[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laws or ordinances, except those specifically repealed by this Chapter.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 No. 1396 §1, 11-2-1993, all as amended, was repealed 1-5-2016 by §1 of Ord.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.
Permission given to a business showing that all applicable
regulations required by this Chapter have been met.
Temporary permission given to a new business for up to six
(6) months.
The Board of Aldermen of the City of Parkville.
A document required, except where a business qualifies as
a no impact home-based business, by the City to conduct business in
the City of Parkville.
[Ord. No. 3150, 12-6-2022]
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.
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.
The City of Parkville, Missouri.
The City Clerk of the City of Parkville or his or her designee.
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.
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.
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.
All license fees levied on or required to be paid by any
merchant, manufacturer, business or occupation doing business in the
Parkville City limits, except those that qualify as a no impact home-based
business.
[Ord. No. 3150, 12-6-2022]
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."
Any business that includes the sale, service or preparation
of food for human consumption.
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.
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.
Any person who is required to secure a license under the
terms of this Chapter.
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.
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.
A no impact home-based business is one (1) that:
[Ord. No. 3150, 12-6-2022]
Is engaged in the sale of lawful goods and services; and
Does not cause a substantial increase in traffic through the
residential area; and
The activities of the business are not visible from any public
street; and
Does not use any equipment that produces noise, light, odor,
smoke, gas, or vibrations that can be seen, felt, heard, or smelled
by a person of ordinary senses outside of the property where the business
is located; and
Does not sell any goods or services for which a health inspection
would be required if the business were not located in a residence
unless the owner or tenant provides written consent for the Department
of Health to inspect the business during normal business hours or
at any other time the business is operating.
Any person who goes door-to-door and/or business to business
attempting to make personal contact without prior specific invitation.
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.
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.[1]
Invalidation of a business license due to failure to comply
with requirements of this Chapter.
Temporary revocation of a business license until proof that
the requirement(s) of this Chapter has been met.
[1]
Editor's Note: The former definition of "profession," which
immediately followed this definition, was repealed by Ord. No. 3150.
[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).
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:
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.
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, except where the home-based business qualifies as a "no impact home-based business" as defined in Section 605.020.
[Ord. No. 3150, 12-6-2022]
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.
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:
(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.
[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.
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.
[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]
[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 by June 1 shall
result in the City Clerk sending notice of the violation and potential
suspension or revocation, and shall afford the licensee fourteen (14)
days for compliance. Such written notice shall be sent by certified
or registered U.S. mail, and regular mail, postage paid, and deposited
in the mail to the business address of the licensee on its application
on file with the City Clerk. Upon the failure or refusal of the violator
to comply, the City Clerk shall then have the authority to suspend
or revoke the license.
[Ord. No. 3185, 4-18-2023]
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.
Grounds For Suspension Or Revocation. 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:
[Ord. No. 3185, 4-18-2023]
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.
J.
Calculation
Of Days. The number of days specified in this Section shall include
weekend days and holidays. The last day of the period shall be included
in the computation, unless it is a Saturday, Sunday or a legal holiday,
and if it is, the period runs until the end of the next day which
is not a Saturday, Sunday or a legal holiday.
[Ord. No. 3185, 4-18-2023]
[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; Ord.
No. 3185, 4-18-2023]
A.
Non-Compliance Or Violation. 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.
B.
Unlawful Continuation — Further Remedies Authorized. In the
event any business, trade, occupation or service occupation which
is required to obtain an annual license under this Chapter continues
to operate after having received written notice of failure to obtain
such license or in the event any business, trade, occupation or service
occupation continues to operate following revocation or suspension
of such license, the City has the following further remedies:
1.
After not less than four (4) business days after service of the notice. The City Police Department shall affix a notice on the premises stating that "This Business is Closed, No Customer or Employee Trespassing." At that time, Police Officers shall order all customers and employees to leave the premises, allowing reasonable time for the employees to secure property and render the premises safe. The owner of the property and any residents may remain and may make use of the premises for any legal, non-commercial purpose, but may not conduct business there until the business is properly licensed. Customers, meaning persons on the premises for the purpose of buying goods or services, and employees, meaning persons on the premises who are employed to produce goods or services, are guilty of trespass, as defined by Section 215.140, if found to be on such premises after the notice has been affixed. The City Administrator may, upon written request, permit employees or agents of the owner or lease of the building to enter the building for repairs, to secure the building, or any other reasonable purpose.
2.
The City may seek injunctive relief from order of a court of
competent jurisdiction to restrain, correct, abate or prevent such
continued operation. In the event of the issuance of an injunction
or order by a court of competent jurisdiction, costs of such enforcement
proceedings, including reasonable attorney's fees, may be taxed
against the offending party. The remedies provided for in this Subsection
shall be in addition to all other costs and penalties prescribed under
this Chapter.
3.
Injunctive Relief For Unlawful Continuation Of Business. In
the event any business which is required to obtain an annual license
under this Chapter after having received written notice of failure
to obtain such license, or in the event the business continues to
operate following suspension or revocation of such license, the City
Attorney may, at the direction of the license officer, seek injunctive
relief from the Circuit Court or order of the Municipal Court to restrain,
correct, abate or prevent further operation of any such business or
nonprofit enterprise.
[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.
