[CC 1988 §13-44; Ord. No. 2470 §12, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
The City Clerk shall issue in the name of the City all licenses and permits required by this Chapter, to all qualified applicants therefor, when all required taxes and fees have been paid in accordance with the provisions of this Chapter. Licenses shall be signed by the City Manager and City Clerk. The City Clerk shall affix the corporate Seal of the City thereto.
[CC 1988 §13-45; Ord. No. 2470 §13, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A. 
The City Clerk shall:
1. 
Rules and regulations. Promulgate such rules and regulations as he/she may consider desirable for the administration of this Chapter. When approved by the City Manager, such rules and regulations shall be placed on file in the office of the City Clerk for inspection and use by the public and the provisions thereof shall be enforced by him/her.
2. 
Adopt forms. Adopt all forms and prescribe the information to be given therein as to character of applicant's business and other relevant matter for all necessary papers.
3. 
Obtain endorsement. Submit all applications, in each proper case, to interested City Officials for their endorsements thereon as to compliance by the applicant with all City ordinances which they have the duty of enforcing.
4. 
Investigate. Investigate and determine the eligibility of any applicant for a license or permit or renewal thereof, as prescribed in this Chapter.
5. 
Give notice. Notify any applicant of the acceptance or rejection of his/her application and, upon refusal of any license or permit and at the applicant's request, state in writing the reasons therefor and deliver them to the applicant.
[CC 1988 §13-46; Ord. No. 2470 §14, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
Taxes and fees required by this Chapter to be paid by any person shall be payable to the City of De Soto. The City Clerk or designated representative shall issue a proper receipt to each person making any such payment.
[CC 1988 §13-47; Ord. No. 2470 §15, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
The City Clerk and all other City Officers who may be officially concerned with administering and enforcing the provisions of this Chapter shall keep all information furnished or secured under the authority of this Chapter in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known, except to the persons charged with the administration of this Chapter; provided, that this Section shall not prohibit any City Officer from testifying as to such information in compliance with a subpoena issuing from a court of competent jurisdiction or from the City Council in any proceeding before it under authority of this Code.
[CC 1988 §13-48; Ord. No. 2470 §16, 7-17-1973; Ord. No. 2743 §1, 11-7-1983; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A. 
The general standards herein set out relative to the qualifications of every applicant for a City license or special permit under this Chapter shall be considered and applied by the City Clerk. The applicant shall:
1. 
No obligations to City. Not be in default under the provisions of this Chapter or indebted or obligated in any manner to the City except for current taxes;
2. 
Legal qualifications. Be qualified in all respects under the provisions of all pertinent ordinances and laws; and
3. 
Retail sales license. Comply with all the applicable provisions of Chapter 144, RSMo., Sales and Use Tax, including obtaining the retail sales license as a prerequisite to the City issuing a license under this Chapter, as required by Section 144.083, RSMo.
[CC 1988 §13-49; Ord. No. 2470 §17, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A. 
Every person required to procure a license or special permit under the provisions of this Chapter shall submit an application therefor to the City Clerk. The application shall:
1. 
Be a written statement upon forms provided by the City Clerk.
2. 
Be accompanied by a receipt from the City Clerk for the full amount of the fees chargeable for such license. Such receipt shall not be construed as approval for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this Code.
[CC 1988 §13-49.1; Ord. No. 3164 §1, 1-19-1994; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3714 §1, 11-20-2006; Ord. No. 3986 §2, 9-16-2013]
A. 
No license or special permit required under the provisions of this Chapter shall be issued by the City Clerk to any applicant until such applicant produces a copy of the certificate of insurance for workers' compensation coverage, if the applicant for the license is required to cover his/her liability under Chapter 287, RSMo., or if the applicant for the license is not required to cover his/her liability under Chapter 287, RSMo., no such license or permit shall be issued by the City Clerk to the applicant until the applicant signs an affidavit, on the form provided by the Division of Workers' Compensation, attesting that the applicant is exempt.
B. 
Any applicant who fails to comply with the provisions of Subsection (A) of this Section shall be denied such a license or special permit until he/she furnishes a certificate of insurance or signs the required affidavit attesting that he/she is exempt.
C. 
An applicant providing fraudulent information pursuant to this Section shall be deemed guilty of a misdemeanor.
D. 
Nothing in this Section shall be construed to create or constitute a liability to or a cause of action against the City in regard to the issuance or non-issuance of any license or special permit for failure to provide evidence of workers' compensation coverage.
[CC 1988 §13-50; Ord. No. 2470 §18, 7-17-1973; Ord. No. 2743 §1, 11-7-1983; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A. 
Each license and special permit issued under this Chapter shall state upon its face the following:
1. 
The name of the licensee and any other name under which the licensed business is to be conducted.
2. 
The kind and address of each business so licensed.
3. 
The amount of license fee therefor, if a license.
4. 
The dates of issuance and expiration thereof.
5. 
Such other information as the City Clerk shall determine.
6. 
That, pursuant to the provisions of Section 144.083, RSMo., the license is null and void automatically and immediately upon the revocation of the retail sales license issued by the State Director of Revenue.
[CC 1988 §13-51; Ord. No. 2470 §19, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
Upon disapproving any application submitted under the provisions of this Chapter, the City Clerk shall refund to the applicant all fees paid in advance; provided that the applicant is not otherwise indebted to the City. When the issuance of a license is denied and any action or proceeding is instituted by the applicant to compel its issuance, such applicant shall not engage in the business of which the license was refused unless a license be issued to him/her pursuant to an order or judgment directing that the license be issued.
[CC 1988 §13-52; Ord. No. 2470 §20, 7-17-1973; Ord. No. 2662 §1, 6-4-1979; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3698 §1, 8-21-2006; Ord. No. 3986 §2, 9-16-2013]
As used in this aArticle, the following terms shall have the meanings indicated:
BRANCH ESTABLISHMENT
Any business that has a second branch establishment of a business that exceeds one hundred fifty dollars ($150.00) of the annual license fee outlined in Section 605.500 for all occupations, trades, vocations and businesses as shown on the schedule of fees in Section 605.500. Drive-up bank facilities are excluded from the definition of branch establishments.
[CC 1988 §13-53; Ord. No. 2470 §21, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A person engaged in two (2) or more businesses at the same location shall be required to obtain a separate license for conducting each of such businesses. A separate business license will be issued for each business.
[CC 1988 §13-55; Ord. No. 2470 §23, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A duplicate license or special permit shall be issued by the City Clerk to replace any license or special 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 of five dollars ($5.00).
[CC 1988 §13-56; Ord. No. 2470 §38, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A. 
For the purpose of enforcing this Chapter, the following persons are authorized to conduct inspections in the manner prescribed in this Article:
1. 
The City Clerk shall make or cause to be made all investigations reasonably necessary.
2. 
The City Manager shall have authority to order the inspection of licensees, businesses and premises by all City Officials having duties to perform with reference to such licensees or businesses.
3. 
All Police Officers shall inspect and examine businesses located within their respective areas of responsibility or beats to enforce compliance with this Chapter.
[CC 1988 §13-57; Ord. No. 2470 §39, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A. 
All persons authorized by this Article to inspect licensees and businesses shall have the authority to enter, with or without search warrant in accord with law, at all reasonable times, the following premises:
1. 
Those for which a license or special permit is required.
2. 
Those for which a license or special permit was issued and which, at the time of inspection, are operating thereunder.
3. 
Those for which the license or special permit has been revoked or suspended.
[CC 1988 §13-58; Ord. No. 2470 §40, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
Persons inspecting licensees, their businesses or premises as authorized by this Article shall report all violations of this Chapter or of other laws or ordinances to the City Manager and shall submit such other reports as the City Manager shall order.
[CC 1988 §13-59; Ord. No. 2470 §41, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
When an inspector has reported any violation of this Chapter or any law or ordinance, the City Manager shall issue to the affected person a provisional order to comply. Such order shall be in writing and shall appraise the affected person as to the acts or omissions which constitute the violation and shall state what action is required on his/her part to comply with the provisions of this Chapter or other ordinance or law of which he/she stands in violation and shall specify a reasonable period of time not more than ten (10) days within which compliance must be accomplished.
[CC 1988 §13-60; Ord. No. 2470 §42, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
Provisional orders and all other orders and notices provided in this Article shall be in writing and shall be served upon the persons affected thereby by personal service on them or upon their agents or representatives, or by posting conspicuously upon their business premises in the City. Depositing of a copy of a provisional order or notice in the United States mail addressed to the affected person at his/her business premises shall meet the requirements of this Section in lieu of personal service or posting on the premises.
[CC 1988 §13-61; Ord. No. 2470 §43, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
Upon written application by the person affected before the expiration of the period for compliance, the City Manager shall order a hearing, which shall be open to the public if so requested by the person affected. Notices of such hearing shall be given the affected person in the manner prescribed in this Article.
[CC 1988 §13-62; Ord. No. 2470 §44, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
Upon written application by the person affected, or on his/her own motion, the City Manager shall have the authority, in a proper case, to extend the time for compliance, to grant a new hearing date, and to change, modify or rescind any recommendation or order.
[CC 1988 §13-63; Ord. No. 2470 §45, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
Upon the failure of the violator to comply with the provisional order or with any order made after hearing, the City Manager shall then declare and make the provisional order final; and the City Manager shall have the authority to suspend or revoke licenses upon making and declaring a provisional order final.
[CC 1988 §13-64; Ord. No. 2470 §46, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
When the conduct of any licensee, agent or employee is so inimitable to the public health, safety and general welfare as to constitute a nuisance and thus give rise to the necessity for immediate action, the City Manager shall have the authority to summarily order the cessation of business and the close of premises or to suspend or revoke the license. Unless waived in writing, within seventy-two (72) hours after he/she has acted summarily, the City Manager shall conduct a special hearing for such action in respect to the summary order as may be therein determined. Notice of such hearing shall be given the affected person in the manner prescribed in this Article.
[CC 1988 §13-65; Ord. No. 2470 §47, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A. 
Any person aggrieved by a decision of the City Manager after hearing shall have the right to appeal to the City Council by filing a written appeal with the Mayor within ten (10) days following the effective date of the action or decision complained of. Such appeal shall set out a copy of the order or decision appealed from and shall include a statement of the facts relied upon to avoid such order.
B. 
At the time of filing any such appeal, a copy thereof shall be filed by the appellant with the City Manager and City Clerk.
[CC 1988 §13-66; Ord. No. 2470 §48, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A. 
The Mayor shall fix a time and place for hearing the appeal and shall cause a written notice to be served upon the appellant informing him/her thereof. If such service of appellant cannot be had, service shall be as otherwise provided in Section 605.360. The Mayor shall also give such notice to the City Manager and the City Clerk, and such officers shall be entitled to appear and defend such order. The hearing shall be before a regular or special meeting of the City Council, and a majority decision of the members of the City Council shall control in determining the appeal.
B. 
The findings of the City Council shall be final and conclusive and shall be served upon the appellant as provided in this Section.
[CC 1988 §13-68; Ord. No. 2470 §50, 7-17-1973; Ord. No. 3396 §1, 2-23-2000; Ord. No. 3986 §2, 9-16-2013]
A. 
The amount of any unpaid fee, the payment of which is required under this Chapter, shall constitute a debt due the City, and the City Counselor shall, at the direction of the City Manager, institute civil suit to recover any such unpaid fee.
B. 
No civil judgment or any act by the City Counselor, the City Manager, the Finance Clerk or the violator shall bar or prevent a prosecution for each and every violation of this Chapter in the Municipal Court of the City or in any other court of competent jurisdiction.
[Ord. No. 3988 §1, 9-16-2013]
C. 
No criminal judgment, or any act by the City Counselor, the City Manager, the Finance Clerk or the violator shall bar or prevent a civil action for recovery of fees, taxes or penalties due under the provisions of this Chapter from any person who has been convicted of a violation of this Chapter.
[Ord. No. 3988 §1, 9-16-2013]