[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; Ord. No. 17-21, 12-16-2021; Ord. No. 02-22, 2-24-2022; Ord.
No. 03-23, 2-23-2023]
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
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$75.00
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Advertising sign companies, painting and construction
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$15.00
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Amusements and recreation:
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Miniature golf
|
$15.00
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|
Auctioneers and auction houses:
| ||||||
|
Single auction, per day
|
$15.00
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|
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.
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|
Automobile leasing for each car
|
$6.00
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Automobile parking lots or storage garages:
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Capacity of less than 20 vehicles
|
$20.00
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Capacity of 20 to 40 vehicles
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$30.00
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|
Capacity of over 40 vehicles
|
$40.00
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Garage-repair shop
|
$15.00
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Barbershops or styling shops
|
$15.00
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|
Beauty shops
|
$15.00
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|
Bill posters:
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|
The fee as provided in this Code, with a minimum license fee
of $75.00 per year in any case.
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|
Brokers, commission, consignments and merchants (except livestock)
|
$35.00
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|
Carpet and rug cleaning works (materials or products sold)
|
$15.00
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|
Coal dealers, wholesale or retail:
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|
The fee as provided in Code, with a minimum license fee of $50.00
in any case.
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|
Coin-operated devices:
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|
Operator's license for any type of amusement machine
|
$25.00
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|
In addition to the operator's license fee, the following shall
be paid:
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|
For each amusement machine
|
$5.00
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|
Operator's license for mechanical vending machines or weighing
machines
|
$10.00
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|
In addition to the operator's license fee, the following shall
be paid:
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|
For each vending machine
|
$1.00
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|
Contractors:
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|
General contractors license
|
$100.00
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|
All other contractors, including subcontractors license
|
$75.00
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|
Dance studios
|
$15.00
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Garage or mechanical repair shop
|
$10.00
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|
Garage body shop
|
$10.00
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|
Hawker or job operator
|
$25.00
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|
Temporary selling retail direct to consumers outside of established
business buildings by other than established businesses.
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|
Ice cream stands
|
$15.00
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|
Ice cream vendor
|
$15.00
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|
Implement dealers
|
$5.00
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|
Junk and salvage dealers
|
$75.00
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|
Kennels (animal sales and pet accessories)
|
$25.00
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|
Manufacturers, generally:
| ||||||
|
The fee will be a minimum of $100.00 per year in any case, except
as otherwise provided by ordinance.
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|
Machinery sales (metal or woodworking)
|
$15.00
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|
Medical marijuana, adult-use non-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 and/or adult-use marijuana-related
use)
|
$750.00
| |||||
|
Medical marijuana cultivation facility
|
$750.00
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|
Medical marijuana dispensary facility
|
$750.00
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|
Medical marijuana-infused products manufacturing facility
|
$750.00
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|
Medical marijuana test facility
|
$750.00
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|
Comprehensive facility (as defined under State law)
|
$1,000.00
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|
Marijuana microbusiness facility (as defined under State law)
|
$750.00
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|
Merchants, generally (businesses consisting primarily of revenue
from the sale of goods to include restaurant, food sales and vehicle
or equipment rental revenue):
| ||||||
|
$25.00 for year 1 of business with each subsequent year's fee
based upon the business's gross annual sales as follows:
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|
Gross annual sales up to $25,000.00
|
$25.00
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|
Gross annual sales $25,001.00 to $50,999.00
|
$50.00
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|
Gross annual sales $51,000.00 to $100,999.00
|
$75.00
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|
Gross annual sales $101,000.00 to $250,999.00
|
$150.00
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|
Gross annual sales $251,000.00 to $500,999.00
|
$250.00
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|
Gross annual sales $501,000.00 to $999,999.00
|
$300.00
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|
Gross annual sales over $1,000,000.00
|
$300.00 plus $10.00 per every $100,000.00 over $1,000,000.00
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|
Merchants, selling goods from hotel or motel room, per day
|
$25.00
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|
Motor vehicle salvage merchants
|
$200.00
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Pest control
|
$25.00
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Pharmacy
|
$50.00
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Photographers
|
$25.00
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|
Plumbers, shop with retail sales and service
|
$75.00
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Printing establishments, newspaper publishers, publishing companies
or publishing houses
|
$25.00
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Service stations (full- and self-service):
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|
Gasoline products only
|
$15.00
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Shows, circuses, etc.:
| ||||||
|
For each motion picture house having a seating capacity of not
to exceed 1,000 persons
|
$56.00
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|
For each photoplay house or theater, having a seating capacity
exceeding 1,000 persons
|
$100.00
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|
Every person owning, operating, conducting or exhibiting the
following shows shall pay a license fee as follows:
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|
Dog, pony or animal shows; rodeos; other transient shows or
exhibitions, per day
|
$25.00
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Carnivals, per ride, per day
|
$5.00
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|
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 8 days or more than 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 Board of Trustees who may grant
said waiver and its decision shall be final.
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|
Circuses, to include sideshows and concessions, per day
|
$100.00
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Storage unit rentals
|
$25.00 plus $5.00 per individual unit
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|
Welding companies
|
$10.00
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[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.
C.
That
an appeal may be had from the selection of the applicable yearly business
license fee. An application for appeal shall be filed with the Village
Clerk within fourteen (14) days of notice of the applicable fee. The
Board of Trustees shall hear the appeal within thirty (30) days of
filing of the application for an appeal hearing.
[Ord. No. 17-21, 12-16-2021]
[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.
