[Code 1974 §12-602; CC 2000 §5-103]
As used in this Article, the following terms shall have these prescribed meanings:
AVERAGE NUMBER OF PERSONS EMPLOYED
The average number of persons employed daily in the applicant's business for one (1) year to be determined by ascertaining the total number of hours of service performed by all employees in Mission during the previous year and dividing the total number of hours of service thus obtained by the number of hours of service constituting a year's work of one (1) full-time employee, according to the customs or laws governing such employment. In computing the average number of persons employed, fractions of numbers shall be excluded.
BUSINESS
Includes businesses, trades, occupations, professions and also callings rendering or furnishing a service. Provided, that the name of business, trade, occupation, profession or calling may be used and, when so used, shall refer to the particular business, trade, occupation, profession or calling.
EMPLOYEE
All persons engaged in the operation or conduct of any business, whether as owner, any member of the owner's family, partner, agent, manager, solicitor and any and all other persons employed or working in the business.
FEE
An occupation fee or license fee for City revenue without regulations upon and for the privilege of engaging in business as herein defined.
LICENSE
The document issued by the City acknowledging payment of the required amount of fee and stating the name of the licensee, the kind of business and where located, the period which the fee covers, such other matter as may be required and signed by the proper officer or officers.
PERSON
Any individual, partnership, corporation, firm, organization, association, joint stock company or syndicate who or which is engaged in any business, trade, occupation or profession or rendering or furnishing any service for profit of livelihood and subject to the provisions of this Chapter; provided any individual in the direct employ of any person licensed under the provisions of this Chapter is not a person unless such individual operates as a subcontractor; but is if such individual performs any service or practices a skill for compensation for any person other than his/her licensed employer, he/she is a person and must pay the fee and obtain a license if such be required by the terms of this Chapter.
[Code 1974 §12-603; CC 2000 §5-104]
A. 
Nothing in this Article shall be construed as applying to or taxing:
1. 
The interstate portion of any business;
2. 
Instrumentalities of the Government of the United States, unless authorized by laws of the United States;
3. 
Organizations of any kind or the employees thereof wholly for charitable, religious, benevolent, fraternal, civic, educational, military, municipal or similar purposes and from which profit is not derived, either directly or indirectly, by any individual.
B. 
The City Clerk may require any business, instrumentality of organization claiming to be exempt under this Section to file with him/her a verified statement stating the facts upon which exemption is claimed.
[Code 1974 §12-605; Code 1987; CC 2000 §5-106]
Persons or firms shall before beginning business secure an occupational license in accordance with this Article. The license period shall be from July first (1st) to July first (1st) in each year and the fees required to be paid in one (1) annual payment on or before the first (1st) day of July of each year. A penalty of five percent (5%) per month shall be added in case of failure to pay the required fees when due for each month or fraction thereof that the fees have remained unpaid.
[Code 1974 §12-606; CC 2000 §5-107]
Any person shall, before engaging in any business or before continuing such business after a license has expired, make application for a license and pay the proper fee. Application shall be made to the City Clerk, giving the name of the licensee and any other name under which such business is to be conducted, the type of business, the address of the business so licensed and the interior square footage, average number of persons employed or such other information as may be necessary to determine the amount to be paid. The City Clerk may, in his/her discretion, cause an investigation to be made to verify the accuracy of the information.
[Code 1974 §12-607; Code 1987; CC 2000 §5-108]
There shall be no transfers of license from one person to another except that where a business, including stock, if any, is sold and the new owner continues the business at the same location and under the same name, the license shall continue to expiration. If the holder of a license moves a stock of goods from the location stated on the license to another location and begins business at the new location, he/she may return the license to the City Clerk and secure a substitute license upon payment of any additional prorated amount for the unexpired term, should a greater amount be required at the new location.
[Code 1974 §12-608; Code 1987; CC 2000 §5-109]
Every person or firm commencing business shall first secure an occupational license covering the period from the date from which the business is to be started until the next succeeding July first (1st). The fee which would be payable on an annual basis shall be determined as provided by this Article and the fee for this initial period shall be determined by dividing the annual fee by twelve (12) and multiplying by the number of months or fraction thereof remaining to the next July first (1st). No refunds for business ceasing during the year shall be made.
[Code 1974 §12-609; CC 2000 §5-110; Ord. No. 1477, 3-21-2018]
All licenses hereinbefore provided shall be issued by the City Clerk upon payment of the proper sum to the City Clerk as hereinbefore set forth. All licenses shall be signed by the City Clerk and the City Treasurer, and the City Clerk shall affix thereto the Seal of the City.
[Code 1974 §12-610; CC 2000 §5-111]
The City Clerk shall keep records in which shall be entered the names and addresses of each and every person or firm licensed, the date of the license, the amount paid therefor and the time when the license shall expire.
[Code 1974 §12-611; CC 2000 §5-112]
All persons or firms doing business in a permanent location are hereby required to have their license conspicuously displayed in their place of business and all persons or firms to whom licenses are issued not having a permanent place of business are hereby required to carry their licenses with them and any licensee shall present the license for inspection when requested to do so by any citizen or officer of the City.
[Ord. No. 696, 1-28-1987; CC 2000 §5-114]
A. 
Any person, firm or corporation who shall conduct or pursue in the limits of the City any trade, profession, occupation or business for which a license is required by this Article after a license should have been obtained to conduct or pursue such trade, profession, occupation or business without having obtained the same shall be deemed to do so unlawfully.
B. 
Every person filing a false return shall be guilty of violating this Article and such conduct deemed to be unlawful. Every person or firm shall file the application with the City Clerk and pay the required fee on or before July first (1st) of each year or before commencing business.
C. 
An individual who engages in any business herein required to be licensed on behalf of any corporation, partnership, firm, organization, association, without having first obtained the licenses required, the individual is legally responsible to the same extent as if such acts were in his/her own name or on his/her own behalf and shall be subject to the penalties provided below.
D. 
Any person violating the provisions of this Article shall, upon conviction thereof, be punished by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days, or both. Each day such violation continues shall be considered a separate offense.
E. 
Nothing herein contained shall prevent the City or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
[Code 1974 §12-614; CC 2000 §5-115]
The payment of fine or the serving of a jail sentence for failure to pay the fee and secure a license shall not constitute payment of the fee nor excuse the person from making payment and the City may proceed by civil action to collect the fee.