A.
It
shall be unlawful for any person, firm or corporation to engage in
any business or occupation in the Village of Marlborough without having
first applied for and obtained a license to conduct such business
or occupation from the Village Clerk and without paying the license
fee therefor, all as provided for in this Chapter.
B.
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 Village 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.
[Ord. No. 361 §3, 2-2-1998]
An application for such license shall be in writing, signed
by the applicant, addressed to the Board of Trustees of the Village
of Marlborough and said application shall contain the name and address
of the applicant, address of the premises upon which such applicant
intends to operate and conduct the business for which the license
is desired, also the type or nature of the said business. The annual
license fee shall be fifty dollars ($50.00) a year payable in advance
at the commencement of each and every year, which sum shall represent
the payment of five dollars ($5.00) a month while in operation. There
shall be a late fee of ten dollars ($10.00) per month for any license
not paid when due. Should the licensee at any time surrender said
license voluntarily, then the unearned portion shall not be returned
to said licensee by the Village Clerk.
[Ord. No. 361 §4, 2-2-1998]
The applicant shall present the application with the license
fee herein provided to the Village Clerk who shall transmit said application
to the Chairman of the Board of Trustees forthwith, and thereupon
the Chairman shall submit said application to the Board of Trustees
at the next meeting of the Board. If and when the Board finds the
application to be in proper form and that the business for which the
applicant desires a permit is a lawful one, the Board of Trustees
shall instruct the Village Clerk to issue a license authorizing the
applicant to do business at the place specified in said application
for a period of twelve (12) months. Said license shall be in form
as follows, to wit:
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The Village of Marlborough, to all who shall see these presents,
greetings:
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Know ye that _________________________ is hereby authorized
to do business at _________________________ for twelve (12) months
ending the __________ day of _________________________ next.
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In testimony whereof, I, _________________________, Village
Clerk, have affixed the Seal of said Village this __________ day of
_________________________, 20_____.
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Village Clerk
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No license issued under the provisions of this Chapter shall
be assignable or transferable but shall apply only to the person to
whom same is issued. In the event any licensee, as provided for herein,
shall move his/her place of business from one location to another
location within the Village, said licensee shall submit a statement
of the fact of such change to the Village Clerk who may transfer such
license as to location only. In no event, however, shall such license
be transferred from one person to another or from the kind of business
or occupation originally licensed to another type of business or occupation.
The term of the licenses issued pursuant to the provisions of
this Chapter shall be from July first (1st) of one (1) year to June
thirtieth (30th) of the succeeding year. In the event any licensee
hereunder shall commence business on or after January first (1st),
the Village Clerk shall issue such license at the rate of one-half
(½) of the license fee for such six (6) month period of January
first (1st) to June thirtieth (30th) or fraction thereof.
All applications for renewal of a license provided for herein
shall be filed no later than June first (1st) of each year.
Each license issued by the Village under the provisions of this
Chapter shall be carefully preserved and shall be displayed in a conspicuous
place in the place of business authorized to be conducted by said
license. If there is no place of business, said license shall be carried
on the licensee's person.
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, podiatrist, or physician or surgeon
in this Village 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 Village 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
Village of Marlborough.
[Ord. No. 19-588, 6-10-2019]
A.
It
shall be the policy of the Village of Marlborough to issue no more
than one (1) Business License at any given time to an establishment
seeking to operate a Tattoo Facility (as defined in 405.010), unless
further issuance is required to be permitted by law, and then, only
to the extent required by law and subject to all requirements of such
a facility in the Zoning Regulations of the Marlborough Village Code.
B.
At
any time where a Tattoo Facility is lawfully operating in the Village
no other Business License for a Tattoo Facility shall be issued unless
and until operation of the pre-existing Tattoo Facility shall have
ceased, unless further issuance is required to be permitted by law,
and then, only to the extent required by law and subject to all requirements
of such a facility in the Zoning Regulations of the Marlborough Village
Code.
[Ord. No. 19-599, 12-9-2019]
A.
Definitions.
As used herein, the term "used motor vehicle dealer(s)" shall have the same meaning ascribed in Section 301.550(18), RSMo.,
as amended.
B.
License Required. Operation within the Village of Marlborough as a used motor vehicle dealer shall require, at all times, a valid business license, issued by the Village. The applicant shall present the application for a business license to the Village Clerk pursuant to Section 605.030 of the Municipal Code of the Village of Marlborough and shall make clear their intention to operate as a used motor vehicle dealer at the time of such application. The Village Clerk shall transmit said applications to the Chairman of the Board of Trustees forthwith, and thereupon the Chairman shall submit said application to the Board of Trustees at the next meeting of the Board. If and when the Board finds the application to be in proper form, in compliance with all provisions herein, and that the business for which the applicant desires a permit is a lawful one, the Board of Trustees shall instruct the Village Clerk to issue a license authorizing the applicant to do business at the place specified in said application for a period of twelve (12) months.
C.
Proof
Of State License. No business license to operate within the Village
as a used motor vehicle dealer shall issue unless, in addition to
all other applicable requirements for business licenses generally,
the applicant provides proof of a valid motor vehicle dealer license
issued by the State of Missouri. Continued operation within the Village
shall always require such State licensure to remain valid.
E.
Limit
On Number Of Licenses For Used Motor Vehicle Dealers. Notwithstanding
anything herein to the contrary, no application for a business license
may be accepted for an applicant desiring to operate as a used motor
vehicle dealer in the Village, nor may a license be issued to any
applicant, unless there exists less than two (2) used motor vehicle
dealers operating pursuant to lawful business licenses validly issued
and outstanding within the Village at the time of such application
unless and until operation of one (1) or more of the pre-existing
used motor vehicle dealers shall have ceased, or unless further issuance
is authorized by the amendment of this Section or the passage of new
legislation concerning such licensure by the Village Board of Trustees.
A.
Any
license issued by the Village pursuant to the provisions of this Chapter
may be revoked by the Board of Trustees 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 Village regulating the
business, occupation or activity licensed, or the Statutes of the
State of Missouri by any licensee.
2.
Violation of the terms and conditions upon which the license was
issued.
3.
Failure of the licensee to pay any tax or obligation due to the Village.
4.
Any misrepresentation or false statement in the application for a
license required herein.
5.
Failure to display the license required herein.
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Revocation of any license shall be in addition to any other
penalty or penalties which may be imposed pursuant to these provisions.
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A.
In
any case in which a complaint has been made to the Board of Trustees,
or in which the Board of Trustees 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 Board of Trustees 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 Village
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 Board of Trustees,
the licensee shall be permitted to continue the operation of his/her
business.
4.
At the hearing set by the Board of Trustees, the Board of Trustees
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 Board of Trustees shall
vote on the issue of whether the subject license shall be revoked.
7.
The affirmative vote of a majority of the Board of Trustees shall
be necessary to revoke any license.
