[Ord. No. 3282 §1, 10-21-2008]
When used in Sections 605.010 through 605.170, the following word(s) and phrases shall have the meanings set out herein:
A natural person, firm, partnership, co-partnership, corporation,
company, association, joint stock association and/or their lessees,
duly constituted trustees or receivers, heirs, administrators or assigns.
[Ord. No. 2872 §1(54.010), 8-19-2003; Ord. No. 3282 §1, 10-21-2008]
It shall be unlawful for any person, either directly or indirectly,
to conduct any business, trade, location, calling or occupation in
whole or in part for which a license is required by this Code without
having first procured and thereafter kept in effect after all such
times as required by this Code or Chapter. Nothing in this Chapter
contained shall be construed as authorizing any person to sell intoxicating
or non-intoxicating liquors by virtue of said license.
[Ord. No. 2872 §1(54.020), 8-19-2003; Ord. No. 3282 §1, 10-21-2008]
A.
Except as may be required by this Code, a person shall be deemed to be in a business or engaged 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 services, except construction contractors including,
but not limited to: building, electrical, brick, bridge, cement, paperhanger,
painting, plastering, plumbing, street, sidewalk, sewer, stone and
for curb and gutter installation and all subcontractors;
2.
Soliciting
business or offering goods or services for sale or hire;
3.
Using
any vehicle or any premises in the City for business purposes.
[Ord. No. 2872 §1(54.030), 8-19-2003]
The City Clerk shall make an initial determination of whether
or not any particular business activity, occupation, solicitation
or service shall be embraced within the provisions of this Code. Such
determination shall be reasonably made based upon the generally accepted
concept of each activity, occupation, solicitation or service with
regard and the intention of the General Assembly in Section 94.110
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 all persons affected
thereby unless and until such determination is held invalid by a court
of competent jurisdiction.
[Ord. No. 2872 §1(54.040), 8-19-2003]
The local agents, or other representatives of non-residents
who are doing business or engaged in non-profit enterprises in this
City, shall be personally responsible for compliance, of principal
and of the businesses and enterprises they represent, with applicable
provisions of this Code.
[Ord. No. 2872 §1(54.050), 8-19-2003]
Except as may be provided otherwise by this Code, no license
shall be required by any person for any mere delivery of any person
for property purchased or acquired from such person at his/her regular
place of business outside the City where no intent by such person
is shown to exist to pervade the provision of this Code.
[Ord. No. 2872 §1(54.060), 8-19-2003; Ord. No. 3282 §1, 10-21-2008]
A.
Any license
applied for under this Chapter shall be issued by the City Clerk only
upon compliance by the applicant therefor with this Code, verification
by the City Code Administrator that the proposed business is permitted
in the district in which it is proposed to be located and that the
structure and use in all other respects is in conformance with the
City's building codes and land use ordinances and regulations and
any other rule or regulation of a Governing Body authorized to regulate
business and, when applicable, an occupancy permit issued by the Sullivan
Fire Protection District that the previously occupied building has
met the current Fire Code. For purposes of this Chapter, the City
Clerk, in conjunction with the City Collector, shall develop such
rules and regulations consistent with City ordinances and State law
so as to provide for an orderly method to ensure compliance with all
ordinances and laws and to determine the amount of unpaid taxes, fees,
utility bills or other charges due and owing the City. All business
license applications shall be submitted on forms provided for such
purpose by the City of Sullivan.
B.
Paid Taxes Prerequisite For All New License Applicants.
[Ord. No. 3599 §1, 11-5-2013]
1.
New applicants. Each applicant for an original business
license shall first show that all City taxes are paid. It shall be
unlawful for any person to begin to operate a business or manufacture,
engage in a trade, vocation, profession or occupation unless all City
taxes, other license fees, inspection fees or any other financial
obligations which are delinquent and owing to the City have been paid.
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.
2.
Renewal applicants. Each business applying to renew
its City business license shall show that all fees owed to the City
are paid. It shall be unlawful for any person to renew his or her
or its business license to operate a business or manufacture, engage
in a trade, vocation, profession or occupation unless all City license
fees, inspection fees or any other financial obligations, other than
real estate taxes, which are delinquent and owing to the City have
been paid. 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
[Ord. No. 2872 §1(54.070), 8-19-2003]
A person engaged in two (2) or more businesses at the same location
shall be issued one (1) license which shall specify on its face all
of such businesses. The license fee shall be in addition to any other
applicable tax or fee required by any other Chapter of this Code.
[Ord. No. 2872 §1(54.080), 8-19-2003]
A duplicate license shall be issued by the City Clerk to replace any license or such 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 as set out in Section 160.220 of this Code.
[Ord. No. 2872 §1(54.090), 8-19-2003]
Each licensee under this Chapter who conducts business on or
from a licensed premises shall post and maintain such license upon
the licensed premises in a place where it may be seen at all times.
[Ord. No. 2872 §1(54.100), 8-19-2003]
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 the City Officer having authority to enforce this Chapter and
the persons with whom he/she transacts or seeks to transact business
at their request.
[Ord. No. 2872 §1(54.110), 8-19-2003]
Taxes and fees required by this Chapter to be paid by any person
shall be payable to the City Collector who shall issue a proper receipt
to each person making any such payment.
[Ord. No. 2872 §1(54.120), 8-19-2003]
No license under the provisions of this Chapter shall be granted
for a longer or shorter term than the time specified authorizing a
license tax to be levied and collected and each license shall terminate
on December thirty-first (31st) each year.
[Ord. No. 2872 §1(54.130), 8-19-2003]
No license issued under the provisions of this Chapter shall
be assigned or transferred; no money paid to the City Collector for
any such license shall be refunded by this City or by any office thereof.
[Ord. No. 2872 §1(54.140), 8-19-2003; Ord. No. 3599 §1, 11-5-2013]
A.
It shall
be the duty of the City Collector to establish and promulgate rules
and regulations relative to an orderly method of checking unpaid taxes,
charges, assessments, or other debts in order to determine the amounts
thereof due and owing to the City by any such applicant.
B.
No license
required under the provisions of this Section shall be issued by the
City Clerk to any person until such person certifies whether Workers'
Compensation coverage of the applicant for the license is required
to cover his/her liability under Chapter 287, RSMo. It is further
made a violation of this Article to provide fraudulent information
to the department.
[Ord. No. 2872 §1(54.150), 8-19-2003]
Pursuant to the authority granted by Section 94.110, RSMo., as amended, there is hereby levied, fixed and ordered collected an annual license fee in the amount, manner and form as set out in Section 160.230 of this Code. A resident is one living within the City limits or whose business is located within the City limits of Sullivan.
[Ord. No. 2872 §1(54.160), 8-19-2003]
Any person engaging in any occupation, business, or calling
coming under the provisions of this Chapter shall renew said license
within ten (10) days of the expiration thereof or cease conducting
said occupation, business, or calling. Any person who fails to renew
said license for conducting any occupation, business, or calling without
a proper license shall be subject to a penalty on said license fee
of ten dollars ($10.00) per month. Furthermore, if any person engages
in any occupation, business, or calling without a proper license or
fails to renew said license within ten (10) days of its expiration
and continues to engage in any occupation, business, or calling, they
shall be considered guilty of an offense hereunder for each and every
day said occupation, business, or calling is conducted without the
proper license, punishable by a minimum fee of one hundred dollars
($100.00). It shall be the duty of the City Collector to periodically
check that any person engaged in any occupation, business, or calling
coming under the provisions of this Chapter shall have a business
license and enforce the provisions of this Chapter in the manner consistent
with collection of other debts owed to the City.
[Ord. No. 2872 §1(54.170), 8-19-2003]
Any license issued under the provisions of this Chapter may
be suspended or revoked by the permit issuing authority for the violation
of the licensee of any applicable provision of this Code, State law,
or City ordinance, rule or regulation.
[CC 1979 §55.010]
As used in this Article, the following words and terms shall
mean:
The attempt by publication, dissemination, solicitation or
circulation to induce directly or indirectly any person to enter into
any obligation or acquire any title or interest in any merchandise.
Any objects, wares, goods, commodities, intangibles, real
estate or services.
Any sale, offer for sale, or attempt to sell merchandise
for cash or on credit.
A.
The act,
use or employment by any person of any deception, fraud, false pretense,
false promise, misrepresentation, unfair practice or the concealment,
suppression, or omission of any material fact in connection with the
sale or advertisement of any merchandise in trade or commerce or the
solicitation of any funds for any charitable purpose, as defined in
Section 407.453, RSMo., in or from the State of Missouri, is declared
to be an unlawful practice. The use by any person, in connection with
the sale or advertisement of any merchandise in trade or commerce
or the solicitation of any funds for any charitable purpose, as defined
in Section 407.453, RSMo., in or from the State of Missouri of the
fact that the Attorney General has approved any filing required by
this chapter as the approval, sanction or endorsement of any activity,
project or action of such person, is declared to be an unlawful practice.
Any act, use or employment declared unlawful by this Subsection violates
this Subsection whether committed before, during or after the sale,
advertisement or solicitation.
B.
Nothing
contained in this Section shall apply to:
1.
The
owner or publisher of any newspaper, magazine, publication or printed
matter wherein such advertisement appears, or the owner or operator
of a radio or television station which disseminates such advertisement
when the owner, publisher or operator has no knowledge of the intent,
design or purpose of the advertiser; or
2.
Any
institution or company that is under the direction and supervision
of the director of the department of insurance, director of the division
of credit unions, or director of the division of finance, unless the
directors of such divisions specifically authorize the Attorney General
to implement the powers of this Chapter or such powers are provided
to either the Attorney General or a private citizen by statute.
C.
Any person
who willfully and knowingly engages in any act, use, employment or
practice declared to be unlawful by this section with the intent to
defraud shall be guilty of a class D felony.
D.
It shall
be the duty of each Prosecuting Attorney and Circuit Attorney in their
respective jurisdictions to commence any criminal actions under this
Section, and the Attorney General shall have concurrent original jurisdiction
to commence such criminal actions throughout the State where such
violations have occurred.
E.
It shall
be an unlawful practice for any long-term care facility, as defined
in Section 660.600, RSMo., except a facility which is a Residential
Care Facility I or a Residential Care Facility II, as defined in Section
198.006, RSMo., which makes, either orally or in writing, representation
to residents, prospective residents, their families or representatives
regarding the quality of care provided, or systems or methods utilized
for assurance or maintenance of standards of care to refuse to provide
copies of documents which reflect the facility's evaluation of the
quality of care, except that the facility may remove information that
would allow identification of any resident. If the facility is requested
to provide any copies, a reasonable amount, as established by departmental
rule, may be charged.
F.
Any long-term
care facility, as defined in Section 660.600, RSMo., which commits
an unlawful practice under this Section shall be liable for damages
in a civil action of up to one thousand dollars for each violation,
and attorney's fees and costs incurred by a prevailing plaintiff,
as allowed by the circuit court.
[CC 1979 §55.030]
A.
A person
commits the offense of deceptive business practices if in the course
of engaging in a business, occupation or profession he/she recklessly:
1.
Uses
or possesses for use a false weight or measure or any other device
for falsely determining or recording any quality or quantity;
2.
Sells,
offers or exposes for sale or delivers less than the represented quantity
of any commodity or service;
3.
Takes
or attempts to take more than the represented quantity of any commodity
or service when as buyer he/she furnishes the weight or measure;
4.
Sells,
offers or exposes for sale adulterated or mislabeled commodities;
or
5.
Makes
a false or misleading written statement for the purpose of obtaining
property or credit.
[CC 1979 §55.040]
In the construction of the preceding Section, the following
terms shall mean:
Varying from the standard of composition or quality prescribed
by Statute or lawfully promulgated administrative regulations of the
United States of America or of this State lawfully filed or, if none,
as set by commercial usage.
Varying from the standard of truth or disclosure in labeling
prescribed by Statute or lawfully promulgated administrative regulations
of the United States of America or of this State lawfully filed or,
if none, as set by commercial usage; or represented as being another
person's product, though otherwise accurately labeled as to quality
and quantity.
A.
A person
commits the offense of odometer fraud in the first degree if he/she
advertises for sale, sells, installs or has installed any device which
causes an odometer to register any mileage other than the true mileage
driven.
B.
For purposes
of this Section, the true mileage driven is that mileage driven by
the vehicle as registered by the odometer within the manufacturer's
designed tolerance.
[CC 1979 §55.060]
A person commits the offense of false advertising if, in connection
with the promotion of the sale of, or to increase the consumption
of, property or services, he/she recklessly makes or causes to be
made a false or misleading statement in any advertisement addressed
to the public or to a substantial number of persons.
[CC 1979 §55.070]
A.
A person
commits the offense of bait advertising if he/she advertises in any
manner the sale of property or services with the purpose not to sell
or provide the property or services:
[CC 1979 §55.080]
The offense described in Sections 605.200 through 605.240 shall be included offenses in the unlawful practices prohibited by Section 605.190. No person shall be convicted of a violation of both Section 605.190 and of one (1) or more of Sections 605.200 through 605.240 as a result of the same act by him/her.
