[CC 1988 §13-19; R.O. 1952 §5.1; Ord. No. 2470 §1, 7-17-1973; Ord.
No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
It shall be unlawful for any person, either directly or indirectly,
to conduct any business or non-profit enterprise, or to use in connection
therewith any vehicle, premises, machine or device, in whole or in
part, for which a license or permit is required by this Code or by
other ordinance without the license or permit so required having been
first procured and thereafter kept in effect at all such times as
required by this Code or other ordinance.
[CC 1988 §13-20; Ord.
No. 2470 §2, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
As used in this Article, the following terms shall have the
meanings indicated:
ENGAGING IN BUSINESS OR NON-PROFIT ENTERPRISE
Except as may be provided otherwise by this Code, a person shall be deemed to be in business or engaging in a non-profit enterprise within the meaning of Section
605.010 when he/she does one (1) act of:
1.
Selling any goods or service.
2.
Soliciting business or offering goods or service for sale or
hire.
3.
Using any vehicle or any premises in the City for business purposes.
[CC 1988 §13-21; Ord.
No. 2470 §3, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Except as may be provided otherwise by this Code, the City Clerk
shall make initial determination of whether or not any particular
business activity, occupation, vocation or service is permitted in
the zoning district in which the business activity, occupation, vocation
or service is being located. Such determination shall be reasonably
made, based upon the generally accepted concept of each such activity,
occupation, vocation or service and with regard for the intention
of the General Assembly in the enactment of Section 94.110, RSMo.,
and other applicable Sections of the Revised Statutes of Missouri.
Except as may be provided otherwise in this Code, such determination
by the City 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 1988 §13-22; Ord.
No. 2470 §4, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
The local agents or other representatives of non-residents who
are doing business or engaging in non-profit enterprises in this City
shall be personally responsible for the compliance of their principals
and of the businesses and enterprises they represent with all applicable
provisions of this Code.
[CC 1988 §13-23; Ord.
No. 2470 §5, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Except as may be provided otherwise by this Code, the City Clerk
shall issue special permits, without payment of any license fee or
other charge therefor, to any person for the conduct or operation
of a non-profit enterprise, either regularly or temporarily, when
he/she finds that the applicant operates such enterprise without private
profit for a public, charitable, educational, literary, fraternal,
patriotic or religious purpose. This provision applies only when such
organizations make public solicitations.
[CC 1988 §13-24; Ord.
No. 2470 §6, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Except as may be provided otherwise by this Code, an applicant
for a special permit shall submit an application therefor to the City
Clerk, upon forms prescribed by such officer, and shall furnish such
additional information and make such affidavits as that officer shall
require.
[CC 1988 §13-25; Ord.
No. 2470 §7, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A person operating under a special permit shall operate his/her
non-profit enterprise in compliance with this Code and all applicable
rules and regulations promulgated under authority of this Code.
[CC 1988 §13-26; Ord.
No. 2470 §8, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Except as may be provided otherwise by this Code, no license
shall be required of any person for any mere delivery in the City
of any property purchased or acquired in good faith from such person
at his/her regular place of business outside the City where no intent
by such person is shown to exist to evade the provisions of this Code.
[CC 1988 §13-27; Ord.
No. 2470 §9, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Any general or special license fees for any kind of vehicle
for the privilege of being operated upon the public highways, and
which is required by any Statute or ordinance, shall not abrogate,
limit or affect any further requirements of this Code or of other
ordinances or laws for additional and separate licenses, permits and
insignia and fees for such vehicles, or other uses for and relating
to the privilege of using the same in any business license under this
Code.
[CC 1988 §13-28; Ord.
No. 2470 §10, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Wherever any provision is made in another Chapter of this Code
for the regulation, restraint or prohibition of any activity for which
a license or permit is required by this Chapter, the provisions of
such other Chapter shall continue to apply except that the amount
of any license tax imposed therein shall, if not otherwise provided,
be in addition to any license tax imposed by this Chapter. No activity
which is prohibited by the provisions of another Chapter of this Code
shall be made permissible by inclusion of such activity in this Chapter.
[CC 1988 §13-29; Ord.
No. 2470 §11, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Nothing contained in this Chapter shall be construed as affecting
ad valorem or property taxes imposed by other Chapters of this Code
or by other ordinances or Statutes.
[CC 1988 §13-30; Ord.
No. 2470 §24, 7-17-1973; Ord. No. 2743 §1, 11-7-1983; Ord.
No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A. Every licensee under this Chapter shall:
1.
Ascertain and at all times comply with all applicable provisions
of this Code and the laws and regulations applicable to such licensed
business;
2.
Avoid all forbidden, improper or unnecessary practices or conditions
which do or may affect the public health, morals or welfare;
3.
Refrain from operating the licensed businesses after expiration
of his/her license and during any period his/her license may be revoked
or suspended; and
4.
Comply with all the applicable provisions of Chapter 144, RSMo.,
Sales and Use Tax, including obtaining the retail sales license issued
by the Director of Revenue as required by Section 144.083, RSMo.
[CC 1988 §13-31; Ord.
No. 2470 §25, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Every licensee under this Chapter who conducts business on or
from licensed premises shall post and maintain such license.
[CC 1988 §13-32; Ord.
No. 2470 §26, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Every licensee under this Chapter who has no licensed business
premises shall carry his/her license on his/her person and shall display
it to City Officers having authority to enforce this Chapter and to
persons with whom he/she transacts or seeks to transact business at
their request.
[CC 1988 §13-34; Ord.
No. 2470 §28, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A. It shall be unlawful for any person who has obtained a license or
special permit under this Chapter to allow any license, special permit
or insignia to remain posted, displayed or used after the period for
which it is issued has expired; or when it has been suspended or revoked,
or for any other reason has become ineffective. The licensee shall
promptly return such inoperative license or special permit to the
City Clerk.
B. It shall be unlawful for any licensee or person who has been licensed
under this Chapter to loan, sell, give or assign to any other person,
or allow any other person to use or display, or to destroy, damage
or remove, or to have in his/her possession except as authorized by
the City Clerk or by law any license which has been issued to him/her.
[CC 1988 §13-35; Ord.
No. 2470 §29, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A licensee under this Chapter shall have the right to change
the location of the licensed business; provided, that he/she first
notify the City Clerk of such change of address and follow prescribed
procedure for the amendment of his/her license.
[CC 1988 §13-38; Ord.
No. 2470 §32, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Any canvasser, solicitor or other person who may be exempt for
the application of license taxes or fees imposed by this Chapter,
by reason of engaging in interstate commerce, shall, before engaging
in any such canvassing or solicitation within the City, register with
the City Clerk on forms provided by such officer.
[CC 1988 §13-39; Ord.
No. 2470 §33, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A. Each applicant under the provisions of Section
605.170 shall, on his/her business license application, provide the City Clerk with the following information:
1.
Name and description of the applicant.
2.
Permanent home address and full local address of the applicant.
3.
A brief description of the nature of the business and goods
to be sold and whether or not money is to be collected by the applicant
prior to the delivery or shipment of the goods sold.
4.
A statement as to whether or not the applicant has ever been
convicted of any crime, misdemeanor or violation of any municipal
ordinance, the nature of the offense, and the punishment or penalty
assessed therefor.
[CC 1988 §13-43; Ord.
No. 2470 §37, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A. Any licenses submitted under the provisions of Section
605.180 may be revoked by the City Clerk for any of the following causes:
1.
Fraud, misrepresentation or false statement made by the applicant
on the application form.
2.
Fraud, misrepresentation or false statement made in the course
of carrying on his/her business as solicitor or canvasser.
3.
Any violation of this Chapter.
4.
Conviction of any felony or misdemeanor involving moral turpitude.
5.
Conducting the business of soliciting or of canvassing in an
unlawful manner or in such manner as to constitute a breach of the
peace or to constitute a menace to the health, safety or general welfare
of the public.