[Ord. No. 1262 §3, 11-5-1991]
No person, firm or corporation shall carry on or operate, maintain
or engage in the business of operating a rock quarry or mining or
extracting rock or other minerals from the ground within the limits
of the City without first obtaining a license, which shall be issued
by the City to such person, firm or corporation upon proper application
being made therefor and payment of the fee prescribed by the Board
of Aldermen. No such license shall be transferrable or assignable.
Any license that is issued to a designated location shall not be used
for any other location unless the permission of the Board of Aldermen
shall have been obtained for such change.
[Ord. No. 1262 §3, 11-5-1991]
The license application shall be accompanied by proof satisfactory
to the Board of Aldermen that such licensee has public liability insurance
with some insurance company acceptable to the Board of Aldermen, in
an amount not less than one million dollars ($1,000,000.00) and carrying
the provision that said insurance company shall agree to notify the
City at least ten (10) days before any cancellation of such policy.
Licensee shall either replace any canceled liability insurance immediately
or the license hereby granted shall terminate.
[Ord. No. 1262 §3, 11-5-1991]
The fee for such occupation license shall be the sum of one
thousand dollars ($1,000.00) per year, payable in advance, plus a
fee equal to ($.03) per ton for each ton of limestone sold or physically
removed from the mine property. The tonnage fee shall be paid on August
first (1st) and February first (1st) each year.
[Ord. No. 1262 §3, 11-5-1991]
The term of the license shall be from June first (1st) of one
year until May thirty-first (31st) of the following year except as
prescribed herein.
[Ord. No. 1262 §3, 11-5-1991]
The lump sum fee shall be pro-rated for the balance of the year
remaining before the next date of the regular issuance of occupational
license hereunder, on a quarter (¼) year basis. The fee to
be tendered at the time of the original application by each applicant
shall be determined by the quarter (¼) of the license year
in which the application is made.
[Ord. No. 1262 §3, 11-5-1991]
In determining the fee due the City, the licensee shall make
its records of tonnage sold available to an appropriate representative
of the City for inspection upon request; provided however, if the
licensee shall have been required by the terms of any lease or agreement
to certify tonnage of limestone sold or removed from the mine site
to any lessor or licensor, and if licensee shall have provided certified
records of tonnages sold as set forth in said lease or agreement which
have been accepted in writing by a certified public accountant of
the lessor or licensor, such certified record shall be deemed to be
an acceptable record of tonnage sold for the basis of the fee or charge
to be made by the City of Parkville under the provisions of this Chapter.
[Ord. No. 1262 §3, 11-5-1991]
The City Collector shall issue any such license in such form
as shall have been prescribed by the Board of Aldermen.
[Ord. No. 1262 §3, 11-5-1991]
The City Collector shall issue such license subject to the licensee's
compliance with all zoning requirements and shall have the power to
revoke any license for failure to comply with the zoning requirements.
[Ord. No. 1262 §3, 11-5-1991]
Deliberate violation of the terms of this Chapter shall be punishable
by a fine not to exceed five hundred dollars ($500.00), or imprisonment
for not more than ninety (90) days for each offense. Each day's operation
of such business without having obtained the necessary license as
provided for herein shall constitute a separate violation. Nothing
in this Section shall be construed to prohibit the City from prosecuting
a civil action to collect unpaid license fees.