[Ord. No. 12-2020, 9-28-2020]
Excepting those professions, businesses or occupations listed in Section 71.620, RSMo., no merchant, business or occupation as defined in this Chapter shall do or offer to do business in the City without first having made application for, procured and paid for a license to do so as required herein. Any person desiring to have a home occupation as provided for in Section 405.150 of this Code must first make application for, procure and pay for an expanded business license as required herein.
[Ord. No. 12-2020, 9-28-2020]
A.
Prerequisites.
No license shall be issued to any merchant, business or occupation
until all financial obligations, including personal property taxes,
other license fees, permit fees or inspection fees, required to have
been paid by such merchant, business or occupation to the City have
been paid. Additionally, no license shall be issued to any merchant,
business or occupation until the State of Missouri has confirmed that
a retail sales license (if required) has been obtained by the merchant,
business or occupation and that no tax is due pursuant to the provisions
of Section 144.083, RSMo. Towing companies shall maintain insurance
in accordance with Section 304.154, RSMo.
B.
Standards.
The City may deny or refuse to grant or renew a license under the
provisions of this Chapter for any of the following reasons, in addition
to any other reason specified in this Chapter:
1.
Any failure to comply with, or any violation of any provisions of
this Chapter by any licensee.
2.
Violation of any ordinance, license, permit or regulation of the
City pertaining to the business, activity or thing licensed.
3.
Failure of the licensee to pay any tax or obligation due to the City.
4.
Illegal or improper issuance of the license.
5.
Any misrepresentation or false statement in the application for such
license.
6.
Causing, maintaining or assisting in the cause or maintenance of
a nuisance, whether public or private. For the purpose of this Chapter,
a "nuisance" is defined as follows: anything done to the annoyance or hurt of the lands, tenements, or hereditaments of another. By hurt or annoyance, there is meant not a physical injury necessarily, but an injury to the health, comfort or welfare of this owner or possessor of the property as respects his/her possession or enjoyment of his/her property or anything constituting a nuisance under Chapter 220 of the Code.
[Ord. No. 12-2020, 9-28-2020]
A.
Businesses, Occupations And Merchants Categorized By Amount Of Gross Receipts — Certification. The amount of the license fee, except as expressly provided in Subsection (B) of this Section, shall be based upon gross receipts within the following categories:
1.
Category No. 1: A business, occupation or merchant with less than
twenty-five thousand dollars ($25,000.00) in gross receipts in the
license year: $15.00.
2.
Category No. 2: A business, occupation or merchant with gross receipts
from twenty-five thousand dollars ($25,000.00) to three hundred thousand
dollars ($300,000.00) in the license year: $35.00.
3.
Category No. 3: A business, occupation or merchant with more than
three hundred thousand dollars ($300,000.00) in gross receipts in
the license year: $50.00.
[Ord. No. 13-2021, 5-24-2021]
B.
Businesses,
Occupations And Merchants Categorized By Type. The following businesses,
occupations and merchants shall have the following license fees:
[Ord. No. 13-2021, 5-24-2021]
|
Business, Occupation, Merchant
|
Annual License Fee
|
|---|---|
|
Banks
|
$100.00
|
|
Contractors
|
$50.00
|
|
Pool Halls
|
$50.00
|
|
Auctioneers maintaining a business office in the City
|
$50.00
|
|
Finance Companies and Loan Offices
|
$50.00
|
|
Real Estate and Rental Companies maintaining a business office
in the City
|
$50.00
|
|
Undertakers
|
$50.00
|
|
Exterminators
|
$50.00
|
|
Insurance Agents maintaining a business office in the City
|
$35.00
|
|
Bookkeepers and Tax Consultants
|
$35.00
|
|
Taxicab Businesses
|
$35.00 + ($7.50 per cab)
|
|
Hand distributors
|
$2.00 per distributor per day
|
|
Retail peddlers or drummers
|
$35.00 per peddler or drummer
|
|
Carnivals or Circuses
|
$15.00 per day
|
|
Kennels
|
$35.00
|
C.
Businesses
In More Than One (1) Category. If any business is owned and operated
out of one (1) location within the City limits and falls within more
than one (1) category of the license categories set out within this
Section, then the business shall pay only (1) license fee, that being
the highest fee within this Section that applies to that business.
[Ord. No. 12-2020, 9-28-2020]
Each license granted by the City shall be carefully preserved
and shall be displayed in a conspicuous place in the place of business
authorized to be conducted by such license.
[Ord. No. 12-2020, 9-28-2020]
Each applicant for whom a license tax is provided by this Article,
the amount of which license tax is to be computed upon the annual
gross receipts of such applicant, shall furnish the City prior to
the first day of July of each year commencing with the year 2021,
a correct statement, in writing, of the amount of his/ her annual
gross receipts, which statement, to the extent allowed by law, shall
not be made public nor used by the City except for the purpose of
establishing a correct basis for fixing and collecting the amount
of the license tax and except for the purpose of protecting violations
of this Chapter. All books and accounts showing such annual gross
receipts shall be open to the inspection of the City Officials charged
with the duty of issuing the license required by this Chapter and
collecting the fee for same, and the issuance of any such license
may be withheld until all the requirements have been fulfilled. Such
statement shall be verified by the affidavit of the merchant, business
or occupation or offer thereof making it, if residing within the City,
or, if not a resident, then by some credible person duly authorized
to do so.
[Ord. No. 12-2020, 9-28-2020]
No applicant shall make a false statement in his/her application
for any license of a merchant, business or occupation as to his/her
gross annual business or annual gross receipts, or as to any other
condition or factor upon which the license fee or the granting of
the license is or shall be based.
[Ord. No. 12-2020, 9-28-2020]
A.
Collection
Of License Fees. It shall be the duty of the City Treasurer to collect
all money for licenses issued pursuant to this Chapter.
B.
Issuance
Of Licenses. Upon receipt of any license fee required by this Chapter,
the City Treasurer shall deliver to the licensee a license signed
by the City Clerk and countersigned by the Mayor, which license shall
show the amount paid for the license.
C.
Form
Of Licenses. Licenses issued pursuant to this Chapter shall be in
such form as may be devised or approved by the City Attorney.
D.
Register
Of Licenses. The City Clerk shall keep an accurate register of all
licenses issued under the provisions of this Chapter in such form
as will clearly show what licenses are in force, to whom issued, the
business for which issued, and the amount paid. The City Treasurer
shall furnish to the City Clerk such information as is required by
the City Clerk to enable him/her to keep such register.
[Ord. No. 12-2020, 9-28-2020]
No license granted under the provisions of this Article or any
other ordinance of this City shall be assignable or transferable.
In no circumstances will refunds be made. No City license shall authorize
or protect the operation of more than one (1) business, vocation or
establishment.
[Ord. No. 12-2020, 9-28-2020]
A.
Reasons.
Any license issued by the City under the provisions of this Chapter
may be revoked for any of the following reasons, in addition to any
other reason specified in this Chapter:
1.
Any failure to comply with, or any violation of any provisions of
this Chapter by any licensee.
2.
Violation of any ordinance, license, permit or regulation of the
City pertaining to the business, activity or thing licensed.
3.
Failure of the licensee to pay any tax or obligation due to the City.
4.
Illegal or improper issuance of the license.
5.
Any misrepresentation or false statement in the application for such
license.
6.
Causing, maintaining or assisting in the cause or maintenance of
a nuisance, whether public or private. For the purpose of this Chapter,
a "nuisance" is defined as follows: anything done to the annoyance or hurt of the lands, tenements, or hereditaments of another. By hurt or annoyance, there is meant not a physical injury necessarily, but an injury to the health, comfort or welfare of this owner or possessor of the property as respects his/her possession or enjoyment of his/her property or anything constituting a nuisance under Chapter 220 of the Code.
B.
Procedure.
In any case in which a complaint or petition shall be made to the
City Council that cause exists for the revocation of a license issued
under the provisions of this Chapter, the following procedure shall
govern:
1.
The City Council shall set a hearing to consider the question of
revocation.
2.
At least ten (10) days prior to such hearing, written notice shall
be mailed by certified mail to the licensee at his/her last known
address as shown in the records of the City Clerk, advising the licensee
of the time and place of the hearing and of the reason for considering
the revocation of his/her license.
3.
During the pendency of the hearing before the City Council, the licensee
shall be permitted to continue the operation of his/her business.
4.
At the hearing set by the City Council, the Council shall hear all
relevant evidence justifying the revocation of the license and all
relevant evidence justifying the retention of the license. At the
hearing, licensee may put on witnesses, introduce evidence, and shall
have the right to counsel.
5.
The affirmative vote of a majority of a quorum of the City Council
shall be necessary to revoke any license.
6.
A proper record as defined in Section 536.130, RSMo., shall be maintained
of the hearing provided for in this Section and the licensee shall
be entitled to appeal such decision of the City Council to the Circuit
Court of Pike County, as provided for in Sections 536.100 to 536.140,
RSMo.
C.
Revocation
of any license shall be in addition to any other penalty or penalties
prescribed in this Code or other City ordinances.
D.
Upon
discovery of any violation of the above by any City employee, it should
be reported to the Police Department in a timely manner.
