It shall be unlawful for any person, firm or corporation to
engage in any business or occupation in the City of Seymour without
having first applied for and obtained a license to conduct such business
or occupation from the City Clerk and without paying the license fee
therefor, all as provided for in this Chapter.
[Code 1999 §605.015; CC 1979 §420.030; Ord. No. 267 §3, 6-10-1974]
The term "merchant", as used in this Chapter,
shall include every person who shall deal in the selling of any goods,
wares, merchandise or personal property of any description or providing
any service or manufacturing a product at any store, stand or place
occupied for that purpose within the limits of the City of Seymour,
Missouri, except as is or may be provided by this Chapter.
A.
All
applications for the licenses required herein shall be made to the
City Clerk on appropriate forms provided for that purpose by the City.
All licenses issued by the City Clerk shall be in such form as is
provided by the Board of Aldermen; provided however, that such license
shall bear the signature of the Mayor of the Board of Aldermen and
the City Clerk, the date of issuance thereof and the date of expiration,
as well as any additional information that may be required by the
Board of Aldermen.
B.
Each
applicant for a business license under this Chapter shall submit a
statement from the Missouri Department of Revenue pursuant to Section
144.083.4, RSMo., stating no tax is due, which statement is a prerequisite
to the issuance or renewal of a City business license. The statement
required by this Section shall be dated within ninety (90) days of
submission of the business license application or renewal application.
[Code 1999 §605.025; CC 1979 §420.020; Ord. No. 321 §420.020, 6-14-1979]
Every person who shall within the City of Seymour, Missouri, operate as a merchant any business shall first pay to the City a license tax as listed in Section 605.030 of this Chapter.
[Code 1999 §605.030; CC 1979 Art. IV Sch. I §§410.000,
420.000; Ord. No. 321 Sch. I §§410.000,
420.000, 6-14-1979]
Annual license fees are as follows:
|
Amusements
| |
|---|---|
|
Annual fee
|
$30.00
|
|
Per day
|
$5.00
|
|
Per week
|
$10.00
|
|
Per month
|
$15.00
|
|
Other Businesses
| |
|---|---|
|
Annual fee
|
$30.00
|
|
Per day
|
$5.00
|
|
Per week
|
$10.00
|
|
Per month
|
$15.00
|
[Ord. No. 837, 1-12-2023]
If any annual license fee is due and remains unpaid after the
first (1st) of August, the late fee will be thirty dollars ($30.00).
If any annual license fee is due and remains unpaid after the first
(1st) of September, the late fee is sixty dollars ($60.00). If any
annual license fee is due and remains unpaid after the first (1st)
of October a citation will be issued.
No license issued under the provisions of this Chapter shall
be assignable or transferable, but shall apply only to the person
to whom same is issued. In the event any licensee, as provided for
herein, shall move his/her place of business from one location to
another location within the City, said licensee shall submit a statement
of the fact of such change to the City Clerk who may transfer such
license as to location only. In no event, however, shall such license
be transferred from one person to another or from the kind of business
or occupation originally licensed to another type of business or occupation.
The term of the licenses issued pursuant to the provisions of
this Chapter shall be from July first (1st) of one (1) year to June
thirtieth (30th) of the succeeding year. In the event any licensee
hereunder shall commence business on or after January first (1st),
the City Clerk shall issue such license at the rate of one-half (½)
of the license fee for such six (6) month period of January first
(1st) to June thirtieth (30th) or fraction thereof.
Each license issued by the City under the provisions of this
Chapter shall be carefully preserved and shall be displayed in a conspicuous
place in the place of business authorized to be conducted by said
license. If there is no place of business, said license shall be carried
on the licensee's person.
[Ord. No. 822, 4-28-2022]
A.
Purpose.
The purpose of this Section is to preserve and promote the health,
safety and general welfare of the public. Promoting compatibility
among land uses within the community through regulations intended
to minimize the harmful or nuisance effects resulting from noise,
location, and other objectionable activities associated with the Mobile
Food Vending industry.
B.
MOBILE FOOD TRUCK
MOBILE FOOD VENDING
Definitions.
For the purposes of these regulations the following terms shall be
defined as follows:
A licensed, motorized vehicle that includes a self-contained
or attached trailer kitchen in which food is prepared, processed,
or stored and such vehicle is used to sell and dispense food to the
general public.
An individual providing for the preparation and sale of food
with the use of a traveling cooking equipment used for vending. Approved
equipment includes motorized food trucks, tow behind trailers and
cooking equipment that can be erected under a tent on a temporary
basis.
C.
Use
Standards. A person operating a mobile food truck on private property
shall be allowed subject to the following regulations:
1.
Mobile Food Truck Business Activity to Be Temporary. All business
activity related to mobile food operations shall be of a temporary
nature subject to the following requirements:
2.
Any auxiliary power required for the operation of the mobile food
truck shall be self-contained. No use of public or private power sources
are allowed without providing written consent from the owner.
3.
All materials generated from a mobile food business that are to be
disposed of should be disposed of legally and properly. It is illegal
to discharge or dispose of any substance material, food, or waste
into the storm drain system.
4.
All grounds utilized by a mobile food truck shall always be maintained
in a clean and attractive manner. Trash and recycling containers shall
be provided for use by the mobile food truck owners. All trash or
debris accumulating within twenty (20) feet of any mobile operation
should be collected by the vendor and deposited into a trash container.
5.
One (1) sign, no larger than twenty-four by thirty-six inches (24"
x 36"), shall be allowed in addition to those signs physically attached
to the vehicle. Said sign shall not be placed further than ten (10)
feet from the mobile food truck.
6.
Only one (1) mobile food truck shall be allowed on a property at
any given time..
7.
The mobile food truck shall not have a drive-through.
8.
Lighting, activities, noise or increased traffic associated with
a mobile food truck shall not unreasonably disturb surrounding residential
properties.
D.
Location
And Placement Requirements (Site Plan).
1.
Mobile food truck operations are only allowed within a Business District.
2.
Operations are only allowed on private property and City-owned property,
subject to written approval by owner or written City permission given
by the Seymour City Administrator or the Board of Aldermen.
Written approval must be present on the mobile food truck and
available upon request.
3.
Parking is only allowed on an approved hard surface. Parking is not
allowed on grass or other landscaped areas without permission given
by the Seymour City Administrator or the Board of Aldermen.
4.
Mobile food trucks must be parked so that neither the vehicle nor
the customers block driveways of existing buildings or uses, or in
such a manner as to create a traffic hazard.
5.
No mobile food trucks shall interfere with the internal parking lot
circulation.
6.
Mobile food trucks shall not use the public right-of-way unless otherwise
allowed by the Seymour City Administrator or the Board of Aldermen.
7.
Mobile food trucks shall not be permitted to operate on the grounds
of any government office, facility, public park, recreation area,
or other similar public land within the City of Seymour unless given
written permission to do so by the Seymour City Administrator or Board
of Aldermen.
8.
Mobile food vending equipment shall be subject to the above standard
use.
E.
Permit
Requirements.
1.
No mobile food truck or mobile food vending operator shall operate
within the boundaries of the City of Seymour without first obtaining
a business license from and providing a copy of Health Department
inspection to the City Clerk of the City of Seymour.
2.
A permit and current Health Department inspection shall be obtained
and maintained by the owner of the mobile food truck.
3.
All City and County permitting, and inspections must be displayed
on the mobile food truck in a place visible by customers.
4.
Vendors shall comply with all Federal, State, County, and City regulations
regarding the sale of any item sold on the mobile food truck.
F.
G.
Violations,
Penalties And Appeals.
1.
A business and occupation license required by this Mobile Food Truck
Code may be suspended by the City Administrator, or his or her assigns,
upon the violation by the holder of any of the terms of this Chapter.
2.
The owner, manager, or operator of a mobile vending unit that is in violation of this Chapter shall be punishable per the provisions of Section 605.100, Penalty and Delinquency. Each day that such unlawful act or violation continues shall be considered a separate offense. In addition, the City may seek recovery of costs and any other legal and equitable remedies as maybe available to the City.
3.
Any person aggrieved by the decision of the City Administrator to
suspend a license shall have the right to appeal to the Board of Aldermen.
Such appeal shall be taken by filing with the Board of Aldermen, within
fourteen (14) days after notice of the suspension has been mailed
to the licensee's last-known address as shown in the City's business
licensing records, a written statement fully setting forth the grounds
for the appeal. The Board of Aldermen shall set a place and time for
hearing the appeal and notice of such hearing shall be mailed to the
licensee, postage prepaid, at his or her last-known address as shown
in the City's mobile vending unit licensing records, at least fifteen
(15) days prior to the date set for hearing. The Board of Aldermen
shall have the authority to reinstate the permit, affirm the suspension,
or fully revoke the permit. The decision and order of the Board of
Aldermen on such appeal shall be final and conclusive.
A.
No
person following for a livelihood the profession or calling of minister
of the 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 this City shall be taxed or made liable to pay any municipal or
other corporation tax or license fee of any description whatever for
the privilege of following or carrying on such profession or calling,
and after December 31, 2003, no investment funds service corporation
as defined in Section 143.451, RSMo., may be required to pay any such
license fee in excess of twenty-five thousand dollars ($25,000.00)
annually, any law, ordinance or Charter to the contrary notwithstanding.
B.
No
person following for a livelihood the profession of insurance agent
or broker, veterinarian, architect, professional engineer, land surveyor,
auctioneer, or real estate broker or salesman in this City shall be
taxed or made liable to pay any municipal or other corporation tax
or license fee for the privilege of following or carrying on his/her
profession unless that person maintains a business office within the
City of Seymour.
A.
Any
license issued by the City pursuant to the provisions of this Chapter
may be revoked by the Board of Aldermen for any of the following reasons,
as well as for any other reasons specified in this Chapter:
1.
Any failure to comply with or any violation of any provisions of
this Chapter, or any other ordinance of the City regulating the business,
occupation or activity licensed, or the Statutes of the State of Missouri
by any licensee.
2.
Violation of the terms and conditions upon which the license was
issued.
3.
Failure of the licensee to pay any tax or obligation due to the City.
4.
Any misrepresentation or false statement in the application for a
license required herein.
5.
Failure to display the license required herein.
|
|
Revocation of any license shall be in addition to any other
penalty or penalties which may be imposed pursuant to these provisions.
|
A.
In
any case in which a complaint has been made to the Board of Aldermen,
or in which the Board of Aldermen have on their own determined that
cause may exist for the revocation of a license under the provisions
of this Chapter, the following procedures shall be followed:
1.
The Board of Aldermen shall set a date for a hearing to consider
the question of revocation.
2.
At least ten (10) days prior to said hearing, written notice shall
be mailed to the licensee, by registered mail, return receipt requested,
to his/her last known address as shown in the records of the City
Clerk advising the licensee of the time, date and place of hearing
and of the reason for considering the revocation of his/her license.
3.
During the pendency of this hearing before the Board of Aldermen,
the licensee shall be permitted to continue the operation of his/her
business.
4.
At the hearing set by the Board of Aldermen, the Board of Aldermen
shall hear all relevant and material evidence justifying the retention
of the license.
5.
The licensee may be present in person and/or by his/her attorney
and may present evidence.
6.
After hearing the evidence presented, the Board of Aldermen shall
vote on the issue of whether the subject license shall be revoked.
7.
The affirmative vote of a majority of the Board of Aldermen shall
be necessary to revoke any license.
Any person, firm or corporation or co-partnership who shall violate any provision of this Chapter, or who shall exercise or attempt to exercise any of the occupations, trades or avocations, or who shall carry on or engage in or attempt to carry on or engage in any of the businesses for which a license is required in this Chapter in the City of Seymour without first paying the tax herein levied and obtaining a license therefor shall, upon conviction, be deemed guilty of an ordinance violation and shall be punished by a fine as specified in Section 100.220 of this Code.
[Code 1999 §605.170; Ord. No. 455 §1, 9-23-1993]
The following definitions apply to this Article:
All public sale of goods conducted from or on a residential
premises for the purpose of disposing of personal property, including,
but not limited to, all sales entitled garage, lawn, yard, attic,
porch, room, backyard, patio, flea market or rummage sale.
Property which is owned, utilized and maintained by an individual
or members of his/her residence and acquired in the normal course
of living in or maintaining a residence. It does not include merchandise
which was purchased for resale or obtained on consignment.
[Code 1999 §605.180; Ord. No. 455 §2, 9-23-1993]
A.
No
garage sale shall be conducted unless and until the person desiring
to conduct such sale shall obtain a permit from the City Clerk. Members
of more than one (1) residence may join in obtaining a permit for
a garage sale to be conducted at the residence of one (1) of them.
There shall be no fee for the permit.
B.
The
permit shall set forth and restrict the date, time and location of
such garage sale, the name and address of applicant and the dates
of any other garage sale conducted at the location within the current
calendar year.
C.
Any
permit in possession of the holder of a garage sale shall be posted
on the premises during the time the sale is conducted in a conspicuous
place visible to the public.
[Code 1999 §605.190; Ord. No. 455 §3, 9-23-1993]
No person shall advertise, conduct, carry on or permit more
than two (2) garage sales upon the grounds of or within any dwelling
within the City within any calendar year.
[Code 1999 §605.200; Ord. No. 455 §4, 9-23-1993]
No person shall conduct, carry on or permit a garage sale to
last more than three (3) days.
[Code 1999 §605.210; Ord. No. 455 §5, 9-23-1993]
Hours of sale are restricted to daylight hours only.
[Code 1999 §605.220; Ord. No. 455 §6, 9-23-1993]
No person shall erect, place, post or mark any sign advertising
a garage sale on any public property, including street signs and posts,
traffic signs or posts, or on any public utility pole. Any sign erected,
placed, posted or marked advertising such garage sale shall be placed
no longer than one (1) day before the sale and shall be removed on
or before the last day of such sale. The person responsible for conducting
such garage sale shall be responsible for removing any such sign.
[Code 1999 §605.230; Ord. No. 455 §7, 9-23-1993]
No person shall display, or permit to be displayed, any goods
offered for sale at a garage sale on any public street or right-of-way.
[Code 1999 §605.240; Ord. No. 455 §8, 9-23-1993]
A.
The
provisions of this Article shall not apply to or affect the following:
1.
Persons selling goods pursuant to an order or process of a court.
2.
Persons acting in accordance with their powers or duties as public
officials.
3.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization when the proceeds for the
sale are used directly for the institution or organization's charitable
purpose and the goods or articles are not sold on a consignment basis.
