[Ord. No. 906 §1, 8-22-1983; Ord. No. 2220, 2-8-2021]
A license shall be required as a condition of the operation or transaction of any business or to engage in any vocation or occupation within the City of Hermann, except for itinerant hawkers (vendors who sell small goods which are carried about in travelling from place, including, but not necessarily limited to vendors at festivals, special events and private events) and also except as may be exempted by the terms hereof or by applicable law. No person, firm, partnership, corporation, association, organization of persons, or joint venture, except for vendors who are itinerant hawkers, shall engage or participate in the operation or transaction of any business or sell, lease or in any manner deliver or render any goods or services, or attempt to do business or be held out to the public as available for the transaction of any such business or assist, directly or indirectly, in the operation or transaction of any such business or any part of the same in any manner, whether as owner, proprietor, officer, manager, superintendent, agent, servant or employee, within the City of Hermann, unless a license therefor, of the appropriate type as hereinafter provided, shall have been duly issued to the person or entity so engaged and be in full force at all times.
[Ord. No. 906 §2, 8-22-1983; Ord. No. 1547 §1, 11-28-2005; Ord. No. 1949 §1, 9-8-2014]
A. 
Pursuant to the authority granted by Section 94.110 RSMo., there is hereby levied, fixed and ordered collected annual business license fees, as follows:
1. 
General business licenses: thirty-two dollars and fifty cents ($32.50) per year.
2. 
Coin-operated machine license: five dollars ($5.00) per year.
B. 
For any license issued for business activities to be conducted for less than half the year, the fee shall be one-half (1/2) of the annual charge.
[Ord. No. 906 §3, 8-22-1983]
Whenever in this Chapter any of the following terms are used, the definitions or descriptions set forth after each defined term shall apply:
COIN-OPERATED MACHINE LICENSE
License required for each coin-operated vending machine or other machine or device designed or used for the providing of services, products, amusement or entertainment, located within the City of Hermann and operated for business purposes; except such machines as are necessary and required in the operation of a self-service laundry or carwash for which a current general business license is in effect.
GENERAL BUSINESS LICENSE
License required for all manufacturers, wholesalers, general merchandisers, bank and other financial institutions subject to local tax, amusement and entertainment establishments, contractors and tradesmen, salesmen and agents, other sellers or providers of goods or services, and the practices of all other professions or occupations or businesses who transact business within the City of Hermann, whether or not a resident of said City, and not otherwise specifically described in or exempted by this Chapter; including any veterinarian, architect, professional engineer, land surveyor, auctioneer, real estate broker or salesman who maintains a business office within the City of Hermann; but excepting and exempting therefrom all persons 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, and all farmers or producers of agricultural produce who sell such produce raised by them when the same is sold from their wagons, carts, or vehicles; and further excepting any other person, entity, or group otherwise exempted from local business license fees by prevailing State or Federal law.[1]
[1]
Editor’s Note: The definition of “itinerant business license,” which immediately followed, was repealed 9-8-2014 by §2 of Ord. No. 1949.
[Ord. No. 906 §4, 8-22-1983; Ord. No. 1085 §1, 5-13-1991]
A. 
No business license described in this Chapter shall be issued to or renewed for any such business or activity unless the applicant therefor, at the time of filing the application for issuance or renewal of such license, presents to the City Clerk duly authenticated proof of:
1. 
The applicant's possession of a Missouri sales tax license; or
2. 
Temporary special events sales tax report or permit issued by the Missouri Department of Revenue and verification of the applicant's intent to file such report and remit the sales tax to be reported thereon; or
3. 
Document issued and certified by the Department of Revenue or other lawful taxing authority evidencing the applicant's exemption from responsibility for collection and payment of Missouri sales tax.
[Ord. No. 1406 §2, 10-13-2003]
No business license described in this Chapter shall be issued to or renewed for any such business or activity if either the applicant therefor or the business entity for which the license is sought is at the time of filing the application in arrears for any unpaid tax, license, fee, fine or other debt or monetary obligation due the City.
[Ord. No. 906 §5, 8-23-1983; Ord. No. 1085 §1, 5-13-1991]
A. 
Applications for all licenses required by this Chapter shall be made in writing to the City Clerk, using the forms therefor provided by the City Clerk.
1. 
Each application shall state the name of the applicant;
a. 
If a partnership, name of all partners;
b. 
If a corporation, name of president and chief managing officer;
c. 
If other entity, name of managing or responsible party.
2. 
The type of license required;
3. 
The location of the business premises, if any, or the specific location of each coin-operated machine for which a license is required;
4. 
The residence address or registered office for the applicant;
5. 
A description of the business or practice to be transacted or the type and make of the coin-operated machine to be licensed;
6. 
The sales tax number or copy of the temporary special events sales tax report to be filed or indication of exemption for the applicant; and
7. 
Any such additional information as may be needed for the proper guidance of City Officials in the issuance of such license pursuant to the provisions of this Chapter.
At the time of filing the application, the applicant shall pay to the City Collector the amount of the license fee provided herein for the type of license sought, and the Collector shall issue a receipt therefor.
B. 
Applications for renewal of existing licenses may be made upon a shorter form, provided by the City Clerk, upon which is stated the name of the applicant, as provided above:
1. 
All changes which have occurred in the information furnished in the next prior application; and
2. 
A verification by the applicant that all other information contained in the next prior application is still true and accurate.
[Ord. No. 1157 §1, 9-14-1993; Ord. No. 1303 §1, 5-25-1999]
A. 
No license required for a contractor in the construction industry under the provisions of this Chapter shall be issued by the City Clerk unless the applicant first provides to the City Clerk:
1. 
A certificate of insurance to establish the existence of Workers' Compensation insurance for the benefit of employees of the applicant, or
2. 
An affidavit, the form of which shall be developed by the Missouri Division of Workers' Compensation, signed by the applicant attesting that the contractor is exempt from the requirement of maintaining such insurance under Chapter 287, RSMo.
B. 
It is unlawful for any applicant to provide fraudulent information pursuant to this Section.
C. 
Nothing in this Section shall be construed to create or constitute a liability to or a cause of action against the City of Hermann or its officers or employees in regard to the issuance of any license pursuant to this Section or Chapter.
[Ord. No. 906 §6, 8-23-1983]
Upon receipt of an application for any license referred to in this Chapter and of proof of payment of the fee therefor, and immediately upon verification by the City Clerk that all information required by the application form and by this Chapter has been disclosed and is accurate, the City Clerk shall issue the appropriate license. Each such license shall be in writing, shall denote the category of license, shall state the name of the licensee and the exact location of the licensed premises, if any, shall state the name of the business if different from the applicant and the type of business to be transacted, shall state the expiration date therefor, and shall be signed by the Mayor, City Clerk, and City Collector, and shall bear the official Seal of the City of Hermann. Licenses issued for the commercial use of coin-operated machines shall also include for each licensed machine one (1) adhesive-backed label bearing the legend, "City of Hermann, (year) Machine License, No. ______"; each such label shall be sequentially numbered; and shall be affixed to the front of the machine not more than six (6) inches from the coin slot thereof. Replacement labels may be issued by the City Clerk for damaged or removed labels, upon receipt of fifty cents ($0.50) for each replacement label, surrender of the old label or remnants thereof, and satisfactory proof from the licensee of the accidental removal of or damage to the old label or discontinuance of use of the licensed machine and its replacement by a different machine. The City Clerk shall maintain, as part of the official records of such office, the Business License Record Book, in which shall be registered all such business licenses issued pursuant to this Chapter, showing the name and address of licensee, type and location of each coin-operated machine, type of license issued, date of issuance of license, amount paid therefor, termination date thereof, and type of business for which the license was obtained.
[Ord. No. 906 §7, 8-23-1983; Ord. No. 1949 §3, 9-8-2014]
Each business license to be issued pursuant to this Chapter shall be issued for a term of one (1) calendar year, running from January 1, or, if the license is requested and issued during the year, then from the date the license is issued, to and including December 31 of the year for which issued.
[Ord. No. 906 §8, 8-23-1983; Ord. No. 1279 §1, 4-20-1998]
A. 
No license issued pursuant to this Chapter shall authorize the licensee to operate more than one (1) place of business under such license. No license issued pursuant to this Chapter shall be transferable or assignable by the licensee except as herein provided.
1. 
In the event of the death of a licensee, the widow or widower or next of kin of such deceased licensee, who shall meet the other requirements of a new licensee, may make application and the City Clerk may transfer such license to permit the operation of the business of the deceased for the remainder of the period of which a license fee has been paid by the deceased.
2. 
Whenever one (1) or more members of a partnership withdraws from the partnership, the City Clerk, upon being requested, shall permit the remaining partner, or partners, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.
3. 
When the transfer or assignment is required solely because of a change in the form of doing business by the licensee and the management and beneficial ownership of such business is not changed, the City Clerk, upon being requested, shall permit the remaining owner, proprietor, member, or partner, or multiples thereof, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid, without obtaining a new license.
[Ord. No. 906 §9, 8-23-1983]
It shall be the duty of each licensee, following issuance of any license pursuant to this Chapter, to keep such license posted in a prominent place on the premises used for such business at all times.
[Ord. No. 906 §10, 8-23-1983]
A. 
Any license issued pursuant to this Chapter may be revoked, after ten (10) days' prior notice in writing to the licensee advising of the prospective revocation and of the right of such licensee to request within such ten (10) day period a hearing thereon before the Board of Aldermen, by order of the Mayor at any time during the term of such license, in the event of the occurrence of any of the following circumstances:
1. 
Forfeiture or surrender of the licensee's Missouri sales tax license or exemption therefrom.
2. 
The making of any material false statement by the licensee in the licensee's application for such license.
3. 
Violation of any law or ordinance which regulates the type of business for which such license has been issued.
[Ord. No. 906 §11, 8-22-1983]
A. 
The definitions set forth after each of the following terms shall apply wherever any such terms are used in this Chapter.
DIRECT SELLER
Any individual who, for himself or for a partnership, association, corporation, or other entity, sells goods or services, or takes sales orders for the later delivery of goods or services, at any location other than the permanent business place or residence of said individual or other entity for which he takes such orders, and shall include, but not be limited to, peddlers, solicitors, and transient merchants. The sale of goods or services includes donations required by the direct seller for the retention of goods by a donor or prospective customer.
GOODS
Shall include personal property of any kind, and shall include goods provided incidental to services offered or sold.
SOLICITOR
Any person other than a not-for-profit corporation or other entity which has qualified for tax-exempt status per Section 501(c) of the Internal Revenue Code who engages in any of the following activities: advertising or seeking to obtain orders for the purchase of goods or services of any kind, for any kind of consideration whatsoever; or seeking to obtain prospective customers for application or purchase of any type or kind of publication; or seeking to obtain subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication; or seeking information on the background, occupation, economic status, social status, religious status, political status, attitudes, viewpoints, occupants of a residence, telephone number, address, furnishings, or the like of another person for the purpose of compiling such information as raw data or refined data into a document, record, book, or directory to be sold, or to be used wholly or in part for commercial purposes, or for any other non-governmental purpose.
[Ord. No. 1922 §1, 2-10-2014]
B. 
It shall be unlawful for any direct seller or solicitor to engage in business or any activities described in this Chapter without first being registered for that purpose as provided herein. Such registration shall be made with the City Clerk, by completing an application form provided by such officer. The registrant shall give his complete identification and signature; current residence and business address; each residence and business address for the preceding two (2) years; name and address of his employer or person or entity whom he represents; the date of birth and physical description of the registrant; the temporary address and telephone number from which his business or activities will be conducted, if any; a description of the nature of business or other activities to be conducted; the make, model, and license number of any vehicle to be used by the registrant in the conduct of such business or activities; the last three (3) previous cities or other locations where the registrant conducted similar business or activities; social security number of the registrant; the place where the registrant may be contacted for at least seven (7) days after leaving the City; a statement of the time during which the registrant expects to be conducting such business or activities within the City; and a statement whether the registrant has been convicted of any crime, other than traffic violations, within the last five (5) years, and if so, the nature of the offense and place of conviction. In addition, each registrant shall present to the Clerk for examination at the time of registering a driver's license or proof of identification, bearing a photograph of the registrant; and proof of the registrant's possession of a sales tax license or exemption therefrom, as provided in Subsection (D) of this Section.
C. 
Application for registration by direct sellers and solicitors shall be made in writing on the forms maintained and provided by the City Clerk. The Clerk shall register all such applicants and issue a written certificate of registration therefor immediately after verification by the Clerk that all information called for in this Section and by said forms has been provided. Such registration shall be valid for a period of fourteen (14) days immediately after the certificate is issued. If the activities of any registered direct seller or solicitor continue or resume after the end of such fourteen (14) day period, such person shall again register with the City Clerk by completing a shorter form, provided by the Clerk, upon which is stated the name of the registrant; all changes which have occurred in the information furnished in the next prior registration; and a verification by the registrant that all other information contained in the next prior registration is still true and accurate. Each such renewed registration shall likewise be accompanied by a certificate and be valid for a period of fourteen (14) days. No certificate of registration shall be issued to any person who has been convicted of a commission of a felony under the laws of any State or of the United States within five (5) years of the date of the application, nor to any person who has been convicted of a violation of any provision of this Chapter, nor to any person whose certificate or registration issued hereunder has previously been revoked.
D. 
Any certificate of registration issued hereunder shall be revoked by the Mayor if the registrant is convicted of a violation of any of the provisions of this Chapter, or has made a false material statement in the application for registration, or violates any other law or ordinance regulating the type of business or activity in which the registrant is engaged, or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this Chapter. Immediately upon such revocation, written notice thereof shall be given to the registrant in person or by Certified Mail addressed to the residence address set forth in the application. Any person whose registration has been revoked may obtain a hearing before the Board of Aldermen on the propriety of such revocation by filing a written request therefor with the City Clerk. Such a hearing shall be granted by the Board at the first regularly scheduled public meeting thereof which occurs more than five (5) days after the filing of such request.
E. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection E, which provided that registration under this Section would not be required for any entity possessing a valid and current business license issued pursuant to other provisions of this Chapter, was repealed 2-10-2014 by Ord. No. 1922 §2.
F. 
No direct seller or solicitor shall call at the residence or place of abode of any person, for any purpose, between the hours of 6:00 P.M. and 9:00 A.M., prevailing time, of any day, unless so expressly requested or invited in advance by such person.
Ord. No. 1922 §3, 2-10-2014]
G. 
Notice of the requirements of this Section shall be given by the posting of legible signs at the boundaries of the City where crossed by any road, street, or highway, and in the City office bearing the legend "DIRECT SELLERS AND SOLICITORS MUST REGISTER WITH CITY CLERK."
[Ord. No. 906 §12, 8-22-1983]
A. 
Violation of any provision of this Chapter shall be a misdemeanor.
B. 
Any business or activity conducted in violation of any provision of this Chapter is hereby declared to be a nuisance; and such business or activity may be enjoined by order of a court of competent jurisdiction upon proper application being filed on behalf of the City of Hermann.
C. 
The possession or use without a license of any coin-operated machine for which a license is required by this Chapter is hereby declared to be a nuisance, and such machine is further hereby declared to be contraband. If such unlicensed possession or use continues for more than five (5) business days after written notice thereof is delivered or mailed by ordinary United States mail to the owner of said machine or to the proprietor of the premises where said machine is located, the Chief of Police is hereby authorized to seize said machine and declare a forfeiture of the same to the City of Hermann. Unless the owner of said machine, within fifteen (15) days after delivery or mailing, as above, of written notice to him of such seizure, pays to the City Collector all license fees and taxes due the City and the costs incurred in the seizure and storage of said machine and produces proof of his ownership thereof, the same shall be sold at public auction. The proceeds of sale shall be used to pay for all expenses of sale, then expenses of seizure and forfeiture of the machine, then license fees and taxes due the City, and then the balance to the owner.
D. 
No remedy for violation of this Chapter shall be exclusive; and no exercise by the City or its officers of any such remedy shall be deemed a waiver by the City of any other remedy provided by ordinance or law.