Editor's Note: Ord. No. 4526 § 1 changed the terms "occupational licensing" and "occupational license" to "business licensing" and "business license" in the Chapter title and throughout this Chapter.
[R.O. 1996 § 605.010; CC 1968 § 11-14; Ord. No. 377 § 1, 12-18-1967; Ord. No. 4353 § 1, 12-15-2014]
Pursuant to authority granted by Article XI of the City Charter, this Chapter is hereby established and shall be known as the "Business Licensing Code" of the City, and shall apply to all corporations, companies, associations, joint stock associations, partnerships, copartnerships, and persons and/or their lessees, duly constituted trustees or receivers, heirs, administrators or assigns, who shall engage in any business, trade, vocation, profession; specifically excepting those professions or callings exempted from license requirements by virtue of Sections 71.620 and 71.630, RSMo., as amended, same being as follows: minister of 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 the State of Missouri.
[R.O. 1996 § 605.020; CC 1968 § 11-15; Ord. No. 377 § 2, 12-28-1967]
When used in this Chapter the following words and phrases shall have the meanings set out herein:
- BUSINESS, TRADE, VOCATION, PROFESSION or OCCUPATION
- Every person who shall deal in the selling of any goods, wares, merchandise, or services; or who shall, as a practice in the conduct of such business, trade, vocation, profession or occupation, make or cause to be made, any wholesale or retail sales of goods, wares, merchandise, or services to any person or association of persons, shall be classified as a "business," whether said sales be accommodation sales, made from a stock of goods on hand, or by ordering from another source, or by listing, and whether the subject of said sales or services be similar or different than the type, if any, regularly offered or performed by said seller.
- CHIEF OF POLICE
- The Chief of Police and/or their duly authorized Deputies and Patrolmen.
- The Department of Community Development.[Ord. No. 4631 § 1, 11-21-2016]
- The Director of the Department of Community Development or
their designee.[Ord. No. 4631 § 1, 11-21-2016]
- For the purpose of this Chapter the term "employee" shall be deemed to mean each and every individual natural person deriving either wages, tips, commissions, fees, draw accounts, or any combination thereof, from said business, trade, vocation, profession or occupation.
- HEARING OFFICER
- The person designated by the City Administrator to preside
over any hearings provided for in this Chapter and to render decisions
following such hearings.[Ord. No. 4631 § 1, 11-21-2016]
- Includes any person, as hereinafter defined, who shall apply and obtain a license under the terms and/or provisions of this Chapter and in accordance therewith.
- Every person who shall hold or purchase personal property for the purpose of adding to the value thereof by any process of manufacturing, or by the combination of different materials, or shall sell or purchase manufactured articles such as are manufactured by it, or such as are used in manufacturing.
- Shall mean natural person, firm, partnership, copartnership, corporation, company, association, joint stock association, and/or their lessees, duly constituted trustees or receivers, heirs, administrators or assigns.
[R.O. 1996 § 605.030; CC 1968 § 11-16; Ord. No. 377 §§ 23, 25, 12-28-1967; Ord. No. 3444 § 1, 1-22-2002]
Doing Business Without License. Any person engaging in any business or manufacturing, as herein provided, without either first paying the license fee and securing a license therefor, as required by this Chapter, or continuing to engage therein after a license has expired, upon conviction thereof, shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each day of such violation.
Violation Of Revocation Or Suspension Order. Any person violating any order of the hearing officer of suspension or revocation issued pursuant to Section 605.150 of this Chapter by continuing to engage in business or manufacturing during the term of suspension or revocation (and each day's violation shall constitute a separate and distinct offense), upon conviction thereof, shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each day of such violation.
[Ord. No. 4631 § 1, 11-21-2016]
False Statements In Application. No person shall knowingly make a false statement in their application for a license as to any conditions or factors upon which the license fee is or shall be based.
Any person determined by the Director to have made or who is making a false statement in their application for a license with respect to the average number of employees so that a number less than the true number is reported, or knowingly made or makes any other false statement as to any other condition or factor upon which the license fee is or shall be based, so that the result of such false statement reduces the amount of such fee, shall, in addition to all other penalties now provided by law, pay to the Director, upon demand therefor, the additional amount of license fee found to be due, plus a penalty of ten percent (10%) of what is due plus an additional five percent (5%) per month for each month the fee is not paid not to exceed a total of thirty percent (30%) of such additional fee or the interest rate set by the Director of Revenue of the State of Missouri as provided for in Section 144.170, RSMo., whichever is lowest; and any license theretofore issued to any such person shall be subject to suspension or revocation if so determined by the hearing officer following a public hearing on the record. Any person determined to owe a penalty hereunder shall be entitled upon filing a request with the City Clerk to a hearing as provided in Chapter 140 of this Code.
[Ord. No. 4631 § 1, 11-21-2016]
[R.O. 1996 § 605.040; CC 1968 § 11-17; Ord. No. 377 § 3, 12-28-1967]
There are hereby levied license fees as hereinafter provided in this Chapter, due and payable from any and all persons engaged in any business or manufacturing within the City and as contemplated by this Chapter, and no such person shall engage in any such business or manufacturing without first having obtained a license therefor, paying said license fee, and registering said business or manufacturer with the office of the City Collector.
[R.O. 1996 § 605.050; CC 1968 § 11-18; Ord. No. 377 § 4, 12-28-1967; Ord. No. 3444 § 2, 1-22-2002; Ord. No. 4631 § 1, 11-21-2016]
It shall be unlawful for any person to operate a business or manufacture, engage in a trade, vocation, profession or occupation unless and until all sales taxes, special assessment taxes, other license fees, inspection fees, or any other financial obligations which are delinquent and owing to the City have been paid and a business license has been issued to such person by the Director. No license provided for or required under this Chapter, or any other ordinance of the City, shall be issued by any department until compliance with this Section shall have been fulfilled.
[R.O. 1996 § 605.060; CC 1968 § 11-19; Ord. No. 377 §§ 6, 20, 12-28-1967; Ord. No. 3025 § 1, 11-3-1997]
License Year. Except as otherwise specifically provided by ordinance, the license year for all business or manufacturer licenses issued under this Chapter shall begin March first and end the last day of February. All such licenses shall be due and payable on or before March first of each year and may be purchased beginning February first of the license year.
Prorating Of License Fee. All licenses provided for in Section 605.160 of this Chapter shall expire on the last day of February of each year. Any application for a new license under Section 605.160 of this Chapter received after March first of any calendar year shall be prorated during the terms and in the percentages as follows:
After March 1 and prior to or on May 31: 100% of yearly fee.
On or after June 1st and prior to or on August 31: 75% of yearly fee.
On or after September 1 and prior to or on November 30: 50% of yearly fee.
On or after December 1 and prior to or on the last day of February: 25% of yearly fee.
Editor's Note: All licenses affected by this Section were extended by Ord. No. 3025 to 2-28-1998. In 1998 any renewal license changed from being due January 1 to being due March 1; in addition to the yearly fee, the licensee shall be charged 16.7% of the annual fee to cover fees for the period from 1-1-1998 through and including 2-28-1998.
[R.O. 1996 § 605.070; CC 1968 § 11-20; Ord. No. 377 §§ 6, 20, 12-28-1967; Ord. No. 1570 § 2, 10-20-1986; Ord. No. 4428 § 2, 2-19-2013; Ord. No. 4631 § 1, 11-21-2016]
All applications (returns) for licenses provided for in this Chapter shall be filed with the City Collector. The Department shall prescribe the form of application (return) and license form. The application (return) will be used to determine the tax due. Except as otherwise provided by ordinance, all licenses issued under this Chapter shall be signed by the Mayor and the City Clerk, or by facsimile, and shall be invalid for all purposes unless so signed.
[R.O. 1996 § 605.080; CC 1968 § 11-21; Ord. No. 377 § 10, 12-28-1967]
A separate license shall be obtained for each separate legal business entity conducted, operated, maintained, or carried on by every person engaged in any business or manufacturing for which a license is required by this Chapter.
[R.O. 1996 § 605.090; CC 1968 § 11-22; Ord. No. 377 § 12, 12-28-1967]
Whenever any person making application for a license under the provisions of this Chapter is engaged in more than one (1) business, which are not operated as a separate legal business entity, at the same address, such person shall combine the information for all businesses conducted at the same address, as required for the purpose of determining the license fee, the same as if all were conducted as a single business operation.
[R.O. 1996 § 605.100; CC 1968 § 11-23; Ord. No. 377 §§ 7, 19, 22, 12-28-1967; Ord. No. 4475 § 1, 2-3-2014; Ord. No. 4631 § 1, 11-21-2016]
Processing Of Application. All licenses required by this Chapter shall not be issued until approved by the Code Enforcement Officer or the Director. If, for good cause shown, the Code Enforcement Officer or Director shall disapprove the application for a license under the provisions of this Chapter, or shall fail to act upon same within twenty (20) days from the date of filing of said application, the applicant may, within thirty (30) days following the date of disapproval, submit a written appeal to the City Administrator as hereinafter provided, with the right of hearing, by filing same with the City Clerk who shall thereupon docket such appeal with the City's hearing officer for consideration and hearing under the procedure set out in Section 605.150 within thirty (30) days of receipt of such written appeal.
Zoning Requirements. It is further provided that all licensees, as contemplated by this Chapter, shall comply in every respect with the Zoning Code and other ordinances of the City. On all new applications the Code Enforcement Officer or Director shall certify that the premises meet minimum code standards as established by the City before issuance of such license.
No license shall be issued for a contractor in the construction industry until the Department has received a certificate of workers' compensation coverage or an affidavit, in a form provided by the City, signed by the applicant attesting that the contractor is exempt from workers' compensation coverage. The City shall not have the duty to investigate any certificate of coverage or affidavit filed pursuant to this provision. Nothing in this Subsection shall be construed to create or constitute a liability to, or a cause of action against, the City in regard to the issuance of any license pursuant to this Section as stated in Section 287.061, RSMo., as amended from time to time.
Validation Receipt — Issuance Of License. Upon acceptance of the application, as herein provided, it shall be the duty of the Department to collect the required license fee and to issue a proper validation receipt therefor prior to issuance of the license. It shall be the duty of the Department to issue all licenses upon approval.
Claim For Refund. No claims for refund shall be allowable under the provisions of this Chapter.
Liquors. Nothing in this Chapter shall be construed as authorizing any person to sell intoxicating or non-intoxicating liquors by virtue of said license.
[R.O. 1996 § 605.110; CC 1968 § 11-24; Ord. No. 377 § 8, 12-28-1967]
It shall be the duty of the Finance Department to keep a complete and accurate record of all licenses issued under this Chapter, showing the nature of the license, its date of issuance, to whom issued, and the amount of the fee collected therefor.
[R.O. 1996 § 605.120; CC 1968 § 11-25; Ord. No. 377 § 11, 12-28-1967; Ord. No. 4526 § 2, 12-15-2014]
A license may be amended to authorize the conduct of the same business or manufacturing at a different location, provided the control of same remains in the same person, upon filing with the Department of an amended application, within fifteen (15) days of the change, showing the change of address, and upon paying a fee of five dollars ($5.00). It shall also be compulsory that Section 605.100(B) of this Chapter be complied with in respect to the new location and premises.
[Ord. No. 4631 § 1, 11-21-2016]
A license issued to any person under the provisions of this Chapter shall not be transferable from one (1) person to another person in the event of change of ownership.
[R.O. 1996 § 605.130; CC 1968 § 11-26; Ord. No. 377 § 9, 12-28-1967]
All licenses issued by the City under this Chapter shall be carefully preserved and prominently displayed in a conspicuous manner in the place of business authorized to be conducted by said licensee.
[R.O. 1996 § 605.140; CC 1968 § 11-27; Ord. No. 377 § 21, 12-28-1967; Ord. No. 4428 § 1, 2-19-2013]
A penalty for failure to file an application (return) and/or to pay the full amount of the taxes or fees due on or before the first day of March of each year shall be imposed pursuant to, and in the same manner as provided in, the penalty provisions of Section 144.250, RSMo., as currently amended.
[R.O. 1996 § 605.150; CC 1968 § 11-28; Ord. No. 377 § 24, 12-28-1967; Ord. No. 3444 § 3, 1-22-2002; Ord. No. 4589 § 8, 3-21-2016]
The Director of Community Development shall have the power to suspend or revoke any license granted under the terms and provisions of this Chapter and to direct the Blue Springs Police Department to take the actions necessary to secure the business so that it can no longer operate or remain open for business whenever it shall be shown, or whenever they have knowledge that a licensee is conducting said business or manufacturing in violation of any ordinance of the City. The procedures set out in Chapter 140 shall be followed in suspending or revoking any business license. If a licensee fails to appeal a letter of intent to suspend or revoke a license served in accordance with the procedure set forth in Chapter 140 of this Code, the Director may suspend or revoke the license as indicated in the notice of intent served on the licensee.
Neither the Director nor a Hearing Officer shall suspend, or order a suspension of, any said license for a period in excess of sixty (60) days.
The licensee shall have full right to be represented by counsel at such hearing, and to produce witnesses in their behalf at any hearing.
It shall be the responsibility of the licensee to maintain an accurate and up to date address on file with the Department. Failure to do so shall not render any attempted notice under this Subsection from being effective. Notice may also be personally served at the address of the place of business shown on the license application or where the business is known to be operating or on the registered agent as shown on the Secretary of State's records.
[Ord. No. 4631 § 1, 11-21-2016]
[R.O. 1996 § 605.160; CC 1968 § 11-31; Ord. No. 377 § 15, 12-28-1967; Ord. No. 3641 § 1, 1-5-2004; Ord. No. 4526 § 3, 12-15-2014]
Except as otherwise provided for in Chapter 610, every person engaged in a business (excluding those exempted by Section 71.620, RSMo., as amended, and as set forth in Section 605.010 of this Chapter), shall procure and pay for a license based upon the following: fifty dollars ($50.00) for the business plus the sum of two dollars ($2.00) per employee (as defined in Section 605.020 of this Chapter).
[R.O. 1996 § 605.161; Ord. No. 4526 § 4, 12-15-2014]
Any licensed contractor engaged in the business as a plumbing contractor, electrical contractor, or mechanical heating, ventilation, and air-conditioning (HVAC) contractor shall produce and pay for a contractor's license the fee of twenty-five dollars ($25.00) per application submitted. Said license fee shall be in addition to any other license fee or charges established by any other City ordinances.
[R.O. 1996 § 605.170; Ord. No. 3157 § 1, 8-16-1999; Ord. No. 3444 § 4, 1-22-2002; Ord. No. 4526 § 1, 12-15-2014]
Nuisance. The continued operation of a business without a current and valid business license shall be deemed a nuisance, and, as such, shall be actionable under Article II of Chapter 245 of the Blue Springs City Code, and all of the provisions of Article II of Chapter 245 are applicable to the nuisance and it's abatement.
Prohibit Operation. The City may prohibit the further operation of any business that is not currently the holder of a valid business license if that business is required by this Chapter 605 to have an business license.
If the business license is not currently valid due to a suspension or revocation under Section 605.150 or a revocation that has occurred pursuant to Section 144.083.3, RSMo., or the failure to timely file and seek renewal, the closure of the operation of the business may be implemented by the City immediately and, if so implemented, the Blue Springs Police Department shall take the actions necessary to secure the business so that it can no longer operate or remain open for business.
In any other circumstance, the closure of the business shall only be initiated after a Hearing Officer, determines that the business is being operated without a current and valid City business license. A notice shall be served and a hearing held in accordance with the procedures set out in Chapter 140. Following a hearing, the Hearing Officer may order the business closed in which case the Blue Springs Police Department shall take the actions necessary to secure the business so that it can no longer operate or remain open for business. The business shall have written notice of the time and place of such hearing as set forth in Chapter 140. Said written notice shall be directed by certified or registered United States Mail to the business address last known to the City based on the most current application for a business license on file with the City or such other address as the City may determine. The business shall have the full right to be represented by counsel at such hearing, to produce witnesses in their/its behalf, and to be heard. Failure of a representative of such business appearing at said hearing shall not preclude the Hearing Officer from taking evidence and issuing their decision with respect to whether or not the business is operating without a business license in violation of the City's Codes, provided the procedures set out in Chapter 140 have been complied with. Appeals from any adverse ruling shall be as provided in Chapter 536, RSMo.
[Ord. No. 4589 § 9, 3-21-2016; Ord. No. 4631 § 1, 11-21-2016]
Editor's Note: Former § 605.170, which derived from CC 1968 § 11-32 and Ord. No. 377 § 16, 12-28-1967, was repealed 11-3-1997 by Ord. No. 3025 § 2.
[R.O. 1996 § 605.180; CC 1968 § 11-33; Ord. No. 377 § 17, 12-28-1967]
The formula to be used in determining the average number of employees as contemplated in Section 605.160 of this Chapter shall be as follows:
Add the total number of employees paid on the last pay period of each month in the preceding calendar year and divide this total by twelve (12) to obtain the average number of employees for the purpose of obtaining license and determination of fee.
[R.O. 1996 § 605.190; CC 1968 § 11-34; Ord. No. 377 § 18, 12-28-1967]
The alternate formula to be used in determining the average number of employees as contemplated in Section 605.160, in the event of dispute, shall be as follows:
Prevailing minimum wage x 40 hours x 52 weeks = average yearly pay
Average yearly pay divided into the total wages reported on Form W-3 (reconciliation of income tax withheld from wages) = average number of employees.
The prevailing minimum wage shall be the one in effect as set by the Federal Government under the "Minimum Wage Law" at the time of computing the license fee. Form W-3, herein referred to, is the U. S. Treasury Department, Internal Revenue Service Form and shall serve as the basis for total wages paid all employees (as defined in Section 605.020 of this Chapter) in determining the average number of employees paid by said business or manufacturer unless the applicant or licensee can prove to the satisfaction of the Finance Department that a fewer number of employees were paid.
[R.O. 1996 § 605.200; CC 1968 § 11-35; Ord. No. 377 § 26, 12-28-1967; Ord. No. 4631 § 1, 11-21-2016]
Included within this Section is a representative listing of the types of businesses to which the terms and provisions of this Chapter shall apply, but the City Council shall have the power to amend the listings, upon proper passage of amendments to this Chapter. This list is not intended to be exhaustive, but illustrative only. The omission of a listing for specific type of business shall not be construed as exempting said person from obtaining a license in accordance with the terms and provisions of this Chapter. Exemptions for obtaining a business license shall only be those exemptions required by State or Federal law.
Representative listing of businesses, professions, occupations, manufacturers, processors or callings subject to the provisions of this Chapter, unless specifically exempted by State or Federal law, are and shall be as follows, to wit:
[R.O. 1996 § 605.210; Ord. No. 3987 § 2, 9-6-2006]
Business establishments that sell gasoline and/or diesel fuel are required, pursuant to Section 220.765, to require pre-payment or pre-approval of sales of fuel prior to activation or authorization of any fuel dispensing unit or fuel pumping device.
The City shall not renew the business license required by this Chapter 605 of the Code of Ordinances of the City of Blue Springs of any business which has been convicted of, or whose employee or owner has been convicted of, a violation of Section 220.765 for failure to require pre-payment or pre-approval of sales of fuel prior to activation or authorization of any fuel dispensing unit or fuel pumping device in the twelve (12) months next preceding the renewal date of the expiring business license of the business.
[Ord. No. 4526 § 1, 12-15-2014]