[CC 1977 §18-1; Ord. No. 2334 §1, 1-13-1997; Ord. No. 3549, 6-21-2021]
A.
No
person, company, association or corporation shall within the City
conduct, exercise, carry on, deal in or engage in any occupation,
trade, business or avocation; including the offering for rent or lease
of any residential dwelling unit or units; being defined as single-family
homes, duplex homes, any building containing more than two (2) non-transient
dwelling units, any hotel, motel, or boarding room rented or leased
on a non-transient basis, manufactured homes, mobile homes, mobile
home vacant lots for rent or lease, modular homes, live/work units
as defined in adopted Building Code, or an RV used in a non-transient
manner; nor deal in, sell or keep any articles for sale or trade or
provide a service without first taking out a City license therefore
as provided in this Chapter. "Dwelling unit" shall
be defined as a single unit providing independent living facilities
for one (1) or more persons, including provisions for living, sleeping,
eating, cooking, and sanitation, including non-transient units without
full kitchens. "Transient" shall be defined as occupancy
of any dwelling or sleeping unit for less than thirty (30) days. "Boarding room" shall be defined as the non-transient rental
of one (1) or more rooms for the purposes of living, sleeping eating
and cooking. An "RV" shall be defined as a temporary
dwelling, not to be used as a permanent dwelling, but as temporary
living quarters for recreational, camping, travel or seasonal use.
B.
Proof
of a Missouri Tax ID number shall be required before issuance of a
business license.
C.
Any
license application for a new business or change of ownership of an
existing business shall require inspection and approval of the facilities
by City Codes Compliance Department prior to license being issued.
A.
There
is hereby established a license fee to be charged and collected as
hereinafter provided on any occupation, profession, trade, business
and avocation and on all persons who shall deal in or sell or offer
any service. Any person, company, association or corporation wishing
to do business shall first file an application with the City Collector
requesting a business license and such application shall be accompanied
by the fee established in the City's Comprehensive Schedule of Fees
per year as the licensing fee. In addition to the City business license
fee a supplemental fee for certain specific businesses or aspects
of business operation shall also be charged and collected. See the
City's Comprehensive Schedule of Fees.[2]
[Ord. No. 3650, 5-1-2023]
[2]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
[1]
Editor's Note: Ord. No. 3549 also changed the title of this
Section from "Tax Levied" to "Fee(s) Charged."
[CC 1977 §18-3; Ord. No. 2334 §1, 1-13-1997; Ord. No. 3549, 6-21-2021]
Any person, persons, firm, or corporation who is engaged in
two (2) or more occupations, trades, businesses, avocations, callings,
or pursuits shall take out a license for each of such occupations,
trades, business, avocations, callings or pursuits.
[CC 1977 §18-4; Ord. No. 2334 §1, 1-13-1997; Ord. No. 3549, 6-21-2021]
Every license issued under the provisions of this Chapter shall
be prominently displayed in some conspicuous location on the licensed
place of business. In the case of rental residential dwelling units
this license shall be kept at the office or address of the landlord
or landlord's agent.
[CC 1977 §18-5; Ord. No. 2334 §1, 1-13-1997; Ord. No. 3549, 6-21-2021]
A.
Every
license issued under the provisions of this Chapter shall name the
party to whom granted, date, expiration and where the business or
occupation is to be carried on. The licenses shall be signed by the
Mayor, the City Clerk, and countersigned by the Collector.
B.
Residential
dwelling unit or units' licenses also require a single completed license
application listing all individual unit or units' information, including
recorded legal ownership information and unit or units' location,
be submitted to the City.
[CC 1977 §18-6; Ord. No. 2334 §1, 1-13-1997; Ord. No. 3549, 6-21-2021; Ord. No. 3650, 5-1-2023]
No tax, license or fee shall be levied or collected from any
City or County farmer or producer for the sale of produce raised by
him/her; provided the City retains the right to designate where such
sales may be made. Any out-of-State farmer or producer shall be assessed
a license for farm product as established in the City's Comprehensive
Schedule of Fees.[1]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
[CC 1977 §18-7; Ord. No. 2334 §1, 1-13-1997; Ord. No. 3549, 6-21-2021]
A.
No
fee shall be charged or collected from the issuance of a license to
any business or entity so deemed as not-for-profit. Any such business
shall show required proof being a "current" certificate of good standing
issued by the Secretary of State's office.
B.
Upon
receipt of required proof of not-for-profit status, said business
license shall be issued at no charge.
[CC 1977 §18-8; Ord. No. 2334 §1, 1-13-1997; Ord. No. 3549, 6-21-2021; Ord. No. 3650, 5-1-2023]
All licenses shall expire on August 31 and failure to renew
by September 30 shall result in the assessment of a late penalty as
established in the City's Comprehensive Schedule of Fees[1] and can be subject to Municipal Court citation and summons pursuant to Section 605.090. Failure to renew may be subject to revocation of such license.
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
[CC 1977 §18-9; Ord. No. 2334 §1, 1-13-1997; Ord. No. 3258 §1, 11-4-2013; Ord.
No. 3549, 6-21-2021; Ord. No. 3640, 3-20-2023]
A.
Non-Compliance Or Violation A Misdemeanor. In addition to any other
penalties prescribed under this Chapter or any related Chapters, any
failure to comply with or any violation of any provision of this Chapter
shall be a misdemeanor and shall be punishable, upon conviction thereof,
by a fine as established in the City's Comprehensive Schedule of Fees[1] for each such offense. Each day such failure or non-compliance
shall continue shall constitute a separate offense.
[Ord. No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
B.
Suspension
Or Revocation. Any failure to comply with or any violation of any
provision of this Chapter may be cause for suspension or revocation
of such license. The suspension or revocation as provided under this
Section shall be in addition to any other penalties prescribed under
this Chapter.
1.
Suspension.
a.
Any failure to comply with or any violation of any provision
of this Chapter may be cause for suspension by the Municipal Court.
b.
Notice of the hearing for suspension of a license shall be given,
in writing, by the City Prosecutor setting forth specifically the
grounds of the complaint and the time and place of the hearing. Said
notice shall be mailed to the licensee or applicant at least five
(5) days prior to the date set for hearing and any decision to be
made by the Municipal Court with respect to said suspension. All decisions
of the Municipal Court following the hearing shall be final.
c.
The City can toll the suspension of a business license, upon
the licensee or applicant's request and in the event the licensee
or applicant makes a good faith showing that he/she is disputing the
taxes at issue or is actively attempting to negotiate an agreement
resolving the delinquent sales tax payments with the Department of
Revenue. The decision to toll the suspension or revocation of a business
license is in the sole discretion of the Municipal Court.
d.
No suspension shall last for longer than ninety (90) days.
2.
Revocation.
a.
After any sixty-day consecutive period that a licensee or applicant's
business license has been suspended as a result of a violation of
this Chapter, may be cause for revocation of such license by the Municipal
Court.
b.
Any failure to comply with or any violation of any provision
of this Chapter may be cause for revocation of such license by the
Board of Aldermen upon its own recommendation or the recommendation
of the City Administrator for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license;
(2)
Fraud, misrepresentation or false statement made
in the course of carrying on his/her business within the City of Harrisonville;
(3)
Any violation of this Chapter;
(4)
Failure to pay sales tax or in any way allowing
the sales tax for the business to become delinquent;
(5)
Conviction of any crime or misdemeanor involving
moral turpitude; or
(6)
Conducting of business in an unlawful manner so
as to constitute a breach of the peace or menace to health, safety
or general welfare of the public.
c.
Notice of the hearing for revocation of a license shall be given,
in writing, by the City Prosecutor setting forth specifically the
grounds of the complaint and the time and place of the hearing. Said
notice shall be mailed to the licensee or applicant at least five
(5) days prior to the date set for hearing and any decision to be
made by the Municipal Court with respect to said revocation. All decisions
of the Municipal Court following the hearing shall be final.
C.
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 suspension or revocation of such license pursuant to Subsection 605.090(B) hereof, the City Administrator, the City Clerk, the Board of Aldermen, the Mayor, City Prosecutor or any other official authorized to enforce City license ordinances may seek injunctive relief from the Circuit Court or an order of the Municipal Court 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 may be taxed against the offending party. The remedies provided for by this Subsection (C) shall be in addition to all other costs and penalties prescribed under this Chapter.
D.
Payment Of Past-Due Fees. All individuals, firms, partnerships, corporations, or any other person shall be required to pay all past-due business fees owed to the City before obtaining a new business license. This Section 605.090 is to address the issue of owner(s) opening a new business within the City without first paying all past-due business license fees. If the City, in its reasonable discretion, believes an individual owes past-due business license fees to the City, the City reserves the right to deny any and all future business licenses until the past-due fees are paid in full.
[CC 1977 §12-2; Ord. No. 2502 §§1 — 4, 6-8-1998; Ord. No. 3124 §1, 1-18-2010; Ord. No. 3549, 6-21-2021]
A.
Residential
dwelling unit buildings and units building up to and including four
(4) units, are inspected every three (3) years by the Building and
Codes Division of the Public Works Department. Inspections will be
of the exterior of the property for fire and life safety and property
maintenance. Smoke and carbon monoxide alarms are confirmed by landlords
or landlord agents on the respective licenses' application form. Interior
inspections are available for no fee upon request of landlord or landlord
agents.
The Harrisonville Emergency Services Department shall inspect
the premises of all places of business, other than home occupations
as provided by the City Zoning Regulations and residential dwelling
units as noted above, for compliance with City ordinances as determined
by the Harrisonville Emergency Services Department. Such inspection
will be performed prior to the yearly renewal of the City's business
license.
B.
Inspections
shall be performed with the coordination of the business so as to
not interfere with peak business hours.
C.
Any
violations noted by the inspection shall be cause for rejection of
the application to renew the annual business license until such violations
are corrected.
D.
In
the case of license renewals, if the violations have not been corrected,
the Fire Chief or Director of Codes Administration may authorize a
temporary business license as deemed appropriate.
