[R.O. 2012 §605.010; CC 1979 §15-1; Ord. No. A-1361 §1, 12-31-1953]
No person, either as principal or agent, shall pursue, conduct,
carry on or operate within the City any trade calling, business, vocation,
occupation or profession named in this Chapter without first obtaining
a license therefor and without paying in advance the license fee prescribed
in this Chapter.
A.
No person
following for a livelihood the profession or calling of minister of
the gospel, duly accredited Christian Science practitioner, teacher,
professor in a college, priest, lawyer, certified public accountant,
dentist, chiropractor, optometrist, chiropodist, or physician or surgeon
in this City shall be taxed or made liable to pay any municipal or
other corporation tax or license fee of any description whatever for
the privilege of following or carrying on such profession or calling,
and after December 31, 2003, no investment funds service corporation
as defined in Section 143.451, RSMo., may be required to pay any such
license fee in excess of twenty-five thousand dollars ($25,000.00)
annually, any law, ordinance or Charter to the contrary notwithstanding.
B.
No person
following for a livelihood the profession of insurance agent or broker,
veterinarian, architect, professional engineer, land surveyor, auctioneer,
or real estate broker or salesman in this City shall be taxed or made
liable to pay any municipal or other corporation tax or license fee
for the privilege of following or carrying on his/her profession unless
that person maintains a business office within the City of Monett.
All other professiona, businesses, vocations, occupations and professions as defined in Section 94.110, RSMo., and not listed in Section 605.015 as exemptions will be charged a license fee in the amount of fifteen dollars ($15.00).
[R.O. 2012 §605.050; CC 1979 §15-5; Ord. No. A-1361 §2, 12-31-1953; Ord. No. A-4216 §1, 11-3-1980; Ord. No. A-4809 §1, 11-10-1986; Ord. No. A-6609 §605.050, 12-16-1997]
A.
Merchant Defined. Any person who shall deal in the selling of goods, wares or merchandise at retail or wholesale, at any store, stand or place occupied for that purpose within the City, is hereby declared to be a merchant for the purposes of this Chapter; provided, that this Section shall not apply to those persons designated and required to obtain a license under Section 605.020 or any other Section of this Chapter.
B.
Fees. Every person dealing as a merchant shall pay an annual
license fee as follows:
1.
For
a merchant who carries a stock that has been assessed under the last
City assessment at $1,000.00 or less: $15.00
2.
For
a merchant who carries a stock that has been assessed under the last
City assessment at more than $1,000.00 and less than $2,500.00: $20.00
3.
For
a merchant who carries a stock that has been assessed under the last
City assessment at $2,500.00 or more: $25.00
4.
In the
event a person desiring a license as a merchant has a stock which
was not included in the last City assessment, for the purposes of
determining the license fee under this Section, the assessed value
shall be deemed to be the reasonable value of the stock with which
such person shall commence business as a merchant, and the license
fee shall be computed in accordance with the schedule set forth in
this Subsection.
[R.O. 2012 §260.160; CC 1979 §12-26; Ord. No. A-2564 §H, 7-29-1968]
It shall be unlawful for any person to operate a food service
establishment within the City, or its police jurisdiction, who does
not possess a valid permit issued to him/her by the Health Authority.
Only a person who complies with the requirements of this Section shall
be entitled to receive and retain such a permit. Permits shall not
be transferable from one (1) person to another person or place. A
valid permit shall be posted in every food service establishment.
Permits for temporary food service establishments shall be issued
for a period of time not to exceed fourteen (14) days.
[R.O. 2012 §605.060; CC 1979 §15-6; Ord. No. A-1361 §2, 12-31-1953]
Every applicant for a license to be issued under this Chapter
shall make written application therefor, verified by oath, which application
shall set forth in detail all information concerning the business,
trade, calling, occupation or profession for which the applicant desires
a license and all information necessary for determining the license
fee applicable.
[R.O. 2012 §605.065(B — C); Ord.
No. A-6603 §§1 — 3, 11-19-1997]
A.
Each
applicant for a business license under this Chapter shall submit a
statement from the Missouri Department of Revenue pursuant to Section
144.083.4, RSMo., stating no tax is due, which statement is a prerequisite
to the issuance or renewal of a City business license. The statement
required by this Section shall be dated within ninety (90) days of
submission of the business license application or renewal application.
B.
Any person,
firm or corporation failing to provide proof of payments of such sales
tax shall not be issued a City business license until such time as
said State and City sales taxes and penalties and interest thereof
are fully paid and the Department of Revenue for the State of Missouri
certifies that same are fully paid.
C.
Any person,
firm or corporation, upon initial application for a merchant's license
in the City of Monett, Missouri, must show proof to the City Clerk
that a State sales tax identification number has been obtained in
the name of the person, firm or corporation, making application of
the merchant's license.
[R.O. 2012 §605.070; CC 1979 §15-7; Ord. No. A-1361 §3, 12-31-1953; Ord. No. 7593 §1, 8-22-2005]
All licenses issued under this Chapter shall be issued by the
City Clerk. No license shall be issued until the license fee prescribed
therefor shall be paid in full to the City. All fees so paid shall
be credited to the general funds of the City.
[R.O. 2012 §605.080; CC 1979 §15-8; Ord. No. A-1361 §4, 12-31-1953]
No license under this Chapter shall be assigned or transferred.
[R.O. 2012 §605.090; CC 1979 §15-9; Ord. No. A-1361 §5, 12-31-1953]
All persons obtaining licenses shall keep the same posted in
their places of business in such a manner as to expose the same to
public view. When a licensee has no regular place of business, he/she
shall exhibit his/her license to any person upon demand.
[R.O. 2012 §605.100; CC 1979 §15-10; Ord. No. A-1361 §6, 12-31-1953]
Every person who shall carry on a business at two (2) or more
different places shall secure a license for each place of business.
[R.O. 2012 §605.110; CC 1979 §15-11; Ord. No. A-1361 §7, 12-31-1953]
All licenses issued under this Chapter shall be for a period
of one (1) year and shall only be valid during the continuous operation
of the business. All annual licenses shall expire one (1) year from
the date of issuance.
A.
Any license
issued by the City pursuant to the provisions of this Chapter may
be revoked by the City Council for any of the following reasons, as
well as for any other reasons specified in this Chapter:
1.
Any
failure to comply with or any violation of any provisions of this
Chapter, or any other ordinance of the City regulating the business,
occupation or activity licensed, or the Statutes of the State of Missouri
by any licensee; or
2.
Violation
of the terms and conditions upon which the license was issued; or
3.
Failure
of the licensee to pay any tax or obligation due to the City; or
4.
Any
misrepresentation or false statement in the application for a license
required herein; or
5.
Failure
to display the license required herein.
|
|
Revocation of any license shall be in addition to any other
penalty or penalties which may be imposed pursuant to these provisions.
|
A.
In any
case in which a complaint has been made to the City Council, or in
which the City Council have on their own determined that cause may
exist for the revocation of a license under the provisions of this
Chapter, the following procedures shall be followed:
1.
The
City Council shall set a date for a hearing to consider the question
of revocation.
2.
At least
ten (10) days prior to said hearing, written notice shall be mailed
to the licensee, by registered mail, return receipt requested, to
his/her last known address as shown in the records of the City Clerk
advising the licensee of the time, date and place of hearing and of
the reason for considering the revocation of his/her license.
3.
During
the pendency of this 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 City Council shall hear all relevant
and material evidence justifying the retention of the license.
5.
The
licensee may be present in person and/or by his/her attorney and may
present evidence.
6.
After
hearing the evidence presented, the City Council shall vote on the
issue of whether the subject license shall be revoked.
7.
The
affirmative vote of a majority of the City Council shall be necessary
to revoke any license.
A.
All license
fees not paid to the City by the person required to remit the same
on the date when the same becomes due and payable to the Director
of Revenue shall bear interest at the rate determined by Section 32.065,
RSMo., from and after such date until paid.
B.
In case
of failure to apply for any license fee required by this Chapter on
or before the date prescribed therefor, determined with regard to
any extension of time for making an application, unless it is shown
that such failure is due to reasonable cause and not the result of
willful neglect, evasion or fraudulent intent, there shall be added
to the amount required to be shown as tax on such return five percent
(5%) of the amount of such tax if the failure is not for more than
one (1) month, with an additional five percent (5%) for each additional
month or fraction thereof during which such failure continues, not
exceeding twenty-five percent (25%) in the aggregate.
C.
In case
of failure to pay the full amount of any license fee due hereunder
on or before the date prescribed therefor, determined with regard
to any extension of time for payment, unless it is shown, by the applicant,
that such failure is due to reasonable cause and not the result of
willful neglect, evasion or fraudulent intent, there shall be added
to the tax an amount equal to five percent (5%) of the deficiency.
The City shall, upon request by a taxpayer, apprise the taxpayer of
the factual basis for the finding of negligence, or the specific rules
or regulations disregarded if the City assesses a penalty under this
Subsection.
