[CC 1988 §13-44; Ord.
No. 2470 §12, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
The City Clerk shall issue in the name of the City all licenses
and permits required by this Chapter, to all qualified applicants
therefor, when all required taxes and fees have been paid in accordance
with the provisions of this Chapter. Licenses shall be signed by the
City Manager and City Clerk. The City Clerk shall affix the corporate
Seal of the City thereto.
[CC 1988 §13-45; Ord.
No. 2470 §13, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A.
The City Clerk shall:
1.
Rules and regulations. Promulgate such rules
and regulations as he/she may consider desirable for the administration
of this Chapter. When approved by the City Manager, such rules and
regulations shall be placed on file in the office of the City Clerk
for inspection and use by the public and the provisions thereof shall
be enforced by him/her.
2.
Adopt forms. 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.
Obtain endorsement. Submit all applications,
in each proper case, to interested City Officials for their endorsements
thereon as to compliance by the applicant with all City ordinances
which they have the duty of enforcing.
4.
Investigate. Investigate and determine the
eligibility of any applicant for a license or permit or renewal thereof,
as prescribed in this Chapter.
5.
Give notice. 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 1988 §13-46; Ord.
No. 2470 §14, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Taxes and fees required by this Chapter to be paid by any person
shall be payable to the City of De Soto. The City Clerk or designated
representative shall issue a proper receipt to each person making
any such payment.
[CC 1988 §13-47; Ord.
No. 2470 §15, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
The City Clerk and all other City Officers who may be officially
concerned with administering and enforcing the provisions of this
Chapter shall keep all information furnished or secured under the
authority of this Chapter in strict confidence. Such information shall
not be subject to public inspection and shall be kept so that the
contents thereof shall not become known, except to the persons charged
with the administration of this Chapter; provided, that this Section
shall not prohibit any City Officer from testifying as to such information
in compliance with a subpoena issuing from a court of competent jurisdiction
or from the City Council in any proceeding before it under authority
of this Code.
[CC 1988 §13-48; Ord.
No. 2470 §16, 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.
The general standards herein set out relative to the qualifications
of every applicant for a City license or special permit under this
Chapter shall be considered and applied by the City Clerk. The applicant
shall:
1.
No obligations to City. Not be in default under
the provisions of this Chapter or indebted or obligated in any manner
to the City except for current taxes;
2.
Legal qualifications. Be qualified in all respects
under the provisions of all pertinent ordinances and laws; and
3.
Retail sales license. Comply with all the applicable
provisions of Chapter 144, RSMo., Sales and Use Tax, including obtaining
the retail sales license as a prerequisite to the City issuing a license
under this Chapter, as required by Section 144.083, RSMo.
[CC 1988 §13-49; Ord.
No. 2470 §17, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A.
Every person required to procure a license or special permit under
the provisions of this Chapter shall submit an application therefor
to the City Clerk. The application shall:
1.
Be a written statement upon forms provided by the City Clerk.
2.
Be accompanied by a receipt from the City Clerk for the full
amount of the fees chargeable for such license. Such 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 the provisions of this Code.
[CC 1988 §13-49.1; Ord. No. 3164 §1, 1-19-1994; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3714 §1, 11-20-2006; Ord. No. 3986 §2, 9-16-2013]
A.
No license or special permit required under the provisions of this
Chapter shall be issued by the City Clerk to any applicant until such
applicant produces a copy of the certificate of insurance for workers'
compensation coverage, if the applicant for the license is required
to cover his/her liability under Chapter 287, RSMo., or if the applicant
for the license is not required to cover his/her liability under Chapter
287, RSMo., no such license or permit shall be issued by the City
Clerk to the applicant until the applicant signs an affidavit, on
the form provided by the Division of Workers' Compensation, attesting
that the applicant is exempt.
B.
Any applicant who fails to comply with the provisions of Subsection (A) of this Section shall be denied such a license or special permit until he/she furnishes a certificate of insurance or signs the required affidavit attesting that he/she is exempt.
C.
An applicant providing fraudulent information pursuant to this Section
shall be deemed guilty of a misdemeanor.
D.
Nothing in this Section shall be construed to create or constitute
a liability to or a cause of action against the City in regard to
the issuance or non-issuance of any license or special permit for
failure to provide evidence of workers' compensation coverage.
[CC 1988 §13-50; Ord.
No. 2470 §18, 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.
Each license and special permit issued under this Chapter shall state
upon its face the following:
1.
The name of the licensee and any other name under which the
licensed business is to be conducted.
2.
The kind and address of each business so licensed.
3.
The amount of license fee therefor, if a license.
4.
The dates of issuance and expiration thereof.
5.
Such other information as the City Clerk shall determine.
6.
That, pursuant to the provisions of Section 144.083, RSMo.,
the license is null and void automatically and immediately upon the
revocation of the retail sales license issued by the State Director
of Revenue.
[CC 1988 §13-51; Ord.
No. 2470 §19, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Upon disapproving any application submitted under the provisions
of this Chapter, the City Clerk shall refund to the applicant all
fees paid in advance; provided that the applicant is not otherwise
indebted to the City. When the issuance of a license is denied and
any action or proceeding is instituted by the applicant to compel
its issuance, such applicant shall not engage in the business of which
the license was refused unless a license be issued to him/her pursuant
to an order or judgment directing that the license be issued.
[CC 1988 §13-52; Ord.
No. 2470 §20, 7-17-1973; Ord. No. 2662 §1, 6-4-1979; Ord.
No. 3396 §1, 2-23-2000; Ord. No. 3698 §1, 8-21-2006; Ord.
No. 3986 §2, 9-16-2013]
As used in this aArticle, the following terms shall have the
meanings indicated:
Any business that has a second branch establishment of a business that exceeds one hundred fifty dollars ($150.00) of the annual license fee outlined in Section 605.500 for all occupations, trades, vocations and businesses as shown on the schedule of fees in Section 605.500. Drive-up bank facilities are excluded from the definition of branch establishments.
[CC 1988 §13-53; Ord.
No. 2470 §21, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A person engaged in two (2) or more businesses at the same location
shall be required to obtain a separate license for conducting each
of such businesses. A separate business license will be issued for
each business.
[CC 1988 §13-55; Ord.
No. 2470 §23, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A duplicate license or special permit shall be issued by the
City Clerk to replace any license or special permit previously issued
and which has been lost, stolen, defaced or destroyed without any
willful conduct on the part of the applicant, upon the filing by him/her
of an affidavit attesting to such fact, and upon the payment of a
fee of five dollars ($5.00).
[CC 1988 §13-56; Ord.
No. 2470 §38, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A.
For the purpose of enforcing this Chapter, the following persons
are authorized to conduct inspections in the manner prescribed in
this Article:
1.
The City Clerk shall make or cause to be made all investigations
reasonably necessary.
2.
The City Manager shall have authority to order the inspection
of licensees, businesses and premises by all City Officials having
duties to perform with reference to such licensees or businesses.
3.
All Police Officers shall inspect and examine businesses located
within their respective areas of responsibility or beats to enforce
compliance with this Chapter.
[CC 1988 §13-57; Ord.
No. 2470 §39, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A.
All persons authorized by this Article to inspect licensees and businesses
shall have the authority to enter, with or without search warrant
in accord with law, at all reasonable times, the following premises:
[CC 1988 §13-58; Ord.
No. 2470 §40, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Persons inspecting licensees, their businesses or premises as
authorized by this Article shall report all violations of this Chapter
or of other laws or ordinances to the City Manager and shall submit
such other reports as the City Manager shall order.
[CC 1988 §13-59; Ord.
No. 2470 §41, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
When an inspector has reported any violation of this Chapter
or any law or ordinance, the City Manager shall issue to the affected
person a provisional order to comply. Such order shall be in writing
and shall appraise the affected person as to the acts or omissions
which constitute the violation and shall state what action is required
on his/her part to comply with the provisions of this Chapter or other
ordinance or law of which he/she stands in violation and shall specify
a reasonable period of time not more than ten (10) days within which
compliance must be accomplished.
[CC 1988 §13-60; Ord.
No. 2470 §42, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Provisional orders and all other orders and notices provided
in this Article shall be in writing and shall be served upon the persons
affected thereby by personal service on them or upon their agents
or representatives, or by posting conspicuously upon their business
premises in the City. Depositing of a copy of a provisional order
or notice in the United States mail addressed to the affected person
at his/her business premises shall meet the requirements of this Section
in lieu of personal service or posting on the premises.
[CC 1988 §13-61; Ord.
No. 2470 §43, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Upon written application by the person affected before the expiration
of the period for compliance, the City Manager shall order a hearing,
which shall be open to the public if so requested by the person affected.
Notices of such hearing shall be given the affected person in the
manner prescribed in this Article.
[CC 1988 §13-62; Ord.
No. 2470 §44, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Upon written application by the person affected, or on his/her
own motion, the City Manager shall have the authority, in a proper
case, to extend the time for compliance, to grant a new hearing date,
and to change, modify or rescind any recommendation or order.
[CC 1988 §13-63; Ord.
No. 2470 §45, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Upon the failure of the violator to comply with the provisional
order or with any order made after hearing, the City Manager shall
then declare and make the provisional order final; and the City Manager
shall have the authority to suspend or revoke licenses upon making
and declaring a provisional order final.
[CC 1988 §13-64; Ord.
No. 2470 §46, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
When the conduct of any licensee, agent or employee is so inimitable
to the public health, safety and general welfare as to constitute
a nuisance and thus give rise to the necessity for immediate action,
the City Manager shall have the authority to summarily order the cessation
of business and the close of premises or to suspend or revoke the
license. Unless waived in writing, within seventy-two (72) hours after
he/she has acted summarily, the City Manager shall conduct a special
hearing for such action in respect to the summary order as may be
therein determined. Notice of such hearing shall be given the affected
person in the manner prescribed in this Article.
[CC 1988 §13-65; Ord.
No. 2470 §47, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A.
Any person aggrieved by a decision of the City Manager after hearing
shall have the right to appeal to the City Council by filing a written
appeal with the Mayor within ten (10) days following the effective
date of the action or decision complained of. Such appeal shall set
out a copy of the order or decision appealed from and shall include
a statement of the facts relied upon to avoid such order.
B.
At the time of filing any such appeal, a copy thereof shall be filed
by the appellant with the City Manager and City Clerk.
[CC 1988 §13-66; Ord.
No. 2470 §48, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A.
The Mayor shall fix a time and place for hearing the appeal and shall cause a written notice to be served upon the appellant informing him/her thereof. If such service of appellant cannot be had, service shall be as otherwise provided in Section 605.360. The Mayor shall also give such notice to the City Manager and the City Clerk, and such officers shall be entitled to appear and defend such order. The hearing shall be before a regular or special meeting of the City Council, and a majority decision of the members of the City Council shall control in determining the appeal.
B.
The findings of the City Council shall be final and conclusive and
shall be served upon the appellant as provided in this Section.
[CC 1988 §13-67; Ord.
No. 2470 §49, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
Upon revocation or suspension of any license under this Chapter,
no refund of any portion of the license fee shall be made to the licensee,
and he/she shall immediately cease all business at all places under
such license.
[CC 1988 §13-68; Ord.
No. 2470 §50, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord.
No. 3986 §2, 9-16-2013]
A.
The amount of any unpaid fee, the payment of which is required under
this Chapter, shall constitute a debt due the City, and the City Counselor
shall, at the direction of the City Manager, institute civil suit
to recover any such unpaid fee.
B.
No civil judgment or any act by the City Counselor, the City Manager,
the Finance Clerk or the violator shall bar or prevent a prosecution
for each and every violation of this Chapter in the Municipal Court
of the City or in any other court of competent jurisdiction.
[Ord. No. 3988 §1, 9-16-2013]
C.
No criminal judgment, or any act by the City Counselor, the City
Manager, the Finance Clerk or the violator shall bar or prevent a
civil action for recovery of fees, taxes or penalties due under the
provisions of this Chapter from any person who has been convicted
of a violation of this Chapter.
[Ord. No. 3988 §1, 9-16-2013]
