Cross Reference — As to cruising of motor vehicles on business property, §340.260.
[Ord. No. 050509D §4, 5-9-2005; Ord. No. 131209B §1, 12-9-2013]
No person, firm, corporation or partnership shall engage in
any occupation trade, callings, professions or establishments named
within the City of Willard without securing a license as set out in
this Chapter. In applying for said license, no person, firm, corporation
or partnership shall knowingly make any false statement or fail to
comply with any provision of this Article.
[Ord. No. 131209B §1, 12-9-2013]
As used in this Chapter, the following words have the meanings
indicated:
It shall be unlawful for any person who is required by the
provisions of this Chapter to secure a license to advertise the activity
without first securing such license. The listing in an advertisement
of an address which is inside the City or a telephone number which
is located inside the City shall constitute prima facie evidence that
the person is engaged in the business activity that is being advertised.
For purposes of this Section, "advertising" means the use of any handbill,
billboard, sign, newspaper, radio, loudspeaker, television, telephone
listing, computer listing or other message or device whereby the services
or products are offered to the public.
Every person, corporation, partnership, limited liability
company, limited liability partnership, professional corporation,
sole proprietor, or association of persons who shall deal in the selling
of goods, wares and merchandise at any store, stand or place occupied
for that purpose. Merchants doing business in this State who shall,
as a practice in the conduct of such business, make or cause to be
made any wholesale or retail sales of goods, wares and merchandise
to any person, corporation, copartnership or association of persons
shall be deemed to be a merchant whether said sales be accommodation
sales, whether they be made from a stock of goods on hand or by ordering
goods from another source, and whether the subject of said sales be
similar or different types of goods than the type, if any, regularly
manufactured, processed or sold by said seller.
A person, corporation, firm, individual or partnership who
holds or purchases personal property for the purpose of adding to
the value thereof by any process of manufacturing, refining or by
any combination of different materials or who shall purchase and sell
articles such as he/she manufactures.
Every person, corporation, partnership, limited liability
company, limited liability partnership, professional corporation,
sole proprietor, or association of persons selling merchandise on
the streets, sidewalks or house to house delivering at time of sale
or taking orders and delivering later.
[Ord. No. 131209B §1, 12-9-2013]
A.
No person shall engage in any of the following occupations, trades,
callings, professions, privileges or any of the following institutions
or establishments without securing a license as set out in this Chapter:
1.
Business or occupation.
a.
Banks: twenty-five dollars ($25.00) per annum.
b.
Contractors, including building, electrical, plumbing: twenty-five
dollars ($25.00) per annum.
c.
Hotels and motels: fifty dollars ($50.00) per annum.
d.
Manufacturers: fifty dollars ($50.00) per annum.
e.
Merchants or businesses not specifically listed herein: twenty-five
dollars ($25.00) per annum.
f.
Amusement devices not located in permanent tax-paying buildings:
twenty-five dollars ($25.00) for the first device and one dollar ($1.00)
for each additional device.
g.
Automobile dealers, brokers or sales agents in new or used automobiles:
twenty-five dollars ($25.00) per annum, upon the filing with the City
Clerk a license and permit bond in the amount of two thousand five
hundred dollars ($2,500.00) and a minimum liability insurance policy
of ten thousand dollars ($10,000.00) for personal injury and five
thousand dollars ($5,000.00) property damage; such bond and insurance
to be written by companies licensed to do business in the State of
Missouri. Said bond shall be conditioned upon the faithful compliance
with all applicable provisions of this Article and other City ordinances
or the applicable Statutes, rules and regulations of the State and
faithful performance of any contracts of the licensee arising out
of or in connection with the licensed business.
h.
Magazine and book solicitors: twenty-five dollars ($25.00) for
each supervisor and ten dollars ($10.00) for each solicitor, upon
filing with the City Clerk a license and permit bond in the amount
of one thousand dollars ($1,000.00) by any solicitor or supervisor
of any contract for the sale of magazines or books between any persons
in the City and the solicitor or supervisor, whether acting as an
agent for any company or for himself/herself, such bond to be by a
bonding company authorized to do business in the State. Any bond issued
by any company for the purpose of this Subsection shall be deemed
to be conditioned upon the faithful performance of magazine and book
contracts as above required, whether or not such bond shall be expressly
so conditioned. Any license issued to a magazine or book supervisor
or solicitor shall be issued to a named individual and shall not be
transferable.
i.
Peddlers: twenty-five dollars ($25.00) per annum, upon filing
with the City Clerk a license and permit bond in the amount of one
thousand dollars ($1,000.00) conditioned upon the faithful performance
by any solicitor or supervisor of any contract for the sale of merchandise
between any persons in the City and the solicitor or supervisor, whether
acting as an agent for any company or for himself/herself, such bond
to be by a bonding company authorized to do business in the State.
Any bond issued by any company for the purpose of this Subsection
shall be deemed to be conditioned upon the faithful performance of
any contracts between any peddler and persons of this City, whether
or not such bond shall be expressly so conditioned. Any license issued
to any peddler or his/her supervisor shall be issued to a named individual
and shall not be transferable.
j.
Spraying services by exterminators and pest control businesses:
twenty-five dollars ($25.00) per annum, upon filing with the City
Clerk a license and permit bond in the amount of one thousand dollars
($1,000.00) conditioned upon the faithful performance by any solicitor
or supervisor of any contract for the sale of merchandise between
any persons in the City and the solicitor or supervisor, whether acting
as an agent for any company or for himself/herself, such bond to be
by a bonding company authorized to do business in the State. Any bond
issued by any company for the purpose of this Subsection shall be
deemed to be conditioned upon the faithful performance of any contracts
between any peddler and persons of this City, whether or not such
bond shall be expressly so conditioned. Any license issued to any
peddler or his/her supervisor shall be issued to a named individual
and shall not be transferable.
k.
Tree surgeons, tree trimming, tree removing and tree plant treating
and spraying services: twenty-five dollars ($25.00) per annum, upon
filing with the City Clerk a license and permit bond in the amount
of one thousand dollars ($1,000.00) conditioned upon the faithful
performance by any solicitor or supervisor of any contract for the
sale of merchandise between any persons in the City and the solicitor
or supervisor, whether acting as an agent for any company or for himself/herself,
such bond to be by a bonding company authorized to do business in
the State. Any bond issued by any company for the purpose of this
Subsection shall be deemed to be conditioned upon the faithful performance
of any contracts between any peddler and persons of this City, whether
or not such bond shall be expressly so conditioned. Any license issued
to any peddler or his/her supervisor shall be issued to a named individual
and shall not be transferable.
B.
This Chapter shall not apply to religious, charitable and/or non-profit
organizations.
[Ord. No. 050509D §§2—3, 5-9-2005; Ord. No. 131209B §1, 12-9-2013]
A.
Payment of License Fee. Any person, firm, partnership
or corporation who shall desire to take out any license as provided
by this Article shall pay over to the City Clerk the amount of license
fee as provided in this Article, and the City Clerk shall issue his/her
license and receipt.
B.
Payment Of Taxes. No license shall be issued until
all personal taxes and license taxes of the applicant for such licenses
for the previous years shall have been paid.
C.
Retail Sales. The possession of a retail sales license
and a statement from the Department of Revenue that the licensee owes
no tax due under Sections 144.010 to 144.510 or Sections 143.191 to
143.261, RSMo., shall be a prerequisite to the issuance or renewal
of any City license under this Section which is required for conducting
any business where goods are sold at retail. The date of issuance
on the statement that the licensee owes no tax due shall be no more
than ninety (90) days before the date of submission for application
or renewal of the license. The revocation of a retailer's license
by the Director shall render the City license null and void.
D.
Proof Of Identity. No license shall be issued without
proof of a valid identification card or valid driver's license.
E.
Proof Of Insurance.
1.
All contractors in the construction industry who perform work
in the City of Willard shall obtain a City of Willard business license
and shall require any subcontractors on any such job to obtain a City
of Willard business license. In addition to the fees required by this
Chapter, a contractor and subcontractor shall provide proof of a certificate
of insurance for workers' compensation coverage if the applicant is
required to cover his or her liability under RSMo. Chapter 287, Workers'
Compensation Law.
2.
If the contractor or subcontractor does not possess workers'
compensation, then a completed Affidavit of Exemption for Workers'
Compensation Insurance (Form WE-134 AI), must be provided to the City.
F.
Peddlers' Waiting Period. For any peddler, as described under Section 605.015 (Definitions), the following shall apply: There shall be a two-week waiting period from the submission date of the application to allow for a criminal record check to be completed by the City of Willard.
[Ord. No. 140414A §1, 4-14-2014]
1.
In addition to meeting/conforming to all other applicable requirements of this Chapter, peddlers (as described under Section 605.015, Definitions) must further:
a.
Fill out/complete the attached application for a solicitation
license for each individual (peddler, solicitor, canvasser, etc.)
who will be involved in the selling, solicitation, taking of orders
or delivery on behalf of the person, corporation, partnership, limited
liability company, limited liability partnership, professional corporation,
sole proprietorship, association of persons, etc.
b.
Fill out/complete the request for criminal record check for
each individual (peddler, solicitor, canvasser, etc.) who will be
involved in the selling, solicitation, taking of orders or delivery
on behalf of the person, corporation, partnership, limited liability
company, limited liability partnership, professional corporation,
sole proprietorship, association of persons, etc. The applicant will
bear the cost of obtaining the criminal history record per the fee
established by the State of Missouri. Such criminal history shall
be good for the period of January 1 through December 31 of the year
of application.
c.
After the application has been received and after payment for
the license has been received and after the criminal record history
has been run, the City will issue the solicitor's license if
all of the above items/steps/processes are or have been approved.
3.
Miscellaneous.
a.
The penalty for violation of any of these provisions will be
the immediate revocation of the solicitation license.
b.
A fine may also be imposed on the peddler of not less than ten
dollars ($10.00) nor more than five hundred dollars ($500.00).
c.
The City reserves the right to revoke a peddler's license
if, in the opinion of the City Clerk or the Chief of Police or their
designees, that any peddler, solicitor, canvasser, etc., actions while
soliciting citizens of Willard constitute a nuisance, or threat to
the citizens of Willard or is a violation of City ordinance, or if
their criminal history reveals past conduct which would jeopardize
the safety of the citizens of Willard.
[Ord. No. 160912 §1, 9-12-2016]
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Any person whose peddler's license is revoked by the City
may appeal the revocation to the Municipal Judge by filing an appeal
within ten (10) days of such revocation of the peddler's license.
The appeal form shall be kept by the City Clerk and supplied upon
request and who shall notify the Clerk of the Court of such appeal
and who shall set the matter before the Municipal Judge for hearing.
A copy of said appeal form is attached hereto and incorporated herein
by reference as Exhibit "A," held on file in the City offices.
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[Ord. No. 131209B §1, 12-9-2013]
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 Willard.
[1]
Editor's Note: Former Section 605.030, Annual License
Fees, as adopted and amended by Ord. No. 050509D §1, 5-9-2005,
was repealed by Ord. No. 131209B §1, 12-9-2013.
[Ord. No. 131209B §1, 12-9-2013]
All applications and payment for renewal of a license provided
for herein shall be filed no later than December 31 of each year.
[Ord. No. 050509D §5, 5-9-2005; Ord. No. 131209B §1, 12-9-2013]
All licenses issued shall be displayed in a conspicuous place
in the place of business authorized to be conducted and shall be removed
after expiration.
[Ord. No. 050509D §6, 5-9-2005; Ord. No. 131209B §1, 12-9-2013]
Any license issued under the provisions of this Article shall
be non-transferable and shall not be assigned in any manner whatsoever.
[Ord. No. 050509D §7, 5-9-2005; Ord. No. 131209B §1, 12-9-2013; Ord. No. 160222B §1, 3-14-2016; Ord. No. 201214D, 12-28-2020]
The license year shall begin on the first day of January of
each year and end on the 31st day of December of each year. The annual
fee for the license shall be seventy-five dollars ($75.00) for all
manufacturing businesses and fifty dollars ($50.00) for all others
if renewed after January 31. No license shall be issued under this
Chapter until personal taxes and license taxes of the applicant for
such a license have been paid for the previous years.
[Ord. No. 050509D §8, 5-9-2005; Ord. No. 131209B §1, 12-9-2013]
A separate license shall be obtained by each place of business
operated by a licensee under this Article.
[Ord. No. 050509D §9, 5-9-2005; Ord. No. 131209B §1, 12-9-2013]
Any person, firm, partnership or corporation engaged in more
than one (1) occupation where all such occupations are operated as
one (1) business under the same management and at the same location
may pay one (1) license fee for all such occupations licensed. This
may also apply in the case of contractors who may engage in more than
one (1) type of contracting.
[Or. No. 131209B §1, 12-9-2013]
A.
All license fees not paid to the City by the person required to remit
the same on the date when the same becomes due and payable to the
Director of Revenue shall bear interest at the rate determined by
Section 32.065, RSMo., from and after such date until paid.
B.
Failure to apply for any license required by this Chapter or before
the date prescribed, will result in an additional fee of five percent
(5%) of the amount of such tax for the first thirty (30) days, and
an additional five percent (5%) for each additional month or fraction
thereof, not to exceed twenty-five percent (25%) in the aggregate.
C.
In case of failure to pay the full amount of any license fee due
hereunder on or before the date prescribed therefor, determined with
regard to any extension of time for payment, unless it is shown, by
the applicant, that such failure is due to reasonable cause and not
the result of willful neglect, evasion or fraudulent intent, there
shall be added to the tax an amount equal to five percent (5%) of
the deficiency. The City shall, upon request by a taxpayer, apprise
the taxpayer of the factual basis for the finding of negligence, or
the specific rules or regulations disregarded if the City assesses
a penalty under this Subsection.
[Ord. No. 980608-A §§1 — 3, 6-8-1998]
A.
It
shall be unlawful for any person or persons to conduct or hold indoor
sales, outdoor sales, garage sales, yard sales or moving sales in
any district designated by zoning to be residential (including those
areas designated "R-1", "R-2" or "R-3") in excess of two (2) times
per calendar year;
B.
No
indoor sales, outdoor sales, garage sales, yard sales or moving sales
shall be conducted for more than two (2) consecutive days and may
be conducted between the hours of 7:00 A.M. and 7:00 P.M. only; and
C.
The
penalty for violation of this shall be a fine of not less than ten
dollars ($10.00) nor more than five hundred dollars ($500.00).
[Ord. No. 131209B §1, 12-9-2013]
A.
Any public official authorized to do so by the Board of Aldermen
observing or receiving valid information of violations of this Chapter
may give a verbal or written order to stop conducting business immediately
to the owner of the business or workers present on the property.
B.
Each day of operation after a stop order has been given is a separate
offense.
