Village of Airport Drive, MO
Jasper County
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Table of Contents
Table of Contents
[CC 1995 §§54.010, 19-42]
A. 
It shall be unlawful for any person, either directly or indirectly, to conduct any business or to use in connection therewith any vehicle, premises, machine or device for which a license is required by this Chapter without the license so required having been first procured and thereafter kept in effect at all such times as required by this Code or other ordinance.
B. 
No person shall engage in business as a public utility in the Village without first obtaining a license or knowingly make a false statement in the application for such license.
[CC 1995 §54.020]
A. 
For each business required by this Chapter to be licensed, a separate license shall be obtained.
B. 
A person engaged in two (2) or more businesses at the same location shall not be required to obtain a separate license for each business but, when eligible, shall be issued one (1) license which shall specify on its face all such businesses.
[CC 1995 §54.030]
When any person engages in two (2) or more businesses at the same location under one (1) license as authorized in Section 605.020(B), he/she shall pay a license fee equal to the sum of all the fees for each business so licensed.
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 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 Airport Drive.
[CC 1995 Supplementary Schedule §A — Licenses; Ord. No. 75-51, 4-28-1975; Ord. No. 05-18, 5-24-2018; Ord. No. 10-19, 8-22-2019]
Except as otherwise indicated herein, the annual schedule of license fees and classification of occupations, trades, pursuits, businesses and vocations shall be as follows:
Advertising agency
$75.00
Advertising sign companies, painting and construction
$15.00
Amusements and recreation:
Miniature golf
$15.00
Antique shops
$25.00
Auctioneers and auction houses:
Single auction, per day
$15.00
Automobile companies or dealers dealing in used motor vehicles, with or without used or new tires, parts and accessories: the fee as provided in this Code with a minimum license fee of $75.00 per year in any case.
Automobile leasing for each car
$6.00
Automobile parking lots or storage garages:
Capacity of less than 20 vehicles
$20.00
Capacity of 20 to 40 vehicles
$30.00
Capacity of over 40 vehicles
$40.00
Automobile parts sales, new and used:
Garage-repair shop
$15.00
Barbershops or styling shops
$15.00
Beauty shops
$15.00
Bill posters:
The fee as provided in this Code, with a minimum license fee of seventy-five dollars ($75.00) per year in any case.
Brokers, commission, consignments and merchants (except livestock)
$35.00
Carpet and rug cleaning works (materials or products sold)
$15.00
Coal dealers, wholesale or retail:
The fee as provided in Code, with a minimum license fee of $50.00 in any case.
Coin-operated devices:
Operator's license for any type of amusement machine
$25.00
In addition to the operator's license fee, the following shall be paid:
For each amusement machine
$ 5.00
Operator's license for mechanical vending machines or weighing machines
$10.00
In addition to the operator's license fee, the following shall be paid:
$1.00
For each vending machine
Contractors:
General Contractors License
$100.00
All other Contractors, including Subcontractors License
$75.00
Convenience stores
$17.50
Dance studios
$15.00
Discount surplus stores
$50.00
Drug stores
$35.00
Fireworks sales
$25.00
Flower shops
$15.00
Furniture store and appliances
$35.00
Furniture sales
$15.00
Garage or mechanical repair shop
$10.00
Garage body shop
$10.00
Gift shops
$15.00
Hawker or job operator
$25.00
Temporary selling retail direct to consumers outside of established business buildings by other than established businesses.
Ice cream stands
$15.00
Ice cream vendor
$15.00
Implement dealers
$ 5.00
Junk and salvage dealers
$75.00
Jewelry store
$50.00
Kennels (animal sales and pet accessories)
$25.00
Liquidation sales--business
$25.00
Manufacturers, generally:
The fee will be a minimum of $100.00 per year in any case, except as otherwise provided by ordinance.
Machinery sales (metal or woodworking)
$15.00
Medical Marijuana Facilities (all) with a permanent business address within the Village of Airport Drive shall pay the following fees:
Site review permit (Medical Marijuana related use):
$500.00
Medical Marijuana Cultivation Facility
$500.00
Medical Marijuana Dispensary Facility
$500.00
Medical Marijuana-Infused Products Manufacturing Facility
$500.00
Medical Marijuana Test Facility
$500.00
Merchants, generally:
The fee will be a minimum of $25.00 per year in any case, except as may be otherwise provided by ordinance. Every person who shall deal in the selling to others at retail, wholesale or for the purpose of resale, any goods, wares or merchandise in any store, stand or place of business occupied for that purpose within the Village is hereby declared to be a merchant, except as is or may be otherwise provided by this Code or other ordinance of the Village; provided however, that in computing any license fee under this Article for any individual, partnership, society, association, joint stock company, corporation, firm or estate or any receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise or any combination of the above.
Merchants, selling goods from hotel or motel room, per day
$25.00
Mobile home sales
$50.00
plus, each unit on display
$5.00
Motor vehicle salvage merchants
$200.00
Nursery and lawn items
$15.00
Pawnbrokers
$50.00
Peddlers (except for foodstuffs):
Per week
$15.00
Per month
$50.00
Peddlers of foodstuffs (except growers peddling own foodstuffs):
From vehicles, stands or open air displays
$25.00
plus, per month
$2.00
Pest control
$25.00
Pharmacy
$50.00
Photographers
$25.00
Plumbers, shop with retail sale and service
$75.00
Printing establishments, newspaper publishers, publishing companies or publishing houses
$25.00
Restaurants, cafes, etc., (whether operated with or as a part of a hotel or otherwise):
With a seating capacity of less than 25 persons
$10.00
With a seating capacity of 25 to 50 persons
$20.00
With a seating capacity of 51 persons or over
$40.00
Dine in, no seating (carry out)
$10.00
Dine in, with less than a seating capacity of 25 persons (carry out)
$25.00
Dine in, with a seating capacity of 25 to 50 persons, (carry out)
$35.00
Dine in, with a seating capacity of more than 50 persons
$50.00
Service stations (full and self-service):
gasoline products only
$15.00
Shows, circuses, etc.:
For each motion picture house having a seating capacity of not to exceed 1,000 persons
$56.00
For each photoplay house or theater, having a seating capacity exceeding one thousand (1,000) persons
$100.00
Every person owning, operating, conducting or exhibiting the following shows shall pay a license fee as follows:
Dog, pony or animal shows; rodeos; other transient shows or exhibitions, per day
$25.00
Carnivals, per ride, per day
$5.00
The Chairman, upon written application of a charitable civic organization, may waive the license fee prescribed in this Subsection for carnival rides and shows, where the organization's share of the proceeds are to be used for civic or charitable purposes as specified in said written application. Such waiver shall not exceed the period of eight (8) days or more than one (1) waiver per organization each calendar year. In the event of denial of waiver upon application to the Village Manager, appeal may be taken to the Village Council who may grant said waiver and its decision shall be final.
Circuses, to include sideshows and concessions, per day
$100.00
Soda fountain and lunch
$24.00
Surplus stores and damaged machine sales
$ 50.00
Truck and/or truck leasing
$10.00
Welding companies
$10.00
[Ord. No. 05-18, 5-24-2018]
A. 
In addition to payment of the license fees required of Contractors in Section 605.040, before any Contractor license may be issued to any applicant, each applicant shall produce for the inspection and approval of the Village Clerk the following policies of insurance together with receipts showing the premiums fully paid for the period for which the license is sought:
1. 
Bodily injury liability insurance providing for a limit of not less than one hundred thousand dollars ($100,000.00) for all damages arising out of bodily injuries to or for the death of one (1) person and subject to the limit for each person, a total limit of three hundred thousand dollars ($300,000.00) for all damages arising out of bodily injuries to or death of two (2) or more persons in any one (1) accident.
2. 
Comprehensive general contractor's property damage liability insurance providing for a limit of not less than fifty thousand dollars ($50,000.00) for all damages arising out of injury to or destruction of property in any one (1) accident and subject to that limit per accident, a total aggregate limit of three hundred thousand dollars ($300,000.00) for all damages arising out of injury to or destruction of property during the policy period.
3. 
All insurance required herein must cover below-grade damage to be in full force during the entire construction process; and further be with a company approved by the Village; and such insurance shall cover the licensee and all employees of the licensee who may perform work in the Village, under the provisions of this Article.
4. 
Each contractor shall file a certificate showing that he/she has Workers' Compensation insurance if, under the laws of the State, he/she is required to carry such insurance.
5. 
Failure to comply with any of the requirements of this Section at any time during the term of the license shall result in immediate forfeiture of such license.
[CC 1995 §54.040]
Except as may be provided otherwise in this Chapter, a person shall be deemed to be in business within the meaning of this Chapter when he/she is selling any goods or service, soliciting business or offering goods or service for sale or hire or using any vehicle or premises in the Village for business purposes.
[CC 1995 §54.050]
A. 
A license shall be required of every business, when the same be reasonably within the intention of the legislature of this State in the enactment of Section 94.270, RSMo., and other State Statutes.
B. 
The Village Clerk shall make the initial determination whether any particular business, activity, occupation, vocation or service shall be covered within this requirement. Such determination by the Village Clerk shall be final and binding on persons affected thereby, unless and until such determination is held unreasonable or invalid by a court of competent jurisdiction.
[CC 1995 §54.060]
The local agents or other representatives of non-residents who are doing business or engaging in non-profit enterprises in this Village shall be personally responsible for the compliance of their principals and of the businesses and enterprises they represent with all applicable provisions of this Chapter.
[CC 1995 §54.070]
Except as may be provided otherwise by this Code, no license shall be required of any person for any mere delivery in the Village of any property purchased or acquired in good faith from such person at his/her regular place of business outside the Village, where no intent by such person is shown to exist to evade the provisions of this Chapter.
[CC 1995 §54.080]
The Village Clerk shall be the Village business License Officer and shall issue in the name of the Village all licenses required by this Chapter to all qualified applicants therefor, when all required taxes and fees have been paid in accord with the provisions of this Chapter.
[CC 1995 §54.090]
A. 
The Village Clerk, in issuing licenses required by this Chapter, shall:
1. 
Promulgate such rules and regulations as he/she may consider desirable for the administration of this Chapter. When approved by the Chairman, such rules and regulations shall be placed on file in the office of the Village Clerk for inspection and use by the public and the provisions thereof shall be enforced by him/her;
2. 
Adopt all forms and prescribe the information to be given therein as to character of applicant's business and other relevant matter for all necessary papers;
3. 
Require applicants to submit all affidavits and oaths necessary to the administration of this Chapter;
4. 
Submit all applications, in each proper case, to interested Village Officials for their endorsements thereon as to compliance by the applicant with all Village ordinances which they have the duty of enforcing;
5. 
Investigate and determine the eligibility of any applicant for a license or permit or renewal thereof as prescribed in this Chapter;
6. 
Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this Chapter; and
7. 
Notify any applicant of the acceptance or rejection of his/her application and, upon refusal of any license or permit and at the applicant's request, state in writing the reasons therefor and deliver them to the applicant.
[CC 1995 §54.100]
Taxes and fees required by this Chapter to be paid by any person shall be payable to the Village Clerk who shall issue a proper receipt to each person making any such payment.
[CC 1995 §54.110]
Every person required to have a license shall submit an application to the Village Clerk officer by a written statement upon forms provided by the Village Clerk officer, which shall disclose all information which the Village Clerk officer shall find to be reasonably necessary to the fair administration of this Chapter and which shall be accompanied by a receipt from the Village Clerk for the full amount of the fees chargeable for such license, which receipt shall not be construed as approval for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to this Chapter.
[CC 1995 §54.120]
Any applicant for the renewal of a license under this Chapter shall submit an application therefor to the Village Clerk upon forms provided by the Village Clerk, which shall include such information which he/she shall find to be reasonably necessary to the fair administration of this Chapter and information as to the conduct and operation of his/her business during the preceding licensing period.
[CC 1995 §54.130]
The Village Board shall, upon disapproving any application, direct the Village Clerk to refund all money paid in advance; provided, the applicant is not otherwise indebted to the Village. When the issuance of a license is refused and any action or proceeding is brought by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused.
[CC 1995 §54.140]
An appeal may be had from any decision of the Village Clerk in granting or denying a Village business license. An application for appeal shall be filed with the Village Clerk within fourteen (14) days of a decision adverse to the one requesting an appeal. The Board of Trustees shall hear the appeal within thirty (30) days of filing of the application for an appeal hearing.
[CC 1995 §54.160]
Every licensee under this Chapter shall post and maintain his/her license upon the premises in a place where it may be seen at all times. Every licensee under this Chapter who does not have a licensed business premises shall carry his/her license on his/her person and shall display it to Village Officers having authority to enforce this Chapter and to persons with whom he/she transacts business at their request.
[CC 1995 §54.170]
The fee for licenses required under this Chapter shall be as established from time to time by ordinance of the Board of Trustees and one (1) filed in the office of the Village Clerk. The initial fees for licenses required under this Chapter are set out in the Supplementary Schedule of this Code, Section 605.040.
[Ord. No. 18-20, 10-22-2020]
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; 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 Village; or
4. 
Any misrepresentation or false statement in the application for a license required herein; or
5. 
Failure to display the license required herein.
B. 
Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.
[Ord. No. 18-20, 10-22-2020]
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.
[Ord. No. 18-20, 10-22-2020]
Any person, firm or corporation or co-partnership who shall violate any provision of this Chapter, or who shall exercise or attempt to exercise any of the occupations, trades or avocations, or who shall carry on or engage in or attempt to carry on or engage in any of the businesses for which a license is required in this Chapter in the Village of Airport Drive without first paying the tax herein levied and obtaining a license therefor shall, upon conviction, be deemed guilty of an ordinance violation and shall be punished by a fine as specified in Section 100.220 of this Code.