Contents
Table of Contents
[Ord. No. 2833 §2, 1-5-2016[1]]
It is not intended by this Chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Chapter. Where this Chapter imposes a greater restriction upon persons, premises, or personal property than is imposed or required by such existing provisions of law, ordinance, contact or deed, the provisions of this Chapter shall control.
[1]
Editor's Note: Former Chapter 605, Business Licenses, comprised of Sections 605.010 through 605.240 and 605.260 through 605.280, derived from Ord. No. 759 §1, 6-5-1979; Ord. No. 891 §§1 — 23, 25 — 27, 8-16-1983; and Ord. No. 1396 §1, 11-2-1993, all as amended, was repealed 1-5-2016 by §1 of Ord. No. 2833. At the City's direction, former Section 605.250 was retained and redesignated as 605.220, and the language of Section 605.200(B) was updated in an email from the City dated 1-11-2016.
[Ord. No. 2833 §2, 1-5-2016]
For the purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
APPROVAL
Permission given to a business showing that all applicable regulations required by this Chapter have been met.
APPROVAL WITH CONDITIONS
Temporary permission given to a new business for up to six (6) months.
BOARD OF ALDERMEN
The Board of Aldermen of the City of Parkville.
BUSINESS LICENSE
A document required by the City to conduct business in the City of Parkville.
BUSINESS
Any person or group of persons performing or engaging in any activity, enterprise, profession or occupation for any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood on any premises in the City, or anywhere else within its jurisdiction.
BUSINESS PERSONAL PROPERTY
Tangible personal property that is used in a trade or business or used for production of income and which has a determinable life of longer than one (1) year except that supplies used by a business shall also be considered business personal property.
CITY
The City of Parkville, Missouri.
CITY CLERK
The City Clerk of the City of Parkville or his or her designee.
CONTRACTOR
A person, employer, or business entity that enters into an agreement to perform any service or work or to provide a certain product in exchange for valuable consideration; this definition shall include but not be limited to a general contractor, subcontractor, independent contractor, contract employee, project manager, or a recruiting or staffing entity.
CONTRACTOR, GENERAL
A person, employer or business entity that shall perform more than one (1) of the categories of building, laying brick, finishing concrete, excavating, performing electrical work, painting, plastering, or roofing. A purchase of a general contractor's license shall entitle that person to do any and all forms of contracting within the confines of the City.
DENIAL
Refusal to approve a business because it did not meet all regulations to receive a business license within a six-month period after submission of the original application.
FEE
All license fees levied on or required to be paid by any merchant, manufacturer, business or occupation doing business in the Parkville City limits.
FICTITIOUS NAME
A name under which any person may do or transact any business in Missouri that is other than the true name of that person or legal name of the business. A fictitious name is commonly referred to as a "DBA," an acronym for "doing business as."
FOOD SERVICE ESTABLISHMENT
Any business that includes the sale, service or preparation of food for human consumption.
HOME BUSINESS
A business, profession, occupation or trade conducted for gain or support entirely within a residential building or a structure accessory thereto, which is incidental and secondary to the use of the building for dwelling purposes and which does not change the essential residential character of the building.
LEGAL NAME
A name under which any person shall do or transact business in Missouri, including, but not limited to, corporations, limited liability companies, partnerships and sole proprietorships.
LICENSEE
Any person who is required to secure a license under the terms of this Chapter.
MANUFACTURER
Every person, firm, company or corporation who shall hold or purchase personal property for the purpose of adding to the value thereof by any process of manufacturing, refining, by the combination of different materials shall be held to be a manufacturer.
MERCHANT
Every person, corporation, co-partnership or association of persons who shall deal in the selling of goods, wares and merchandise at any store, stand or place occupied for that purpose.
PEDDLER/SOLICITOR/CANVASSER
Any person who goes door-to-door and/or business to business attempting to make personal contact without prior specific invitation.
PERSON
Individual natural persons, partnerships, joint adventures, societies, associations, clubs, trustees, trusts, or corporations, or any officers agents, employees, factors, or any kind of personal representatives of any thereof, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law.
PREMISES
All lands, structures, places and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such premises.
PROFESSION
An occupation that requires special education, training or skill.
REVOCATION
Invalidation of a business license due to failure to comply with requirements of this Chapter.
SUSPENSION
Temporary revocation of a business license until proof that the requirement(s) of this Chapter has been met.
[Ord. No. 2833 §2, 1-5-2016]
A. 
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.
B. 
The City Clerk shall have the authority to make interpretations of any non-defined terms and is responsible to keep the same available to the public.
C. 
The City Clerk shall keep an accurate record of all licenses issued, showing the nature and address of the business, name of the licensee and any other information he or she deems proper.
D. 
The City Clerk, in issuing licenses required by this Chapter, shall:
1. 
Make available such rules, regulations and policies adopted by reference and amended from time to time for inspection and use by the public;
2. 
Enforce regulations of this Chapter;
3. 
Adopt all forms and prescribe the information to be given therein;
4. 
Require applicants to submit all affidavits and oaths necessary to the administration of this Chapter;
5. 
Submit all applications to other staff to verify compliance with all City ordinances, as applicable;
6. 
Investigate and determine the eligibility of any applicant for a license or renewal as prescribed in this Chapter;
7. 
Examine the books and records of any applicant or licensee when reasonably necessary for the administration and enforcement of this Chapter;
8. 
Notify any applicant of the acceptance, denial, suspension or revocation of his or her application. Upon denial of any license and at the applicant's request, the City Clerk shall provide the reasons for the denial.
[Ord. No. 2833 §2, 1-5-2016]
A. 
License Required. Every person who shall maintain, operate, or conduct any of the businesses, trades, vocations, avocations, or places of amusement, or exercise the privileges specified in this Chapter, shall obtain a license to do so unless exempt per Subsection (C).
B. 
Fees To Be Paid. Every person who shall maintain, operate or conduct any business specified in this Chapter shall pay the license fee as prescribed in Section 605.130 unless exempt per Subsection (C).
C. 
Exemptions. A business may be exempt if they meet one of the following criteria:
1. 
Businesses that are exempt per Section 71.620(1) RSMo., shall not be required to pay the license fee but shall submit an application to the City Clerk.
2. 
Businesses that are exempt per Section 71.620(2) RSMo., shall only be required to pay the license fee and submit an application if the business office is located in Parkville.
3. 
Businesses that are exempt per Section 71.630 RSMo., the United States and its agencies, the State of Missouri and its agencies, and any State, County or municipal government and its agencies or departments shall not be required to pay the license fee nor submit an application to the City Clerk.
4. 
Any person or organization operating a 501(c) corporation, either regularly or temporarily, shall not be required to pay the license fee but shall submit an application to the City Clerk. In addition, a 501(c) corporation must provide proof of registration as a 501(c) enterprise. Solicitors and solicitation for religious and charitable causes are governed by Chapter 610 of this Code.
[Ord. No. 2833 §2, 1-5-2016]
A. 
This Chapter shall apply to all businesses operating in Parkville for which a license is required by any law or ordinance of this City. It shall be unlawful for any person, either directly or indirectly, to conduct business except in conformity with the provisions of this Chapter.
B. 
One Act Constitutes Doing Business. Any person shall be deemed to be in business or engaged in non-profit enterprise, and thus subject to the requirements of this Section, when he or she does one act of:
1. 
Selling any goods or service;
2. 
Offering business or goods or services for sale or hire;
3. 
Acquiring or using any vehicle or any premises in the City for business purposes.
C. 
Agents Responsible For Obtaining License. The agents or other representatives of anyone doing business in the City shall be personally responsible for the compliance of their principals and of the businesses they represent with this Chapter.
D. 
Separate License For Branch Establishment. A license shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business.
E. 
More Than One Business In Same Address Under Same Legal Name. A person engaged in two (2) or more businesses at the same address under the same legal name 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. When any person engages in two (2) or more businesses at the same location under one (1) license, the applicant shall pay a license fee for the main business plus a fee for each additional business, as set forth in the schedule of fees adopted by the Board of Aldermen by resolution, as authorized by Section 800.010 of the Municipal Code.
[Ord. No. 2833 §2, 1-5-2016]
A. 
All businesses operating at a location within the Parkville City limits are required to complete all the requirements in Subsection (A), in addition to any requirements listed below that apply to the type of business being conducted.
1. 
All businesses must complete all of the following requirements:
a. 
Complete a business license application;
b. 
Register legal name as required by the Missouri Secretary of State;
c. 
Register fictitious name as required by the Missouri Secretary of State;
d. 
Business personal property. Every person, corporation, partnership or association shall file with the Platte County Assessor's Office a listing of all tangible personal property for their business;
e. 
Occupancy inspections. With the exception of home businesses, any license application for new business, change of ownership or change of business location within Parkville shall require inspection and approval of the premises for occupancy prior to issuance of a license. A copy of the current occupancy permit issued by the Parkville building official and Southern Platte Fire Protection District fire marshal or their designee is required. This requirement shall not apply to any business located outside of Parkville doing work in the City;
f. 
Compliance with zoning requirements. All licenses issued under the provisions of this Chapter shall be subject to compliance with all zoning requirements of Title IV of this Code. This requirement shall not apply to any business located outside of Parkville doing work in the City;
g. 
Compliance with State registrations. All applicants must present certificates or licenses showing that he or she is authorized under applicable State and Federal laws to operate the business for which he or she is seeking a license.
2. 
Missouri retail sales. Every applicant for a business that involves the retail sale of goods shall:
a. 
Exhibit a valid and current retail sales license issued by the State of Missouri for the Parkville business location;
b. 
Exhibit a valid and current merchant's license issued by Platte County;
c. 
A temporary license may be issued for up to six (6) months with submission of an affidavit of application to make retail sales showing that the applicant has applied for a retail sales license with the State of Missouri. A permanent license shall be issued following receipt of proof of a valid Missouri retail sales tax certificate.
3. 
Food establishments of all types. Food service establishments shall be governed by the following requirements as well as by other provisions of this Chapter and the Parkville Municipal Code or any City ordinance.
a. 
An applicant seeking a business license for a new food service establishment, including a mobile food unit or pushcart but not including a temporary food service establishment, shall apply to the City and include with the application a copy of a current permit from the Platte County Health Department.
b. 
An owner or manager of a licensed business which has not previously sold food and now wishes to add food to the products or services it offers shall make written request to the City to amend its business license to include such products or services and include with the request a copy of a current permit from the Platte County Health Department. Such amended license, if granted, shall not require the payment of an additional license fee if there are no other changes to the original business license. Such amended license shall not be granted if, in any aspect, it would be in violation of any part of this Code or any City ordinance.
c. 
A person who wishes to operate a temporary food service establishment at an event shall apply to the sponsor of the event at which he or she wishes to operate said establishment and include with the application a copy of a current permit from the Platte County Health Department. The sponsor of the event shall be responsible for determining that every food service establishment at the event has such a permit.
d. 
Platte County Commission Order No. 01-02 is recognized as the law governing health regulations for all food service and retail food establishments in Parkville and is administered by the Platte County Health Department.
e. 
For smaller one-time events, mobile food units or pushcarts shall be treated as a caterer and do not require a City business license, so long as food is not offered for sale to the public at the time of the event.
4. 
Liquor. Any business selling liquor must conform to Chapter 600 of this Code.
5. 
Contractors and general contractors.
a. 
No City license shall be issued or renewed under this Chapter for any contractor in the construction industry unless the license or license renewal application is accompanied by a certificate of insurance for workers' compensation coverage or an affidavit, in the form required by Section 287.061 RSMo., signed by the applicant attesting that he or she is exempt. It is unlawful for any contractor to provide fraudulent information regarding workers' compensation coverage or exemption.
b. 
No building permit shall be issued by the City to any contractor, owner or person in control of any real estate for the construction, erection or remodeling of any residence, building, bridge, stonework, sewer, street, sidewalk, parking lot or other structure, or any parts thereof, unless that contractor, owner or person in control of the real estate has applied for, paid for and obtained a license as required in this Chapter.
6. 
Home-based businesses. Every applicant for a home-based business license is required to conform to Title IV of this Code and shall submit the appropriate affidavits as required.
7. 
Self-employed working independently from business location.
a. 
Self-employed persons working independently from a business, but conducting his or her trade at that business location, including but not limited to salons, auto mechanic shops, massage businesses, and other similar businesses, are required to obtain a business license.
b. 
It shall be the responsibility of a self-employed individual to:
(1) 
Submit a copy of valid Missouri professional certification certificate, if applicable.
(2) 
Register personal property for the self-employed business as required by this Chapter.
c. 
It shall be the responsibility of the owner of any business to provide the City Clerk a list of self-employed persons working from that business.
8. 
Fireworks.
a. 
The City hereby establishes a permit fee, as set forth in the schedule of fees adopted by the Board of Aldermen by resolution, as authorized by Section 800.010 of the Municipal Code, to be assessed merchants who wish to sell fireworks within the City limits.
b. 
The sale of fireworks and the erection of temporary stands for such purpose are permitted in the following Zoning Districts:
(1) 
All non-residential districts subject to the additional regulations in Subsection (8)(d) through (l) below.
(2) 
Any residential districts with frontage and direct access to a State highway are subject to prior approval by the Board of Aldermen and additional regulations in Subsection (8)(d) through (l) below. The Board of Aldermen may apply additional conditions as necessary to ensure the stand is compatible with any surrounding development.
c. 
Any seller(s) of fireworks shall require inspection and approval of the premises for occupancy prior to issuance of a license. A copy of the current occupancy permit issued by the Parkville building official and Southern Platte Fire Protection District fire marshal or their designee is required.
d. 
Any seller(s) of fireworks within the City shall have first procured bodily injury and property damage liability insurance in the amount of eight hundred thousand dollars ($800,000.00), individual and aggregate, naming the City of Parkville as additional insured.
e. 
Any seller(s) of fireworks within the City shall provide a copy of a current fireworks permit from the Missouri Department of Fire Safety and a temporary sales license for the Parkville location from the Missouri Department of Revenue.
f. 
Applicant shall furnish a plot plan of the tract showing the location of the proposed stand or present building in which fireworks shall be sold. Dimensions of the building and distances from the street, property lines, adequate off-street parking and other buildings on the lot must be shown. The off-street parking must be on a lot covered with either a hard surface or gravel. Off-street parking on grassed areas shall not be permitted.
g. 
Sales and storage of fireworks must be at least two hundred (200) feet from a residence.
h. 
Fire protection measures in the form of a water hose, fire extinguisher and sand buckets must be kept immediately available at all times.
i. 
Stands must be at least fifty (50) feet from the above ground or below ground vented fuel storage tanks.
j. 
Fireworks shall not be sold by minors except under the direct supervision of an adult.
k. 
Licenses for the sale of fireworks must be posted in a conspicuous place, either on the stand or near the counter if sale is within a building.
l. 
The operator of a stand or counter must post a sign, clearly visible, prohibiting loitering, smoking, open burning and/or the discharge of fireworks in the vicinity.
m. 
Temporary stands are to be dismantled and removed completely, and the area restored to its former condition by July 5 of the license year.
n. 
Regulations for the use of fireworks are authorized by Section 215.420 of this Code.
[Ord. No. 2833 §2, 1-5-2016]
A. 
No License Required For Mere Delivery. 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 or 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.
B. 
Events. The coordinator of an event within the City must obtain an event permit per Chapter 140 of this Code. Vendors involved in these events must comply with Section 140.345 when making retail sales at events.
C. 
Peddler, Solicitor Or Canvasser. A peddler, solicitor or canvasser must conform to Chapter 610 of this Code. No license shall be required for the act of peddling, soliciting or canvassing, however, any services resulting from those acts shall require a business license.
D. 
Home-Based Sales. No license shall be required for home-based sales on private property, however, the following requirements must be met:
1. 
No more than three (3) sales in one (1) calendar year;
2. 
No longer than three (3) consecutive days;
3. 
Sales shall be conducted between 8:00 A.M. and 8:00 P.M.;
4. 
Sales shall be limited to residential uses;
5. 
Shall not be exempt from any State or County regulations;
6. 
No food shall be served without the required County or State permits, if applicable, including a Platte County Health Department permit; and
7. 
Any signs advertising such sale(s) shall be in compliance with Chapter 463 of this Code.
E. 
Commercial sidewalk sales shall be governed by Chapter 475 of this Code.
[Ord. No. 2833 §2, 1-5-2016]
Any person seeking a license required by this Chapter shall file with the City Clerk an application for such license. The application shall state the classification of the license sought to be obtained; the nature of the license; location in which the license shall be effective and where business shall be conducted; and the nature of the business. Any false representation made in the application for this license shall be considered a violation of Section 215.560 of the criminal code, and penalties as prescribed therein shall apply.
[Ord. No. 2833 §2, 1-5-2016]
The license period is from June 1 through May 31 of the following year. Unless otherwise specified in the approval, each license issued shall run until May 31 of the licensing period issued regardless of the time of issuance. Licenses shall be delinquent on June 1 of each year at which time the penalties provided for in this Chapter shall commence.
[Ord. No. 2833 §2, 1-5-2016]
A. 
Each license issued hereunder shall state upon its face the following:
1. 
The legal name of the business licensed and any other name under which such business is to be conducted;
2. 
Address of the business so licensed;
3. 
Name of the operator of the business so licensed;
4. 
License number assigned by the City Clerk or his or her designee;
5. 
Date of expiration;
6. 
Date of issuance;
7. 
The statement "The City of Parkville certifies this business has met all the necessary requirements under Parkville Municipal Code Chapter 605 to operate for the [licensing period] license year."
8. 
Signature of Mayor and City Clerk; and
9. 
Any other information as the City Clerk determines necessary.
[Ord. No. 2833 §2, 1-5-2016]
No person operating with a City license shall refuse to exhibit a license to any City official upon demand. All licenses so issued shall be posted and maintained upon the licensed premises in a conspicuous place where it may be seen at all times.
[Ord. No. 2833 §2, 1-5-2016]
All licenses issued by the City shall be deemed to be mere personal privileges and shall not be transferable or assignable. When a change does occur, including but not limited to a change in ownership, name or location, a new license and fee is required.
[Ord. No. 2833 §2, 1-5-2016]
Fees required by this Chapter to be paid shall be payable to the City of Parkville. Every person shall first obtain a license from the City Clerk for the use of the City and pay fees set forth in the schedule of fees adopted by the Board of Aldermen by resolution, as authorized by Section 800.010 of the Municipal Code. Issuance of a receipt for fees collected at the time of application shall not constitute approval of a license.
[Ord. No. 2833 §2, 1-5-2016]
Any business working for or with the City shall obtain a license and pay the fee as required by this Chapter.
[Ord. No. 2833 §2, 1-5-2016]
A. 
Approval And Issuance. A license shall be issued by the City Clerk or his or her designee only after receipt of a complete and accurate license application, verification that all applicable regulations and conditions in this Chapter have been met, determination that all other obligations then due and owing the City have been paid in full and determination that all State-mandated regulations or criteria have been met per Section 605.060. The receipt of a license from the City of Parkville in accordance with the regulations herein shall document approval.
B. 
Approval With Conditions. A temporary license may be issued by the City Clerk or his or her designee for any period of time up to six (6) months for new business applicants. Issuance of a temporary license shall not be construed as an indication that the new business applicant is entitled to an annual license.
[Ord. No. 2833 §2, 1-5-2016]
The City Clerk shall prepare on or before April 15 each year a list of all parties doing business in the City subject to the foregoing regulations and add thereto as occasions may arise. No later than April 30, notices shall be delivered to the said parties that license renewal fees are due on June 1. Acceptance of a completed application and issuance of a receipt for fees collected at the time of application shall not constitute approval of a license. Renewal licenses may be submitted beginning May 1 for the upcoming license year.
[Ord. No. 2833 §2, 1-5-2016]
A. 
Every licensee under this Chapter shall:
1. 
Permit inspection. Permit all reasonable inspections of his or her business and examinations of his or her books by public authorities so authorized by law.
2. 
Comply with governing law. Ascertain and at all times comply with all City, County, State or Federal laws, ordinances, regulations or administrative rules applicable to the licensed business.
3. 
Operate properly. Avoid fraud, misrepresentation and false statements made in the course of carrying on the business; avoid conducting the business in an unlawful manner; avoid conducting the business in any manner so as to constitute a nuisance or in a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare of the public.
4. 
Cease business. Refrain from operating the licensed business or pursuing the licensed business on premises after expiration of said license and during the period said license is revoked or suspended.
[Ord. No. 2833 §2, 1-5-2016]
Whenever any license fees shall remain unpaid after the time fixed for payment in this Chapter, a late fee, as set forth in the schedule of fees adopted by the Board of Aldermen by resolution, as authorized by Section 800.010 of the Municipal Code, shall be imposed. Payment of a late fee shall not abate any action taken or penalties prescribed under Sections 605.190 through 605.220.
[Ord. No. 2833 §2, 1-5-2016]
A. 
Upon review of the application, the City Clerk may refuse to issue a license to the applicant for any of the following reasons:
1. 
Failure to pay business license fee;
2. 
Failure to pay any other obligation then due and owing the City, including, but not limited to, sales tax, personal property tax and other taxes and fees to which the City is entitled; and
3. 
Failure to complete any requirement as required by this Chapter.
B. 
A business denied a license shall not operate within the City until all regulations have been met.
[Ord. No. 2833 §2, 1-5-2016]
A. 
The City Clerk shall have the power to revoke or suspend any business license for failure to maintain compliance with any requirements of this Chapter.
B. 
All businesses shall maintain proper licensing issued through the City of Parkville while conducting business within the City limits. Failure to renew or otherwise comply with this Chapter shall result in the City Clerk sending notice, in person or by mail, to the businesses. The businesses shall obtain or renew licenses within ninety (90) days from the date of notice. If a business fails to renew or obtain appropriate licensing past the ninety-day period, the City Clerk shall suspend the business license and provide notice of the suspension in person or by certified mail within five (5) business days from the date of suspension. The City Clerk shall revoke the business license if the business fails to obtain appropriate licensing within ninety (90) days from the date of suspension.
C. 
Any business conducting business while suspended or revoked shall be deemed to have committed a violation of this Chapter.
D. 
A separate offense shall be deemed committed each day the license holder continues to do business after a license suspension or revocation.
E. 
All licenses are revocable at any time by the City Clerk when he or she determines that a business has violated this Chapter or any other ordinance:
1. 
Relating to the business or acts done under the license;
2. 
Misrepresenting the goods or services sold or offered for sale in the City;
3. 
Practicing any fraud upon the public or selling food to human beings or for animals which food shall contain any unwholesome or unfit substances;
4. 
Conducting a business not covered by his or her license; and,
5. 
Conducting any immoral or disorderly place of business or has been conducting any place of or business dangerous to public health or safety or detrimental to public morals.
F. 
If any license issued pursuant to this Chapter is terminated by revocation, death of the licensee, or other cause, all fees or taxes paid the City shall be forfeited to the use of the City.
G. 
No person whose license has been revoked shall thereafter be entitled to engage in the business or do the acts for which the license was issued in the City, unless the Board of Aldermen, for a good cause shown, shall remove that disqualification. (The Board of Aldermen's decision shall only relate to the current and future status of the business license and shall not mitigate or otherwise affect criminal prosecution under this Chapter.)
H. 
Any person engaged in any business, conducting any place or doing any act for which a license is or may hereafter be required in the City, who shall be convicted of violating this Chapter or any other ordinance relating to the business shall, without action by the Board of Aldermen, have their license revoked.
I. 
Any license revoked by an outside entity, as required by this Chapter, including but not limited to the health department, fire marshal, or Missouri Department of Revenue, shall render the City license suspended until the issue has been resolved.
1. 
Revocation of retail sales license by the State of Missouri. The Director of Revenue of the State of Missouri or any duly authorized representative must inform the City Clerk in writing of the revocation of a retail sales license which shall start the process outlined in Subsection (B). The City Clerk may, upon presentment of proof of issuance or re-issuance of a Missouri retail sales license, reinstate the business license.
[Ord. No. 2833 §2, 1-5-2016]
No refund shall be issued upon denial or revocation of any application. When the issuance of a license is refused and any action or proceeding is brought by the applicant to compel its issuance, that applicant shall not engage in the business for which the license was denied.
[Ord. No. 891 §25, 8-16-1983; Ord. No. 2836 §§1 — 2, 2-2-2016]
A. 
The City Clerk shall see that this Chapter is fully complied with and advise the City Prosecutor to file complaints against all persons known to be violating this Chapter.
B. 
Inspections.
1. 
Persons authorized. The City Clerk, or his or her designee, and police officers are authorized to conduct investigations to enforce this Chapter.
2. 
Authority of inspectors. All persons authorized to make investigations shall have the authority to enter the premises for which a license is required at all reasonable times.
If any party refuses to allow the inspection of a premises for which a license is required, the City Clerk may request law enforcement to apply for a search warrant pursuant to Chapter 145.
3. 
Reports by inspectors. Persons making investigations or inspections as herein authorized shall report violations to the City Clerk and shall submit such other reports as requested.
4. 
Operating a business without a license. When a person is operating a business without a valid business license or is operating such business when the license has been revoked or suspended, the City Clerk may cause such person to be summoned into Municipal Court.
C. 
Order. When a licensee has violated any law or ordinance affecting the conduct of business within the City, other than failure to have a valid business license, the City Clerk may issue an order which directs the offending person to cease and desist from the violation and to comply with the law or ordinance. When a licensee has failed to comply with an order of the City Clerk or when the licensee has failed to operate the business properly as required by this Code, the City Clerk may issue an order suspending or revoking the business license per Section 605.200.
[Ord. No. 2836 §4, 2-2-2016]
Any person, partnership, association or corporation engaging in a business, trade or avocation as herein provided without first procuring a license therefor, shall be guilty of violating this Chapter and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or both, for each offense. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Ord. No. 2833 §2, 1-5-2016]
A. 
Unpaid Fee Constitutes Debt. The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due the City. For previously licensed businesses, all unpaid fees shall be delinquent as of June 1 each year.
B. 
Action By City Attorney. The City Attorney shall, at the direction of the Board of Aldermen, institute a civil suit in the name of the City to recover any unpaid fee.
C. 
Civil Judgment No Bar. No civil judgment, or any act by the City Attorney, the City Clerk, or the violator, shall bar or prevent a criminal prosecution for each and every violation of this Chapter.
[Ord. No. 2833 §2, 1-5-2016; Ord. No. 2836 §§5 — 6, 2-2-2016]
A. 
Appeal. Any license applicant or licensee aggrieved by any decision of the City Clerk to deny, suspend or revoke the business license shall have the right to appeal such action to the Board of Aldermen. Within fourteen (14) days of the adverse decision, a written request for a hearing before the Board of Aldermen contesting such suspension, denial or revocation shall be submitted. Such request shall State with specificity which part of the order is contested, the basis for the contest and the relief sought.
B. 
Hearing Procedure. Where a hearing has been requested pursuant to this Section, the Board of Aldermen shall hear the appeal within thirty (30) days of filing the written request for an appeal hearing. A hearing shall be held at the next regular scheduled Board of Aldermen meeting following the filing of the appeal unless agreement is reached between the person filing the appeal and the Board of Aldermen on another date for the hearing, which date shall be within the thirty-day period.
C. 
Appeals from the decision of the City Clerk in suspending a license may be pursued according to the provisions of Subsection (A) of this Section. Filing of an appeal shall stay any action on the suspension or order to appeal until a hearing has been held and a ruling has been made by the Board of Aldermen.
D. 
Effect Of Appeal. No appeal to the Board of Alderman or subsequent appeal to the Circuit Court of Platte County pursuant to Mo. Rev. Stat. 536 pertaining to the status of a business license or any act by the City Attorney, City Clerk or investigators shall bar or prevent a prosecution for each and every violation of this Chapter.