[CC 1988 §24.100]
No person, firm, co-partnership or corporation shall in this
City, without first obtaining a license therefor, own, manage or carry
on any menagerie, circus, side shows museum, theatrical performance,
equestrian performance, street exhibition, sparring exhibition, dance,
public ball or masquerade, operatic performance, minstrel performance,
puppet show or performance of legerdemain, tumbling, wax figures,
ventriloquism, rope or wire walking, pedestrian or wrestling exhibition,
concert, lecture, exhibition of magnifying glasses or the amusement
known as round-about, flying horses or flying dutchman.
[CC 1988 §24.110]
A. Every
person, firm, company or corporation who, for gain, shall exhibit
within this City any menagerie, circus, side show or show shall pay
therefor a license tax as follows:
1. For every circus or menagerie, twenty-five dollars ($25.00) for the
first (1st) twenty-four (24) hours and twenty dollars ($20.00) for
each subsequent day.
2. For a side show to a circus or menagerie, whether carried on under
a separate canvas or in a separate apartment of the main tent, ten
dollars ($10.00) for the first (1st) day and ten dollars ($10.00)
for each subsequent day.
3. For a show of any other kind carried on under canvas or in tents,
five dollars ($5.00) per day.
[CC 1988 §24.120]
A. Every
person, company of persons, troupe or corporation who within this
City shall manage, conduct or carry on for gain any theatrical, operatic,
minstrel or musical performance or exhibition shall pay a license
tax therefor as follows:
1. For every such performance for each twenty-four (24) hours or fraction
thereof, the sum of fifteen dollars ($15.00) for a week's performance
except Sunday, the sum of seventy-five dollars ($75.00) if paid for
the full week in advance.
2. For any street fair or other performance, for ten (10) shows, stands
or booths fifty dollars ($50.00) for each twenty-four (24) hours or
fraction thereof and for each show, stand or booth in addition to
ten (10), three dollars ($3.00) for each twenty-four (24) hours or
fraction thereof.
[CC 1988 §24.130]
A. There
is hereby levied and shall be collected, upon every license for amusements,
exhibitions and performances hereinafter set forth, a license tax
as follows and a separate license is required for each place conducted,
carried on or permitted:
1. Upon a license to conduct or carry on a museum, five dollars ($5.00)
for each day.
2. Upon a license to conduct or carry on a public dance, ball or masquerade
where admission or other charge is made, five dollars ($5.00) per
day.
3. Upon a license to conduct or carry on a dance, ball or masquerade
where no admission charge or other charge is made but where same is
conducted or carried on in connection with an established business,
the sum of five dollars ($5.00) per year, which said license tax shall
be in addition to any other tax or license fee paid for the usual
business of the licensee.
4. Upon a license to conduct or carry on any equestrian performance,
street exhibition, sparring exhibition, puppet show, performance of
legerdemain, tumbling, wax figures, ventriloquism, rope or wire walking
or wrestling or pedestrian exhibition, five dollars ($5.00) for the
first (1st) day and three dollars ($3.00) for each additional day.
5. Upon a license to exhibit any kind of magnifying glasses, two dollars
($2.00) for the first (1st) day and one dollar ($1.00) for each additional
day.
6. Upon a license to give a concert or exhibition of horoscopic or other
views, two dollars ($2.00) per day.
7. Upon a license to conduct or carry on the amusement known as roundabout,
flying horses or flying dutchman, five dollars ($5.00) for the first
(1st) day and one dollar ($1.00) for each additional day.
[CC 1988 §24.140]
Every person or persons, company or corporation who shall engage
in running or operating a skating rink within the City, either for
gain, pleasure or amusement, shall pay therefor a license tax of twenty
dollars ($20.00) per year.
[CC 1988 §24.210]
Nothing in this Chapter shall be so construed as to require
a license for any entertainment given by the citizens of this City
when the same shall not be for gain or profit to the persons giving
such entertainment and no license shall be required for any concert,
tableau or other exhibition when the same is given solely for religious
or charitable purposes.
[CC 1988 §24.220]
No dance, ball or masquerade shall be permitted or carried on
in any place within the City on the first (1st) day of the week commonly
called Sunday or between the hours of 1:00 A.M. and 7:00 A.M. of any
day and shall not be permitted or carried on in any place where the
public view is obstructed by blinds, screens, swinging doors, curtains
or any other thing or object.
[CC 1988 §24.230]
Persons in an intoxicated condition shall not be permitted on the premises where any of the amusements, exhibitions or performances enumerated in Section
605.010 hereof are permitted or carried on and no intoxicating liquor or non-intoxicating beer shall be permitted on the premises.
[CC 1988 §24.250; Ord. No. 2012-23, 9-25-2012]
Whenever it shall be shown or when the Board of Aldermen has
knowledge that a licensee hereunder has not at all times kept an orderly
place or has violated any of the provisions of this Chapter, or has
been convicted of selling an illegal substance at their place of business,
the Board of Aldermen shall have power to revoke the license granted
but the licensee shall be given not less than five (5) days' notice
of the hearing on the matter of the revocation of the license and
the licensee shall have the right to be present, be represented by
counsel and present evidence in his/her behalf.
[CC 1988 §24.260]
No person, firm, company or corporation, without first having
obtained a license therefor, shall in this City engage in or carry
on the business of a merchant, bank, manufacturer, druggist, lumber
dealer, confectioner, bakery, restaurant, hotel, public boarding house
or a public lodging house, grocer, commission merchant, produce or
grain dealer, tobacconist, milliner, junk dealer, house and real estate
agent, mercantile agent, sewing machine agent, agricultural implement
agent, advertising agent or bill poster, express company, butcher,
huckster, hawker, manufacturer of soda or mineral waters or shall
keep a wagon yard, stockyard, wood yard, coal yard, livery stable,
feed or boarding stable, barbershop, steam laundry, billiard table,
pool table, pigeon hole table, bagatelle table, shovel board, pistol
gallery or shooting gallery, beer depot or store room, ten (10) pin
alley or ball alley or shall run drays, transfer express and job wagons
or shall for gain keep or operate any apparatus or contrivance known
as a lung tester or muscle developer or shall engage in the business,
agency, avocation or profession of a clairvoyant, astrologist or fortune
teller, artist, photographer, peddler of merchandise, peddler of patent
inventions, peddler of lightning rods or peddler of small articles
of household necessity or ornament.
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 Eldon.
[Ord. No. 2017-33, 9-26-2017]
A. The licensing year runs from January 1 to December 31. The license
shall be renewed annually. Any tax on new licenses obtained between
the months of February through December shall be prorated.
B. Applications will be mailed or emailed to each business establishment
by the last day of January. The applicant will need to record correct
information on the application, and schedule an inspection performed
by the Eldon Codes Department.
[Ord. No. 11-2020, 3-24-2020; Ord. No. 16-2022, 3-22-2022; Ord. No. 56-2023, 8-8-2023]
C. In order to obtain a new license or renew a current license, the
business establishment must submit a completed application and a performed
inspection by the Eldon Codes Department.
[Ord. No. 56-2023, 8-8-2023; Ord. No. 80-2023, 11-28-2023]
D. The
business application/safety inspection will be completed for the following
year. The application and inspection must be submitted no later than
the first day of September of that calendar year. The City of Eldon
will begin issuing business licenses for the following year upon completion
of application, proof of liability insurance and payment of license
and inspection.
[Ord. No. 56-2023, 8-8-2023]
[CC 1988 §24.270; Ord. No. 2017-33, 9-26-2017]
A. There shall be levied and collected upon every license issued under
the provisions of this Chapter and before the same shall be delivered
a license tax as follows:
1.
Advertising agent/agency: one hundred dollars ($100.00) per
annum.
2.
Agents (all other agents not otherwise provided for by ordinance):
one hundred dollars ($100.00) per annum.
3.
Agricultural implement or farm machinery agent: one hundred
dollars ($100.00) per annum.
4.
Artists: one hundred dollars ($100.00) per annum.
5.
Auctioneers: one hundred dollars ($100.00) per annum.
6.
Automobile agency and dealer: one hundred dollars ($100.00)
per annum.
7.
Bakeries: one hundred dollars ($100.00) per annum.
8.
Barbershops: one hundred dollars ($100.00) per annum.
10.
Billiard, pool and other tables (played with balls or with balls
and cues): one hundred dollars ($100.00) per annum.
11.
Brokers: one hundred dollars ($100.00) per annum.
12.
Butcher's shop or meat market: one hundred dollars ($100.00)
per annum.
13.
Clairvoyant, fortunetellers or astrologist (no reduction for
any fractional part of a year): one hundred dollars ($100.00) per
annum.
15.
Confectioners: one hundred dollars ($100.00) per annum.
16.
Dealers in automobile accessories: one hundred dollars ($100.00)
per annum.
17.
Druggists: one hundred dollars ($100.00) per annum.
19.
Gas companies: one hundred dollars ($100.00) per annum.
20.
Gasoline filling stations: one hundred dollars ($100.00) per
annum.
22.
Grocers: one hundred dollars ($100.00) per annum.
24.
Horse or cattle dealers: one hundred dollars ($100.00) per annum.
25.
House and real estate agent: one hundred dollars ($100.00) per
annum.
27.
Ice cream and soft drink stands combined: one hundred dollars
($100.00) per annum.
28.
Ice cream stands: one hundred dollars ($100.00) per annum.
29.
Inspectors: one hundred dollars ($100.00) per annum.
30.
Junk dealer: one hundred dollars ($100.00) per annum.
31.
Laundries (steam laundry or other type): one hundred dollars
($100.00) per annum.
32.
Loan agents: one hundred dollars ($100.00) per annum.
33.
Lumber dealer: one hundred dollars ($100.00) per annum.
35.
Manufacturers: one hundred dollars ($100.00) per annum.
36.
Mercantile agent: one hundred dollars ($100.00) per annum.
37.
Merchants: one hundred dollars ($100.00) per annum.
40.
Patent right dealers: one hundred dollars ($100.00) per annum.
41.
Pawnbroker: one hundred dollars ($100.00) per annum.
42.
Peddlers: twenty-five dollars ($25.00) for the first day and
five dollars ($5.00) for additional days until the sum of one hundred
dollars ($100.00) shall have been paid, at which time a license shall
be issued for a period ending one (1) year from the date of said first
day. Any person holding the merchant's license who conducts a regularly
established business in a building shall also be entitled to a peddler's
license without additional charge for a period of one (1) year when
he/she shall have paid the sum of one hundred dollars ($100.00) required
for said merchant's license.
43.
Photographers: one hundred dollars ($100.00) per annum.
44.
Pistol and shooting gallery: one hundred dollars ($100.00) per
annum.
48.
Sewing machine agent: one hundred dollars ($100.00) per annum.
51.
Stockyard: one hundred dollars ($100.00) per annum.
52.
Taverns: one hundred dollars ($100.00) per annum.
53.
Newspaper companies: one hundred dollars ($100.00) per annum.
54.
Traveling store: twenty dollars ($20.00) per day for the first
five (5) days and five dollars ($5.00) for each additional day thereafter.
56.
Wood and/or coal yard: one hundred dollars ($100.00) per annum.
57.
Day-care/adult-care facilities (including in-home day-care business):
one hundred dollars ($100.00) per annum.
[CC 1988 §§24.290 — 24.300]
A. License — Generally. No person, firm or corporation
shall within the City of Eldon, Missouri, engage in the insurance
business or as an insurance agent or broker, whether the same be fire,
life, accident, tornado, windstorm, hail, sickness, automobile, truck,
plate glass or any other form of insurance covered by a policy, whether
issued immediately or in the future and whether the same be known
as Old Line or Mutual Insurance, without first obtaining a license
therefor, provided that such person, firm or corporation representing
more than one (1) company shall only be required to obtain one (1)
license.
B. Tax. There shall be levied and collected upon every license issued under the provisions of Subsection
(A) of this Section and before the same shall be delivered the sum of one hundred dollars ($100.00) per year, and no license shall be issued for a fractional part of a year.
[Ord. No. 2017-33, 9-26-2017]
[CC 1988 §§24.320 — 24.330]
A. Generally. No person, firm or corporation shall within the
City of Eldon, Missouri, keep or operate a beauty shop, dry cleaning
establishment, public garage or automobile repair shop without first
having obtained a license therefor.
B. Tax. There shall be levied and collected upon every license issued under the provisions of Subsection
(A) of this Section and before the same shall be delivered the sum of one hundred dollars ($100.00) per annum, and no license shall be issued for a fractional part of a year.
[Ord. No. 2017-33, 9-26-2017]
[CC 1988 §24.350; Ord. No. 1189, 2-26-1985]
A. There
shall be levied and collected upon every license issued under provisions
of this Section and before the same shall be delivered a license tax
as follows:
1.
Upon a license as a general contractor or subcontractor, the
business of construction of buildings and related enterprises there
shall be levied and collected upon such a license the sum of one hundred
dollars ($100.00) per year, and no license shall issue for a fractional
part of a year. "Related enterprises" includes persons, firms and
corporations engaged in the following: siding applications, guttering,
roofing, insulation and any and all building trades. This list is
illustrative and is not exclusive.
[Ord. No. 2017-33, 9-26-2017]
2. No person, firm or corporation shall within the City of Eldon, Missouri,
operate as a contractor, general contractor or subcontractor in the
business of building construction until the above license is purchased
and every person, firm or corporation who shall violate any of the
provisions of this Section shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of not less
than ten dollars ($10.00) nor more than one hundred dollars ($100.00).
[CC 1988 §§24.360 — 24.400]
A. Definitions. As used in this Section the following terms
shall have these prescribed meanings:
JUNK
Shall mean and include worn out and discarded materials such
as old iron, glass, paper, ropes, rags, copper, parts of machinery,
brass, rubber, old batteries and all other waste or discarded materials
commonly referred to as junk.
JUNK BUSINESS
Shall mean the business of purchasing, collecting or handling
of junk.
B. License Required. No person, firm, company, association
or corporation without first having obtained a license thereof shall
within the City of Eldon engage in or carry on any junk business.
C. Tax. There shall be levied and collected upon every license
for a junk business the sum of one hundred dollars ($100.00) per annum.
D. Storage Of Certain Junk. It shall be unlawful for any person
engaged in junk business to collect, store or keep inflammable junk
such as rags, papers, rope, baskets, boxes, etc., within the fire
limits of the City of Eldon, unless the same be stored in a building
or structure composed entirely of concrete, brick, stone, metal or
other non-flammable materials, except for window glasses and door
glasses and roof.
[CC 1988 §§24.420 — 24.460]
A. It
shall be unlawful for any person, firm or corporation to engage in
the business of a transient or itinerant photographer, canvasser or
solicitor of photographs or pictures or enlargements of the same taken,
photographed or otherwise made, prepared or enlarged and sold or delivered
or for the transaction of any business in connection therewith within
in the City of Eldon without first having obtained a license so to
do as hereinafter provided and otherwise complying with the provisions
of this Chapter, provided however, nothing in this Chapter contained
shall apply to any one (1) person, firm or corporation actually engaging
in interstate commerce in a bona fide manner and not for the purpose
of evading the provisions of this Chapter.
B. Definitions. As used in this Section the following terms
shall have these prescribed meanings:
TRANSIENT and ITINERANT
Shall be deemed to mean and include all persons both principals
and agents who engage in and conduct within this City, either in one
(1) locality or traveling from house to house and place to place,
a temporary or transient business with the intention of continuing
in such business in any one (1) place for a period not more than one
(1) month.
CANVASSER and SOLICITOR
Shall be deemed to mean and include any person who goes from
house to house or from place to place in the City of Eldon selling
or taking orders for or offering to sell or take orders for photographs,
pictures or enlargements thereof for future delivery.
C. License Required.
1. Any person desiring to engage in the business of a transient, itinerant
photographer, canvasser or solicitor of photographs, other pictures
or enlargements thereof as hereinbefore mentioned and defined within
the said City shall make an application in writing to the Clerk of
said City for the license so to do, which application shall be filed
with the said Clerk at least seven (7) days before such applicant
shall be authorized to begin said business.
2. Such application shall state the name and residence of the applicant,
the place where such business is to be conducted, the kind and type
of photograph or enlargements for which orders are to be taken and
the length of time for which the license is desired.
3. No such license shall issue until there is deposited with the Clerk
a bond in the penal sum of one thousand dollars ($1,000.00) executed
by a surety company or two (2) responsible freeholders residing within
the City of Eldon, which said bond shall first be approved by the
Clerk or, in lieu thereof, a cash bond of equal amount which said
bond shall be conditioned that all photographs, pictures or enlargements
taken or for which orders are taken shall be as represented by him/her
and that he/she will refund any monies or purchase price paid on said
work, which is not as represented and so as to indemnify and reimburse
any person dealing with him/her, in a sum equal to at least the amount
of any payment or payments, such purchaser may have been induced to
make through misrepresentation as to the kind and character of photographic
or enlarging work. Any person so misled or aggrieved by the representations
of any licensee hereunder all have a right of action on the bond for
the recovery of the amount of his/her payment or payments or damages
suffered or both. In the event a cash bond is deposited, the same
shall be retained by said Clerk for a period of one hundred twenty
(120) days after the expiration of any such license.
4. On and after seven (7) days from the filing of such application and
upon the filing of a bond and the approval thereof by the Clerk of
said City, a license shall be issued by said Clerk to such applicant
upon the payment of the following license fee:
a. Five dollars ($5.00) for each day less than a week,
b. Twenty-five dollars ($25.00) for one (1) week, and
c. One hundred dollars ($100.00) for one (1) month.
|
All such license fees shall be paid in advance and if any such
licensee desires to continue in business after the expiration of such
license, a new license shall be secured in the same manner and upon
the same terms as the original license.
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5. Before any license shall issue, there shall also be filed with the
Clerk an instrument in writing, signed by the applicant, nominating
and appointing said City Clerk his/her true and lawful agent with
full power and authority to acknowledge service of notice of process
for and on behalf of said applicant and service of summons in any
action brought upon said bond shall be deemed made when served upon
said Clerk.
D. Regulations For Orders. All orders taken by any licensee
under the provisions of this Act shall be in writing and in duplicate
stating fully the terms thereof, together with the amount paid in
advance and the balance remaining due and one (1) copy of such order
shall be delivered to the purchaser at the time said order is taken.
[CC 1988 §§24.480 — 24.520]
A. Generally. It shall be unlawful for any person or corporation
to maintain or operate within the City of Eldon, Missouri, any information
booth or information office without first having obtained from the
City Clerk of said City a license for the operation of same.
B. License Tax. There is hereby levied upon every license issued under Subsection
(A) of this Section a license tax of twenty-five dollars ($25.00) per year.
C. Names Of Incorporators Required. It shall be unlawful for
any person or corporation maintaining or operating within the City
of Eldon, Missouri, any office wherein information is disseminated,
given or sold to the information booth or information office upon
the public, which said booth or office does not display upon the front
and back sides thereof or front and back sides of a signboard attached
thereto in black letters at least four (4) inches high and one-half
(½) inch wide upon a white background the names of the persons
or corporations maintaining or operating said booth or office and
if said booth or office is maintained by a corporation, then the names
of the stockholders or members of any such corporation; provided,
that if the front and back sides of said Booth or Office or of the
signboard attached thereto are not both visible to the public, then
said names shall be displayed upon the sides of said booth or office
or of said signboard which is visible to the public.
D. Unlawful To Sell Under Name Other Than Incorporators. It shall be unlawful for any person or corporation maintaining or operating or assisting in maintaining or operating within the City of Eldon, Missouri, an information booth or information office under the provisions of this Chapter to disseminate, give out or sell from any such booth or office any information advertising materials for or on behalf of any persons or corporations other than the persons or corporations whose names are displayed upon the sides of said booth or office or upon a signboard attached thereto as provided in Subsection
(C) of this Section.
E. Unlawful To Charge For Information. It shall be unlawful
for any person or corporation to maintain or operate within the City
of Eldon, Missouri, for consideration or profit, any information booth
or information office where information or advertising matter is disseminated
or furnished to the public and those inquiring at said booth or office,
provided that the compensation paid an employee of any persons or
corporations who maintain such a booth or office shall not be taken
and considered as consideration or profit for the operation of said
information booth or information office.
[CC 1988 §§24.540 — 24.560; Ord. No. 2012-34 §1, 12-11-2012]
A. Generally. Every person, persons or corporation who sells
any goods, wares, merchandise or services from a wagon, truck or other
vehicle within the City shall be deemed a vendor of merchandise or
services within the meaning of the Chapter.
B. Solicitation Of Business Prohibited. No person(s),
business or entity shall be allowed to sell, or solicit within the
City limits of Eldon for the purpose of selling, food or other like
product from a vehicle, cart, stand, wagon, mobile unit, portable
unit, truck, trailer or other like vehicle unless such vehicle contains
facilities for the preparation of food and also meets the requirements
of both the City of Eldon, Missouri, and Miller County, Missouri,
for all health and facilities codes or ordinances for food service
preparation establishments, and passes all required inspections for
food service establishments and food sold from such vehicles, except
that vehicles which sell only prepackaged manufactured food items
prepared in an inspected food service facility, and which typically
move from point of sale to point of sale, not stationary in any location
for greater than fifteen (15) minutes, must only meet the requirements
for food service establishments as to hold food at a proper temperature
and in a manner established as proper by the health codes of the City
of Eldon, Missouri and Miller County, Missouri.
[Ord. No. 2014-09 § 1, 4-8-2014]
C. Vendor License. All vendors of merchandise, food, temporary
food establishments, mobile food vendors, food stands, food carts,
and other like food establishments may, however, apply for a business
license for a permit to sell for a period of no more than seven (7)
consecutive days in conjunction with a single event, festival, or
celebration within the City limits of Eldon.
D. Fee. See Section
605.230 Business License Compliance and Safety Inspection.
E. Inspections Required. No person(s), firm or corporation will be allowed to operate or maintain an establishment (permanent or temporary) where food or beverages are served to the public without permits, licenses, or permission from the regulatory authority. All food vendors will need to provide an approved inspection report from State, County and local authorities before a City business license will be issued and only issued as stated in Subsection
(C).
F. Allowed. All vendors may be allowed to sell merchandise,
product or food for a period of no more than seven (7) consecutive
days in conjunction with a single event, festival, or celebration
within the City limits of Eldon.
G. Definition Of Official Event. A festival or celebration
which is recognized as such by the City of Eldon and having been posted
in the local newspaper or other local media is considered to be an
official event.
H. Violation And Penalty. Any person who shall violate a provision
of this Section or the code adopted herein or shall fail to comply
with any requirements thereto or any of the directives of the Code
Enforcement Officer, or other City representative shall be guilty
of a misdemeanor, punishable by a fine of not more than five hundred
dollars ($500.00), or by imprisonment for a period not exceeding ninety
(90) days, or by both fine and imprisonment. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense.
I. Vendor Mobile Unit. Any vehicle, cart, stand, wagon,
mobile unit, portable unit, truck, trailer, or other unit that is
designed to prepare and maintain food at proper temperatures on site.
The unit must be fully self-contained, fully enclosed and stand-alone
without the need for additional storage, canopies, portable propane
tanks, and portable gray water or sewage tanks.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
J. Facilities For Preparation Of Food. The vending
unit shall have adequate working oven, microwave or cooktop and a
refrigerator capable of maintaining food at forty-one degrees Fahrenheit
(41ºF.) or below. Food preparation counters shall be constructed
of smooth, easily cleanable, non-absorbent and non-toxic materials.
A triple bowl sink shall be provided for the preparation of food as
well as a separate sink for hand wash.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
K. Mobile units containing a grill or deep fat fryer must install a
hood with filters and be vented to the outside of the unit. Hood system
suppression system is required.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
L. Outdoor seating and portable bathroom facilities are prohibited.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
M. A vendor mobile unit will not be issued a permit for an area zoned
residential.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
N. A stationary mobile unit shall provide a copy of the lease allowing
occupation of the proposed location.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
O. A stationary mobile unit shall be parked on a hard surface such as
asphalt or concrete.
[Ord. No. 2014-21 §§ 1 — 2, 8-26-2014]
[Ord. No. 29-2022, 6-14-2022]
A. Definitions.
As used in this Section the following terms shall have the meanings
indicated:
MOBILE FOOD VEHICLE
A motorized or towed vehicle (sometimes referred to as a
“food truck”) which may temporarily park in an area designated
by this Section and engage in the preparation, service, sale or distribution
of ready-to-eat food for individual portion service to the general
public directly from the vehicle upon issuance of a license by the
City Clerk and conformance with the regulations established by this
Section.
MOBILE FOOD VEHICLE VENDOR
The registered owner of a mobile food vehicle or the owner’s
agent or employee and referred to in this Section as “vendor.”
B. License
Required: Application.
1. It shall be unlawful for any person or entity (excluding, any religious,
charitable or non-profit organization) to operate a mobile food vehicle
within the City of Eldon without having obtained a license for such
purpose from the City Clerk.
2. Any persons engaged in the service, sale or distribution of ready-to-eat
food for individual portion service as described above to the general
public directly from a vehicle is required to have a food truck license
from the City of Eldon in the amount of one hundred fifty dollars
($150.00). All vendors receiving a license under this Section shall
pay said license fee annually. If a business already possesses a City
of Eldon business license and wishes to also have a food vending vehicle
an additional fee of fifty dollars ($50.00) will be collected.
3. Any person or entity desiring to operate a mobile food vehicle shall
make a written application for such license to the City Clerk. The
application for a license shall be on forms provided by the City of
Eldon, and, shall include, in addition to the information prescribed
by the City Clerk the following:
a. The name, signature, phone number, email address, home address and
business address of the applicant, and the name and address of the
owner if the applicant is not the owner of the business.
b. A description of the intended menu.
c. A description and photograph of the mobile food vehicle to be used,
including the license plate and registration number and vehicle identification
number (VIN number), year, make and model of the vehicle.
d. Proof of an insurance policy, in the amount of fifty thousand dollars/one
hundred thousand dollars/ten thousand dollars ($50,000.00/$100,000.00/$10,000.00)
issued by an insurance company licensed to do business in the State,
covering all claims for damages to property and bodily injury, including
death, which may arise from operation under or in connection with
the license or permit.
e. A copy of the certification from the County Health Department for
the business address where the mobile food vehicle is registered,
and for the food truck or trailer itself.
4. A separate license shall be obtained for each vehicle used by the
mobile food vehicle vendor. No license is required for a vehicle used
solely as a tow vehicle for a food trailer.
5. A special events permit may be issued for limited use during festivals
and street fairs as directed by the Board of Aldermen.
C. Regulations.
1. No operator of a mobile food vehicle shall park, stand, or move a
vehicle and conduct business within areas of the City of Eldon where
the license holder has not been authorized to operate.
2. All mobile food vehicle vendors shall provide a waste container for
public use which the vendor shall empty at its own expense. All trash
and garbage originating from the operation of the mobile food vehicles
shall be collected and disposed of off-site by the operators at least
once each day or as often as is needed to protect the public health,
safety, and welfare. Spills of food or food by-products shall be immediately
cleaned up, and no dumping of gray water within the City shall be
permitted. No dumping of waste or solid waste in or about the City
of Eldon sewer or gray water system is permitted at any time. Access
to the fresh water supply may be authorized by City Hall, at the expense
of the owner of said food truck.
3. No mobile food vehicle shall make or cause to be made any public
nuisance.
4. Signage is only allowed when placed on mobile food vehicles. Separate
freestanding signs are limited to no more than four (4) feet in height
and three (3) feet in width and no more than two (2) per food truck
are permitted.
5. No flashing or blinking lights, or strobe lights are allowed on a
mobile food vehicles or related signage when the vehicle is parked
and engaged in serving customers.
6. Mobile food vehicles shall not in any way restrict or interfere with
the ingress or egress of the abutting property owner or tenant or
otherwise hinder the lawful parking or operation of other vehicles.
7. A vendor shall not operate a mobile food vehicle within five hundred
(500) feet of any fair, festival or special event or civic event that
has been approved by the City of Eldon unless the vendor has been
approved as part of the event and issued a special event permit authorizing
him or her to operate.
8. A vendor shall not operate on private property without first obtaining
written consent from the affected property owner. A private property
owner shall not permit parking by a mobile food vehicle until a mobile
food vehicle license has been granted by the City.
9. Any power or fuel required for the mobile food vehicle shall be self-contained,
and a mobile food vehicle shall not use utilities drawn from the public
utility unless special arrangements have been made with the City Clerk
and the Eldon Utility Department prior to any use of utilities. Mobile
food vehicles on private property may use electrical power or water
service from the property being occupied or an adjacent property,
but only when the property owner provides written consent to do so.
All power sources must be self-contained. No power cable or equipment
shall be extended across any City street, alley, or sidewalk.
10. Mobile food vehicles shall not operate within:
a. Fifteen (15) feet of any entrance-way to any building.
b. Fifteen (15) feet of any driveway entrance.
c. One hundred (100) feet of a crosswalk or intersection.
d. Two hundred fifty (250) feet of an existing restaurant building during
the hours when such restaurant is open for business unless the operation
is during a special event.
11. The issuance of a mobile food vehicle license does not grant or entitle
the vendor to the exclusive use of any street or parking space.
D. Enforcement.
1. Any person operating a mobile food vehicle in violation of any provision
of this Section shall be subject to all other enforcement provisions
of this Section.
2. Any license issued under this Section may be revoked, suspended,
or not renewed by the City Clerk for failure to comply with the provisions
of this Section and any rules or regulations promulgated by the City
of Eldon.
[CC 1988 §§24.570—24.582; Ord. No. 2013-46 §§1—2, 10-8-2013]
A. Solicitor/Peddler Defined. All persons employed
in the canvassing, soliciting or taking orders for sale by going house
to house, store to store, or any other place of residence or housing
or otherwise of any nature whatsoever for future delivery or for future
services must make application for a peddler/solicitor permit before
beginning any activity within the City limits of Eldon, Missouri.
It shall be unlawful for any person to engage in canvassing, soliciting
or peddling within the City of Eldon without first obtaining a license.
B. License Required. The license fee for a solicitor/peddler as above
defined shall be a sum of one hundred dollars ($100.00) per annum
to be paid in advance. All persons must carry the issued permit at
all times along with a current driver's license or State identification
card or other government-issued identification bearing a photographic
likeness of the solicitor/peddler which will be necessary to validate
the permit holder as the solicitor/peddler. Such permit shall be exhibited
at the request of any citizen along with the required identification.
[Ord. No. 2017-33, 9-26-2017]
C. License Tax. The license tax for a peddler/solicitor as above defined
shall be the sum of one hundred dollars ($100.00) per annum to be
paid in advance.
[Ord. No. 2017-33, 9-26-2017]
D. Penalty. Every person acting as a solicitor without
first having obtained a license therefor shall be deemed guilty of
a misdemeanor and, upon conviction, shall be punished by a fine of
not less than fifty dollars ($50.00) for each and every offense.
E. Restrictions.
1.
Activities of peddlers and solicitors shall be limited to the
hours between 9:00 A.M. and 6:00 P.M. No peddler or solicitor shall
return to the same occupied residence a second time in less than six
(6) months unless previously authorized by the occupant of the residence
at the time of the first call.
2.
No peddler or solicitor or anyone on his or her behalf shall
sell or solicit anything from a person at any property, designated
by a sign conspicuously posted at the front door of the property,
indicating "No Peddlers," "No Solicitation" or other similar language
expressing the unwillingness of occupants at the property to accept
peddlers or solicitors.
[Ord. No. 2096 §§1 — 2, 10-9-2007]
A. Solicitation Of Business Prohibited. No person shall stand
on Highway 52 or Highway 54 or any intersection of said highways for
the purpose of selling merchandise to or soliciting business or employment
from the occupant of any vehicle.
B. Solicitation Of Contributions.
1. No person shall stand on Highway 52 or Highway 54 or any intersection
of said highways for the purpose of soliciting contributions from
the occupant of any vehicle. Solicitation in other areas of the City
may occur pursuant to a permit issued to a soliciting agency that
complies with the conditions set forth in Subparagraphs (2) and (3).
2. The City Administrator or his designee shall issue a permit to a
soliciting agency that meets all of the following requirements:
a. Registered with the State of Missouri as a charitable, civic, religious
or fraternal organization; and
b. Engaged in a fund raising activity sponsored by an organization with
Federally recognized 501C(3) status or otherwise exempt from Federal
taxes; and
c. Liable for any injuries to any person or property during the solicitation
which is causally related to an act of ordinary negligence of the
soliciting agent, and the soliciting agency shall file with the City
with its application for a solicitation permit a current and valid
certificate of insurance showing liability insurance in the minimum
amount of three hundred thousand dollars ($300,000.00) for personal
injury per occurrence and one hundred thousand dollars ($100,000.00)
for property damage during the period of requested solicitation, and
the City shall be named as an additional insured on the certificate.
3. The soliciting agency shall be subject to the following conditions:
a. Any person engaged in solicitation on behalf of the soliciting agency
shall be at least sixteen (16) years of age and shall wear a high
visibility vest approved by the City at all times during the hours
of solicitation indicated by the permit.
b. No person engaged in solicitation on behalf of the soliciting agency
shall lean their person or any objects into a vehicle at any time.
c. No person engaged in solicitation on behalf of the soliciting agency
shall interfere at anytime with the legal movement of traffic when
the traffic control device allows such movement.
d. Soliciting pursuant to a permit shall take place only at intersections
of streets with no more than two (2) lanes of travel (exclusive of
turning lanes) where traffic has come to a complete stop.
e. Each solicitor shall wear some type of identification card which
clearly displays the name of the soliciting agency at all times during
the hours of solicitation indicated by the permit.
f. Solicitation shall take place during daylight hours only.
g. The soliciting agency shall be required to file an application for
a permit on a form approved by the City and apply for any other solicitation
permits that may be required by any applicable law or ordinance. Review
by the City may take up to three (3) working days before a permit
is issued.
C. Distribution Of Literature. No person shall stand on Highway
52 or Highway 54 or any intersection of said highways for the purpose
of handing out pamphlets and distributing literature to the occupant
of any vehicle.
D. Severability. The provisions of this Section are severable.
If any provision of this Section or application thereof to any person
or circumstance is held to be invalid, such invalidity shall not affect
other provisions or applications of this Section which can be given
effect without the invalid provision or application.
E. Penalty. Any person, firm or corporation violating any provision
of this Section shall be fined not less than five dollars ($5.00)
nor more than five hundred dollars ($500.00) for each offense. Any
person violating any provision of this Section may in addition to
a fine or in lieu of a fine be imprisoned for not less than six (6)
months. In lieu of imprisonment, the person may serve the sentence
under the City's community service program. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
[CC 1977 §22-14; CC 1988 §24.585; Ord. No. 1412 §1(24.585), 10-23-1990]
A license may be issued in the name of any corporation, association
or partnership or to two (2) or more persons engaged in any joint
enterprise in the same manner as a license may be issued to a single
person and for the same fee, except where otherwise specifically provided.
[Ord. No. 2016-21 §§ 1
— 2, 7-12-2016]
A. Definition Of Special Event: A temporary public event, gathering or organized activity, including but not limited to parades, bike races, marathons, walk-a-thons, fireworks displays, concerts, music and/or art shows in the park, carnivals, car and/or tractor shows, tractor pulls, car derbies and other types of races and festivals. (A private event which takes place at the Eldon City Parks, Community Center or Aquatic Center, including but not limited to birthday parties, family gatherings, reunions, showers (wedding, baby, etc.), celebratory parties, etc., are exempt from these requirements as they fall under Chapter
225, Parks, Articles
I,
II and
III.) (Section
605.220 would cover events such as a farmers market and craft show.)
This is to include but not limited to:
[Ord. No. 25-2019, 6-25-2019]
1. Any business with a valid business license advertising any public
event, where by purchase of a ticket, admittance or general admittance
fee, or free to the public, show, class, exhibit, demonstration, food
court, food truck, mobile stand for the sale of food of any type,
or vendor show of handmade or manufactured goods.
2. The exclusion for this Chapter in which an event permit would not
be needed or sought would be a bridal shower, wedding, family reunion,
birthday party, etc., private event), and any City of Eldon sponsored
event on behalf of the City of Eldon.
B. Permit Required.
1.
It shall be unlawful for any person, firm, corporation or the
agents thereof, to operate any event to be held in any street, public
park or City owned facility in the City without a permit from the
City of Eldon approved by all department heads, City Administrator
and Mayor.
[Ord. No. 2016-34 §§ 1
— 2, 9-27-2016]
2.
It shall be unlawful for any promoter to allow, permit, encourage,
promote, organize or advertise any event in a public or private venue
unless a valid City permit is obtained therefor. A separate permit
shall be required for each event, concert, exhibition or show.
C. Permit Application.
1.
A written application for a permit for an event shall be made
by an individual or by an officer of any firm or corporation. The
application shall be submitted at least thirty (30) days prior to
the date upon which the event is to be held.
2.
The application shall contain the following:
a.
The name of the individual or firm or corporation which is sponsoring
the event and contact information for that individual or persons;
b.
The name, event type, dates, times and location of event;
c.
The expected number of individuals attending the gathering together
with a list of the performers, vendors, participants, etc., along
with the vendors sales tax ID numbers or tax exemption letters;
d.
Any and all vendors participating in the event will be required to obtain a business license prior to the event in accordance with City of Eldon Code Section
605.190(C);
e.
List of all proposed street and/or park closings;
f.
County Health Department permits if applicable; Meet all requirements as ordered under Section
605.190 of Chapter
605 relating to vendors of merchandise, products, wood, crafts, temporary venders, mobile food vendors, food stands, food carts and other like establishments;
[Ord. No. 25-2019, 6-25-2019]
g.
If alcohol sales or distribution is to be approved, a site map
of where the alcohol will be consumed, distributed or sold and the
type of barricades that will be used to enclose that area; In addition,
a City of Eldon alcohol permit must be obtained from the Liquor Control
Board and meet their approval before any permit is accepted by the
City of Eldon;
[Ord. No. 25-2019, 6-25-2019]
h.
What City utilities or equipment will be needed such as electric,
water, barricades, trash carts, fencing, police security, emergency
medical services, fire services etc.;
[Ord. No. 25-2019, 6-25-2019]
j.
If event is taking place in business district, written approval
from all businesses that would be adversely affected by the event;
k.
Signed and dated agreement to conditions form;
l.
Proof of insurance (when applicable);
m.
Upon approval of the special event permit, there will be required
a non-refundable fifty dollars ($50.00) permit fee. Exclusions to
this fee would be fundraisers for a charity and/or an event sponsored
by a 501(C)(3) or other non-profit status organization. If the sponsor,
organization or person having the special event plans to have the
event more than one (1) time in a fiscal year, all of the applications
and fees can be submitted and paid at one (1) time if so desired at
the Eldon City Hall located at 101 South Oak, Eldon Missouri;.
[Ord. No. 25-2019, 6-25-2019]
n. Penalty. Any person or business that violates this Chapter as a provision
for public health and safety would be guilty of a misdemeanor offence
and face up to a five hundred dollar ($500.00) fine in the Municipal
Court of the City of Eldon. In addition, the City of Eldon Board of
Aldermen reserve the right to revoke a business license for any business
that violates this Chapter after having been found guilty in a court
of law. A hearing must be held with the Board of Aldermen for the
revocation of said business license for the violation of this Chapter.
[Ord. No. 25-2019, 6-25-2019]
[CC 1988 §§24.590, 24.610; Ord. No. 1412 §1(24.590, 24.610), 10-23-1990]
A. Generally.
1. A license may be issued in the name of any corporation, association
or partnership or to any person in charge of a trade show, festival
or exhibition lasting not longer than one (1) week in which various
businesses and enterprises are invited to participate and to display
goods, wares and services for sale. Any such license issued is done
for the convenience of the entity organizing the trade show and for
the business license office and shall not in any way affect the license
fees charged to participants. Any such license shall include either
on the face of the license or on the application form a complete and
accurate listing of all exhibitors at the show. The listing shall
show the name, address, telephone number, State tax identification
number and any annual City license number of each exhibitor. No person
shall occupy space under the control of the person in charge of any
show, festival or exhibition without being included in the listing
of the license. Upon issuing a license in the name of any corporation,
association or partnership or to any person in charge of a trade show,
festival or exhibition the City of Eldon shall not issue additional
business licenses within the same geographic area during the same
time period.
2. If the holding of any trade show, festival or exhibition involves
the closing of any street, alley or sidewalk, the following rules
shall apply:
a. The organizer shall request in writing the streets, alleys and sidewalks
to be closed and the total area over which the organizer wishes to
exercise control. The Board of Aldermen shall by motion approve, modify
or reject such request.
b. If the sponsor of the event will be granting booth space to vendors
upon public property, the sponsor shall give any regular businesses
abutting the public property the right of first refusal for the booth
space or spaces closest to the business on the same terms and conditions
as it is generally offered by the sponsor.
B. Permission To Block Streets And Sidewalks. Notwithstanding the provisions of Section
215.700 of the Code of the City of Eldon, the granting of the Board of Aldermen to close any street or sidewalk for purposes of shows, festivals and exhibitions shall permit the placing of displays, merchandise and booths upon the public ways as specified in the granting of the permission.
[Ord. No. 2010-07 §1, 3-4-2010]
A. Generally. For the general welfare, safety and health of
the public, it is required that all businesses, restaurants, vendors
and lodging facilities and other like businesses, existing or new,
within the City limits of Eldon, Missouri, receive a business license
compliance and safety inspection prior to the issuance of a business
license.
B. Definition. For the purpose of this Section, the word "business" is defined as a legally recognized organization
designed to provide goods and/or services to consumers. Except as
may be provided otherwise in the City ordinances, a person shall be
deemed to be in business and required to have a business license compliance
inspection when he/she is selling goods or service, offering goods
or service which may be for sale or hire, or using any vehicle, motorized
or non-motorized, vendors, temporary or permanent, on any premises,
public or private, in the City of Eldon.
C. Inspections
will be carried out by the City of Eldon Building Department Codes
Enforcement Department, City Fire Department or other City departments
and as required by the Miller County Health Department or other local
or State agencies.
1. All businesses required to obtain a business license under the provisions
of this Chapter shall receive a business license compliance and safety
inspection and pay all fees upon application for a license to open
a new business or application to renew an existing license. A business
license compliance and safety inspection shall be due annually thereafter
for all businesses.
2. The City of Eldon will notify all businesses when their license is
near expiration and that such required inspection(s) are needed. It
will be the responsibility of the business owner(s) to request any
inspections from the County, State or other agencies that may be required.
The City maintains that the business owners are ultimately responsible
to request such inspection(s). The business license inspection form
is held as Attachment 1 to this Chapter.
[Ord. No. 15-2022, 3-22-2022]
3. Business license compliance and safety inspections will be in accordance with all City ordinances and most currently adopted Building Regulations, Title V, Chapter
500: Article
I — Building Code Adoption; Article III — Existing Building Code; Article IV — Electrical Code; Article V — Energy Conservation Code; Article VI — Fire Code; Article VII — Fuel Gas Code; Article VIII — Mechanical Code; Article IX — Plumbing Code; Article X — Property Maintenance Code; or any other adopted codes or ordinance(s).
[Ord. No. 2010-07 §1, 3-4-2010; Ord.
No. 2017-33, 9-26-2017]
A. The
City of Eldon business license compliance and safety fees are as follows:
1.
Initial/annual inspection which includes a second or final inspection
shall be seventy-five dollars ($75.00) for code and safety inspections.
[Ord. No. 9-2018, 4-23-2018]
2.
Third and subsequent fire inspections shall be twenty-five dollars
($25.00) per visit/inspection.
3.
Initial/annual building code inspection which includes a second
or final inspection shall be fifty dollars ($50.00).
[Ord. No. 2017-43, 12-12-2017]
4.
Third and subsequent building code inspections shall be twenty-five
dollars ($25.00) per visit/inspection.
[CC 1988 §§24.595; Ord. No. 1412 §1(24.595), 10-23-1990]
A separate license shall be obtained for each place of business
conducted, operated, maintained or carried on by every person engaged
in any business for which a license is required by this Chapter. The
City shall be notified of any change of address of such place of business
within one (1) week of any such change. Nothing contained in this
Section shall be deemed to require the holder of a business license
to obtain another license for the purpose of being an exhibitor at
a trade show or festival within the City except as provided in the
Section regulating trade shows and festivals.
[CC 1988 §§24.600; Ord. No. 1412 §1(24.600), 10-23-1990]
Whenever any applicant for a license is engaged in more than
one (1) business at the same address, such applicant may, at his/her
option, in lieu of making application and paying for a separate license
for each such business, make application for the business license
for only the major or principal business of the applicant at such
address, but the license fee for all of the businesses in which the
applicant is engaged at such address shall be computed from all of
the businesses in which applicant is engaged at such address and the
license fee required to be paid shall be based on the computed total
for which application is made.
[CC 1988 §§24.605; Ord. No. 1412 §1(24.605), 10-23-1990; Ord. No. 2010-07 §1, 3-4-2010]
A. The
City business license will not be issued and may be revoked temporarily
or permanently until all inspections are approved and all fees are
paid.
B. Notice. If any person operating or wishing to operate a
business shall be found to have violated any provision of this Chapter
or other section of the law, the Code Enforcement Officer shall issue
an order directing such offending person to cease and desist from
operating with the violation and to comply with this Chapter or any
section of the law being violated. Such notification of violation
shall be in writing and inform the offending party with the facts
upon which the decision has been made that a violation exists and
said notice shall be delivered upon the offending party by the Code
Enforcement Officer conducting the inspection or by first class U.S.
mail. The notice shall inform the offending party that they have ten
(10) days to become compliant with this Chapter or other provision
of the law or their license may be revoked and that a citation to
the Municipal Court may be issued.
C. Appeal. The Code Enforcement Officer's determination may
be appealed to the Board of Appeals for the City of Eldon by written
application submitted to the Code Enforcement Officer within ten (10)
days after the date of the notice of violation. In the event that
it is claimed that:
1. The true intent of the Business License Code or rules adopted thereunder
has been incorrectly. interpreted.
2. The provisions of the Business License Code do not fully apply.
D. Hearings.
1. A hearing shall be conducted as soon as practicable after a request
for hearing is received. Hearings shall be open to the public. The
appellant, the appellant's representative, the Code Enforcement Officer
and any person whose interests are affected shall be given the opportunity
to be heard. Compliance with the strict rules of evidence shall not
be required but only relevant information shall be received. A simple
majority of those voting shall constitute the decision of the Board.
The Code Enforcement Officer shall not vote. If the Board determines
the officer's action was appropriate, the offending party shall have
ten (10) days to cure the violation.
2. In the event the party does not become compliant and continues to
operate the business in violation of this Chapter or other laws, the
Code Enforcement Officer may issue a citation to the offending party
requiring them to appear in Municipal Court.
E. Fines. Any person, business or corporation violating the
terms of the Chapter, or any provision thereof, shall be deemed guilty
of a misdemeanor and, upon conviction, shall be punished by a fine
of up to five hundred dollars ($500.00) or by imprisonment for not
more than ninety (90) days or both such fine and imprisonment for
the violation of each and every Section hereof. Each day that any
person, business or corporation operates a business activity after
the business license has been revoked shall constitute a separate
violation subject to a fine of five hundred dollars ($500.00) per
day.
[Ord. No. 2013-18 §§1 — 2, 4-9-2013]
F. Should
this Section conflict with any other provision in any adopted International
Code (copies of which are on file with the City Clerk) or ordinance,
except for those herein listed, this procedure controls the enforcement
and disposition of claims under this Chapter.