[R.O. 1993 § 605.010; Code 1972 § 17-1;
CC 1988 § 15-1; Ord. No.
2021-3229, 5-25-2021]
No person, either as principal or agent, shall pursue, conduct,
carry on or operate within the City any trade, calling, business,
vocation, occupation or profession hereinafter named in this Chapter,
without first obtaining a license therefor and without paying in advance
the license fees hereinafter prescribed.
[R.O. 1993 § 605.020; Code 1972 § 17-2;
CC 1988 § 15-2; Ord. No. 89-1992 § 1, 10-9-1989; Ord. No. 95-2199 §§ 1 — 2, 9-26-1995; Ord. No. 2012-2936 § 1, 6-12-2012; Ord. No. 2021-3229, 5-25-2021]
A.
Upon all sundry businesses, persons, occupations and avocations within
this City, including home occupations, except as provided herein,
a license tax shall be paid by said businesses, persons, occupations,
avocations, persons, objects and subjects within the City.
B.
Renewal And New Business Licenses.
1.
Any merchant renewing their business license to do business within
the City of Aurora, Missouri, shall be charged a fee of forty dollars
($40.00) for such license to do business. All required documentation
for renewal must be received by City staff prior to June 30th of each
year to receive the renewal discount.
2.
Renewal business licenses that occur after June 30th of each year
shall be charged sixty dollars ($60.00) for such license to do business.
3.
New business licenses shall be charged sixty dollars ($60.00) for
such license to do business.
[Ord. No. 2021-3229, 5-25-2021]
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 Aurora.
[R.O. 1993 § 605.030; Code 1972 § 17-3;
CC 1988 § 15-3; Ord. No.
2021-3229, 5-25-2021]
Every person who shall carry on a business at two (2) or more
different places shall secure a license for each place of business.
[R.O. 1993 § 605.035; Ord. No.
2004-2604 § 1, 6-22-2004;Ord. No. 2021-3229, 5-25-2021]
A.
No
business or person having interest in said business applying for a
business license as required under this Chapter shall be in arrears
to the City for any reason for any amount. No business license shall
be issued by the City to any person or business until all City taxes,
utility bills, fines or other legal encumbrances owed to the City
by the applicant(s) are paid.
B.
Any person, firm or corporation who is required to pay sales tax
to the City of Aurora, Missouri, must show proof to the City Clerk
that all sales taxes due to the State of Missouri and the City of
Aurora, Missouri, have been paid to the date of the application prior
to being issued a City business license.
C.
Any person, firm or corporation failing to provide proof of payments
of such sales tax shall not be issued a City business license until
such time as said State and City sales taxes and penalties and interest
thereof are fully paid and the Department of Revenue for the State
of Missouri certifies that same are fully paid.
D.
Any person, firm or corporation, upon initial application for a merchant's
license in the City of Aurora, Missouri, must show proof to the City
Clerk that a State sales tax identification number has been obtained
in the name of the person, firm or corporation making application
of the merchant's license.
E.
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.
F.
Each
applicant for a business license under this Chapter shall submit a
copy of a valid State-issued Driver's License or State Identification
of the business owner or responsible employee of the business with
application for a business license.
G.
Each
applicant for a business license under this Chapter that engages in
any activity that subject the business to the requirements of the
Lawrence County Health Department Food Service Ordinance shall submit
a copy of the Lawrence County Health Department Annual Food Establishment
Permit for the business making application for a business license.
This shall include all food trucks or temporary food vendors operating
within the City of Aurora.
H.
Any
business that does not have a permanent location based within the
City of Aurora or Lawrence County, and shall be soliciting their business
door to door within the City of Aurora, shall be required to have
a criminal background check conducted for all employees working within
the City. No business license shall be issued prior to this requirement
being met.
[R.O. 1993 § 605.040; Code 1972 § 17-4;
CC 1988 § 15-4; Ord. No.
2021-3229, 5-25-2021]
A.
No
licenses under this Chapter shall be issued until all requirements
have been met and/or verified by City staff.
B.
All
licenses under this Chapter shall be issued by the City Clerk.
C.
No
license shall be issued until the license fee therefor shall be paid
in full to the City Clerk.
D.
All
fees so paid shall be credited to the general funds of the City.
E.
All
licenses shall be signed by the Mayor, City Clerk and Tax Collector
and made available to the applicant within seven (7) working days
of approval. The City Clerk shall affix the Corporate Seal of the
City.
[R.O. 1993 § 605.050; Code 1972 § 17-5;
CC 1988 § 15-5; Ord. No.
2021-3229, 5-25-2021]
No license issued pursuant to this Chapter shall be assigned
or transferred.
[R.O. 1993 § 605.060; Code 1972 § 17-6;
CC 1988 § 15-6; Ord. No.
2021-3229, 5-25-2021]
All persons obtaining licenses under this Chapter shall keep
the same posted in their places of business in such a manner as to
expose the same to public view. When a licensee has no regular place
of business, he/she shall exhibit his license to any person under
demand.
[R.O. 1993 § 605.070; Code 1972 § 17-7;
CC 1988 § 15-7; Ord. No.
2021-3229, 5-25-2021]
All licenses issued under this Chapter shall be for a period
of one (1) year, except when other periods are specifically set forth
in the schedule of license fees, in which event a license shall be
issued for the period requested by the applicant. All annual licenses
shall begin on July 1 of each year.
[R.O. 1993 § 605.080; Code 1972 § 17-8;
CC 1988 § 15-8; Ord. No.
2021-3229, 5-25-2021]
Except where a specific procedure has been otherwise provided
in this Chapter and notwithstanding any other ordinance or provision
of the Municipal Code to the contrary, the City Council reserves the
right to revoke or suspend any business license if, in the opinion
of the City Council, that the actions of the holder of the license
constitutes a nuisance or threat to the citizens of Aurora or is in
violation of City ordinances or their criminal history reveals past
conduct which would jeopardize the safety of the citizens of Aurora.
If the license is revoked or suspended by the City's designee,
the licensee may send a written appeal within ten (10) days of the
postmark of the notice of revocation or suspension to the City Clerk
for a hearing before the City Council. At least ten (10) days'
notice of a hearing shall be mailed to the licensee's last known
address, which notice shall state the time and place for a hearing
on the suspension or revocation and shall set forth the grounds for
the revocation or suspension in a general manner. The licensee shall
have the right during any such hearing to be represented by an attorney
and present witnesses or other competent evidence as to why the license
should be reinstated.
[R.O. 1993 § 605.085; Ord. No.
2004-2604 § 1, 6-22-2004; Ord. No. 2021-3229, 5-25-2021]
A.
In addition to and as an alternative to the enforcement procedures contained in Section 605.090, any application for a business license may be rejected, or a license revoked (or suspended for a period up to thirty (30) days in cases where it has been previously issued), upon the determination that:
1.
False or inaccurate statements or representations are contained
in the application or made to a City Official at the time of application;
or
2.
In case any licensee or employee of any business establishment
required to have a business license has a prior record of criminal
convictions or during the license period has pled guilty to or been
convicted of a violation of Federal, State or municipal law which
violation, in the sole discretion of the City of Aurora, renders the
licensee or business establishment unfit to engage in such licensed
activities; or
3.
There are any other matters which on the part of the applicant
or licensee exhibit a moral turpitude, lack of integrity or dishonesty
detrimental to the health, safety or welfare of the community; or
4.
An applicant has refused to provide documentation or information
requested by the City; or
5.
An applicant has failed to comply with any other ordinance set
forth elsewhere in the Municipal Code or other State or County Law.
[Ord. No. 2021-3229, 5-25-2021]
A.
Any person, including any employer of any person, who fails to comply
with, or commits any violation of, any provision(s) of the Municipal
Code shall be guilty of an ordinance violation and shall be punishable,
upon conviction thereof, for an amount not to exceed five hundred
dollars ($500.00). This fine shall be in addition to any other penalties
prescribed in this Code or ordinance of the City or the laws of the
State; and each day such failure to comply or such violation continues
shall be deemed a separate offense.
