Cross References — As to prohibition of issuance of licenses to person delinquent in payment of license taxes, personal taxes, etc., §605.070; as to licenses for sale, etc., of alcoholic beverages, §§600.020 et seq.; as to dog licenses, §210.150; as to finance and taxation generally, ch. 140; as to motor vehicles licensing and registration, Ch. 380; as to allowing disorderly, etc., persons to assemble or congregate in or about place of business, §215.227; as to peddlers, solicitors, etc., generally, ch. 610; as to zoning generally, ch. 400, art. VIII.
[R.O. 2011 §605.010; Code 1967 §6-5; CC 1975 §17-1]
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- Any person engaged in any occupation, trade, business or vocation, to whom a license has been issued.
- PLACE OF BUSINESS
- Any lot, enclosure, stand, stall, barn, hut, store, hall, building, warehouse, gallery, tent or structure.
- PROSPECTIVE LICENSEE
- Any person engaged in any occupation, trade, business or vocation to whom a license has not yet been issued.
[R.O. 2011 §605.020; Code 1967 §6-5; CC 1975 §17-3]
The terms "automatic musical instrument, coin-operated", "billiard, pool or snooker table", "marble or pinball machine", "mechanical baseball apparatus", "music machine, coin-operated", "muscle developer", pinball machine, coin-operated", "cane, ball, knife or doll rack", "gasoline pump", "hay press or cutter", "hay scales", "magnifying glasses", "public scales" and "telescopic views" shall be deemed and construed to refer to any person engaged in the business, trade or occupation of renting, leasing, loaning or operating for profit any machine, instrument, device or thing so enumerated, or any person engaged in the business, trade or occupation of causing such machines, instruments, devices or things so enumerated to be held out for public use or convenience, and the amount of the license tax set out in this Chapter shall be deemed and construed to be a tax upon such person so engaged in such occupation, trade or business and shall in no event be deemed a tax upon such machine, instrument, device or thing so enumerated.
Cross Reference — For case holding invalid authority of city to levy license tax on coin-operated music machines, Moots v. City of Trenton, 358 Mo. 273, 214 S.W.2d 31.
[R.O. 2011 §605.030; Ord. No. 2877 §4, 5-29-1979]
Except as excluded by Section 71.620, RSMo., no person or persons, firm, association, organization, partnership, or corporation shall engage in any trade, occupation, avocation, vocation, or business without having procured or obtained a license therefore from the City Collector.
[R.O. 2011 §605.040; CC 1967 §6-11; CC 1975 §17-5; Ord. No. 2877 §12, 5-29-1979]
All applicants for license under the provisions of this Article shall apply in person or by agent at the office of the City Collector and shall pay to such Collector the amount of license tax levied on such trade, business or occupation as herein provided for and required. If, upon examination, the Collector determines that all of the provisions and requirements of this Article have been complied with and that the applicant is entitled to a license, such Collector shall issue a license to such person, which license shall also be signed by the Mayor and City Clerk, with the Seal of the City affixed thereto.
Persons, firms, and businesses affected by this Article shall make application for license no later than June thirtieth (30th) of each year. All license applications, other than new businesses, shall be considered delinquent after this date and subject to a five dollar ($5.00) penalty.
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.
[R.O. 2011 §605.060; Ord. No. 2877 §6, 5-29-1979]
For the purposes of this Article, "gross receipts" are defined as all receipts including cash, credit, fees, commissions, brokerage charges, interest earned, rentals, and property of any kind either from sales made or services rendered, without deduction for the cost of property sold, cost of materials, labor, taxes, interest, and discounts.
[R.O. 2011 §605.070; Ord. No. 2877 §13, 5-29-1979]
The City shall be permitted to make an inspection and audit of the records of any licensee for the purpose of determining the correctness of the licensees application for licenses. Such information is privileged, however, and such personnel are not permitted to divulge such information except in a court proceeding brought to collect the tax as provided in this Article.
[R.O. 2011 §605.080; Code 1967 §6-42; CC 1975 §1-11]
No license or permit issued under the term of this Code or any other ordinance of the City shall be issued to any applicant therefor who, at the time, owes a delinquent license, personal or merchant's and manufacturer's tax to the City, until all such delinquent taxes have been paid.
[R.O. 2011 §605.090; Ord. No. 2877 §8, 5-29-1979]
All licenses shall take effect from the date of issue, July first (1st) of each year, and shall be based upon the gross receipts volume for the previous calendar year of January first (1st) through December thirty-first (31st). In the case of new business, except for those mentioned in Section 605.110 below, a license fee of twenty dollars ($20.00) shall be charged for the first (1st) year or any portion of the year.
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.
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 Trenton.
[R.O. 2011 §605.100; Ord. No. 2877 §5, 5-29-1979; Ord. No. 2884 §1, 8-8-1979; Ord. No. 2014-14 §1, 4-28-2014; Ord. No. 2017-44 § 1, 7-10-2017]
[R.O. 2011 §605.110; Ord. No. 2877 §9, 5-29-1979; Ord. No. 2014-22 §1, 6-9-2014; Ord. No. 2017-45 § 1, 7-10-2017; Ord. No. 2019-35, 6-10-2019]
The following named occupations and businesses are exempt from the gross receipts provisions of this Article. The license fee schedule is as noted:
Fortunetellers, clairvoyants, spiritualistics, palmists, phrenologists, whether or not admissions are charged and not for the benefit of charity: one hundred dollars ($100.00) per day.
Itinerant merchants (persons not maintaining a permanent place of business in the City of Trenton and who travel from place to place selling goods, wares and merchandise, or performing services): one hundred dollars ($100.00) per year.
Carnivals and circuses: fifty dollars ($50.00) per day.
Necromancers: one hundred dollars ($100.00) per day.
Taxicabs, with proof of insurance: fifteen dollars ($15.00) per year.
All persons and/or business entities providing non-retail services in the City of Trenton that have an address registered with the Secretary of State's office inside the City limits of Trenton; and if any such entity is not required to register with the Secretary of State's office, those such entities that have their principal place of business inside of City Limits: fifty dollars ($50.00) per year.
Food trucks providing service to the City's downtown area on Wednesdays during the hours of 11:00 A.M. through 2:00 P.M.: fifteen dollars ($15.00) per day.
All other persons and/or entities providing non-retail services: one hundred dollars ($100.00) per year.
[R.O. 2011 §605.120; Code 1967 §6-3; CC 1975 §17-9]
Where any person engages in more than one form of occupation, trade or business for which licenses are required at a single location, under the same ownership, same management, same building and roof, such person shall pay for a license only for the occupation, trade or business requiring the highest tax.
[R.O. 2011 §605.130; Ord. No. 2877 §7, 5-29-1979]
For the purposes of this Article, one (1) license shall apply to both main and all branch offices of any business operating as one (1) business, but under separate roofs. One (1) license shall also apply where one (1) or more of the listed businesses or occupations is conducted under the same roof or under separate roofs, if the conduct of the business is such to convey the intent of a single business with branch offices.
[R.O. 2011 §605.140; Code 1967 §6-7, CC 1975 §17-10]
The provisions of Section 605.120 shall not apply to licenses for billiard, pool and snooker tables, coin-operated automatic musical instruments, music machines, marble or pinball machines and other pinball machines.
Building contractors shall provide evidence of Workers' Compensation insurance prior to business license purchase. No license required under the provisions of this Section shall be issued by the City Clerk to any building contractor until such building contractor produces a copy of a certificate of insurance for Workers' Compensation coverage if the applicant for the license is required to cover his/her liability under Chapter 287, RSMo. It is further made a violation of this Section to provide false information to the City.
[R.O. 2011 §605.160; Code 1967 §6-12; CC 1975 §17-13]
No license shall be issued upon any game, mechanical machine or mechanical device which involves any chance, risk or gamble.
[R.O. 2011 §605.170; Ord. No. 2877 §14, 5-29-1979]
The license shall be prominently displayed in the place of business.
[R.O. 2011 §605.180; Code 1967 §6-15; CC 1975 §17-16]
The City Clerk shall keep a book in which shall be registered all licenses granted, showing the date, commencement and termination of each license, to whom granted, for what trade, business or occupation and the location thereof, and the amount of the license tax paid.
[R.O. 2011 §605.190; Ord. No. 2877 §11, 5-29-1979]
The City Council shall have the right to revoke any license granted by the city for cause and the City Administrator may suspend any license for cause until the next regular meeting of the City Council, at which time a final decision shall be rendered.
[R.O. 2011 §605.200; Code 1967 §6-17; CC 1975 §17-18]
No licensed huckster's, peddler's or itinerant merchant's vehicle shall be allowed to make a stand on any street or alley, or to obstruct the passage of any street or alley.
[R.O. 2011 §605.210; Code 1967 §6-18; CC 1975 §17-19]
Every person who shall be licensed as a pawnbroker, secondhand store, junk dealer, auto yard or auto wrecking shop shall keep a register, in which he/she shall, at the time of purchase or receipt of any articles, enter the names and residences of the persons from whom he/she shall or may have purchased or received the same, and he/she shall keep the register and the property purchased, if still in the licensee's possession, open and available at all times for examination and inspection of any person asking or demanding the same.
[R.O. 2011 §605.220; Ord. No. 2877 §15, 5-29-1979]
Any person who violates any provision of this Article shall be deemed guilty of an ordinance violation and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the City Jail for not more than three (3) months, or by both such fine and imprisonment. Each day on which a violation of this Article occurs may be considered a separate offense.
[Ord. No. 2013-26 §1, 7-8-2013]
Every food service establishment or restaurant which has the potential to discharge wastewater containing animal or vegetable fats, oils, grease or solids shall have installed the appropriate grease trap or interceptor device to prevent the discharge or concentration of such substances into the sewers. All such grease traps or interceptor devices shall be installed as set out in the Plumbing Code as adopted in Section 525.010 of the Trenton City Code.
Every food service establishment or restaurant required to have a grease trap or interceptor device shall develop a cleaning schedule and shall have such devices serviced, maintained, inspected and cleaned, at the establishment's expense, as frequently as required to prevent discharge of grease into the sanitary sewers. The establishment shall maintain detailed records of such inspection and maintenance in a manner acceptable to the Building Inspector and the Water/Sewer Supervisor of Trenton Municipal Utilities. Records will remain on file for at least one (1) year.
Compliance with this Section, as corroborated by the Building Inspector and the Water/Sewer Supervisor of Trenton Municipal Utilities, shall be an additional condition upon the issuance of an occupation license as set forth in this Chapter.
It shall be unlawful to fail to install, maintain, service or inspect the grease traps or interceptor devices required by this Section, to fail to keep records required by this Section, to fail to allow the inspection of these records by City officials or to operate a food service establishment without first obtaining an occupation license as required by this Chapter of the Trenton City Code.
After February 1, 2014, any person who violates any provision of this Section shall be deemed guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the City Jail for not more than three (3) months, or by both such fine and imprisonment. Each day on which a violation of this Section occurs may be considered a separate offense.