Cross References — Alcoholic beverage licenses, §600.170 et seq.; dangerous animal permit, §210.050; permits for cats and dogs, §210.160 et seq.; fireworks permits, §220.110; flood control development permits, ch. 415; solid waste collection and disposal permits, §235.190 et seq.; park permits, §410.130; proper display of vehicle license plates, §390.010; vehicle registration, title and licenses, §390.010 et seq.; angle loading permits, §350.020; curb loading permits, §360.020 et seq.; excess weight permits, §382.070; permits for use of parks, §240.170; street excavation permit, §505.050 et seq.; parade permit, §347.030 et seq.; private sewage disposal system permit, §705.320.
[Code 1985, §52.010; CC 1990 §12-26]
Pursuant to authority granted by Section 94.270, RSMo., as amended, this Chapter is hereby established and shall be known as the "Occupational Licensing Code" of the City of Grain Valley, Missouri, a municipal corporation, and shall apply to all corporations, companies, associations, joint stock associations, partnerships, co-partnership and persons and/or their lessees, duly constituted trustees or receivers, heirs, administrators or assigns, who shall engage in any business, trade, vocation, profession; specifically excepting those professions or callings exempted from license requirements by virtue of Section 71.620, RSMo., as amended, the same being as follows: ministers of the gospel, duly accredited Christian Science practitioners, teachers, professors in a college, priests, lawyers, certified public accountants, dentists, chiropractors, optometrists, chiropodists, or physicians or surgeons in the State.
[Code 1985, §52.020(3)-(5); CC 1990 §12-27]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- Any person, as hereinafter defined, who shall apply for and obtain a license under the terms and/or provisions of this Chapter and in accordance therewith.
- Every person who shall hold or purchase personal property for the purpose of adding to the value thereof by any process of manufacturing, or by the combination of different materials, or shall sell or purchase manufactured articles such as are manufactured by it, or such as are used in manufacturing.
- Every natural person, firm, partnership, copartnership, corporation, company, association, joint stock association and/or their lessees, duly constituted trustees or receivers, heirs, administrators or assigns.
[Code 1985, §52.020; CC 1990 §12-28]
Every person who shall deal in the selling of any goods, wares, merchandise, or services; or who shall, as a practice in the conduct of such business, trade, vocation, profession or occupation, make or cause to be made, any wholesale or retail sales of goods, wares, merchandise, or services to any person or association of persons, shall be classified as a "business" whether such sales are accommodation sales, made from a stock of goods on hand, or by ordering from another source, or by listing, and whether the subject of such sales or services are similar or different than the type, if any, regularly offered or performed by such seller.
[Code 1985, §52.030; CC 1990 §12-29]
There are hereby levied license fees as hereinafter provided in this Chapter, due and payable from any and all persons engaged in any business or manufacturing within the City, and as contemplated by this Chapter, and no such person shall engage in any such business or manufacturing without first having obtained a license therefor, paying such license fee, and registering such business or manufacturing with the City Clerk.
[Code 1985, §52.100; CC 1990 §12-30]
A separate license shall be obtained for each separate legal business entity conducted, operated, maintained, or carried on by every person engaged in any business or manufacturing for which a license is required by this Chapter.
[Code 1985, §52.190; CC 1990 §12-31]
The following is a representative listing of the types of manufacturers and/or businesses to which the terms and provisions of this Chapter shall apply as allowed by Section 94.270, RSMo., as amended, but the Board of Aldermen shall have the power to amend the listings, upon proper passage of amendments to this Chapter, and as allowed by the legislature of the State. However, the omission of a listing for specific type of manufacturer and/or business shall not be construed as exempting such person from obtaining a license in accordance with the terms and provisions of this Chapter.
Automobile agencies and dealers
Automobile accessories dealers
Auto wrecking shops and junk dealers
Auto drays and jitneys
Billiard, pool tables and other tables
Drays, transfer and all other vehicles
Gasoline filling stations
Horse or cattle dealers
Intelligence and employment offices and agencies
Light, power and water companies
Merchants of all kinds
Moving picture shows
Manufacturing and other corporations or institutions
Omnibus drivers, porters and all others pursuing like occupations, with or without vehicles
Patent right dealers
Plumbers and all other business, trades and avocations whatsoever
Private venereal hospitals
Pool tables and other tables
Real estate agents
Runners for steamboats, cars and public houses
Soft drink stands combined
Street railroad cars
Shows and amusements
Sales of unclaimed goods by express companies or common carriers
Ten pin alleys
Theatrical or other exhibitions.
[Code 1985, §52.040; CC 1990 §12-32]
It shall be unlawful for any person to operate a business of manufacture, engage in a trade, vocation, profession or occupation unless and until all personal taxes, merchant taxes, manufacturing taxes, other license fees, inspection fees, or any other financial obligations which are delinquent and owing to the City, have been paid. No license provided for or required under this Chapter, or any other ordinance of the City shall be issued by any department until compliance with this Section has been fulfilled.
[Code 1985, §52.050; CC 1990 §12-33]
All applications for licenses provided for in this Chapter shall be filed with the City Clerk. The Board of Aldermen shall prescribe the form of application and license form. Except as otherwise provided, all licenses issued under this Chapter shall be signed by the Mayor and the City Clerk and shall be invalid for all purposes unless so signed.
[Code 1985, §52.060; CC 1990 §12-34; Ord. No. 1170 §1, 3-9-1998; Ord. No. 2295 §1, 5-22-2013]
Except as otherwise specifically provided, the license year for all business or manufacturer licenses issued under this Chapter shall begin July first (1st) and end June thirtieth (30th). All such licenses shall be due and payable on or before July first (1st) of each year.
The City Clerk shall add to the amount due five percent (5%) penalty for each month that such license tax fee remains delinquent and a business, trade, occupation, or service occupation is conducted within the City, up to a twenty-five percent (25%) maximum penalty. This penalty shall be in addition to all other penalties which may be imposed by law or ordinance.
[Code 1985, §52.070; CC 1990 §12-35; Ord. No. 2056, 11-23-2009]
All licenses required by this Chapter shall not be issued until a "validation receipt" is issued by the City Clerk. If, for good cause shown, the City Clerk shall disapprove the application for a license under the provisions of this Chapter, or shall fail to act upon same within fifteen (15) days from the date of filing such application, the applicant may within thirty (30) days following the date of disapproval, submit a written appeal to the Board of Aldermen as hereinafter provided, with the right of hearing, by filing same with the City Clerk who shall thereupon docket such appeal with the Board of Aldermen for consideration and decision at a regular or special duly convened meeting of the Board not less than seven (7) days subsequent to such filing.
It is further provided that all licensees, as contemplated by this Chapter, shall comply in every respect with the zoning and/or other ordinances of the City. On all new applications the City Planner and Building Inspector shall certify that the premises meet minimum code standards as established by the City, before issuance of such license.
Upon approval of the application, as herein provided, it shall be the duty of the City Clerk to collect the required license fee and to issue a proper "validation receipt" therefor prior to issuance of the license. It shall be the duty of the City Clerk to issue all licenses upon proof of validation.
Nothing in this Chapter shall be construed as authorizing any person to sell intoxicating or non-intoxicating liquors by virtue of such license.
[Code 1985, §52.080; CC 1990 §12-36]
It shall be the duty of the City Clerk to keep a complete and accurate record of all licenses issued under this Chapter, showing the nature of the license, its date of issuance, to whom issued, and the amount of the fee collected therefor.
[Code 1985, §52.090; CC 1990 §12-37]
All licenses issued by the City under this Chapter shall be carefully preserved and prominently displayed in a conspicuous manner in the place of business authorized to be conducted by such licensee.
[Code 1985, §52.110; CC 1990 §12-38]
A license may be amended to authorize the conduct of the same business or manufacturing at a different location, provided the control of same remains in the same person, upon filing with the City Clerk an amended application, within fifteen (15) days of the change, showing the change of address and upon paying a fee of one dollar ($1.00). It shall also be compulsory that Subsection 605.100(B) be complied with in respect to the new location and premises.
A license issued to any person under the provisions of this Chapter shall not be transferable from one person to another person in the event of change of ownership.
[Code 1985, §52.120; CC 1990 §12-39]
Whenever any person making application for a license under the provisions of this Chapter is engaged in more than one (1) business, which are not operated as a separate legal business entity, at the same address, such person shall combine the information for all businesses conducted at the same address, as required for the purpose of determining the license fee, the same as if all were conducted as a single business operation.
[Code 1985, §52.130; CC 1990 §12-40]
Every person engaged in any one of the following trades, vocations, professions or occupations shall procure and pay for a license based upon the following:
Every person who is employed as a subcontractor by an individual, builder or contractor to perform labor, a service, or provide materials may purchase a temporary occupational license for the sum of twenty dollars ($20.00). Such a temporary license can only be obtained where the subcontractor is only working for one (1) individual, builder, or contractor within the corporate limits of the City, and where the particular labor, service or material which he/she is providing will take thirty (30) days or less for completion. A maximum of two (2) such temporary licenses may be obtained by any person within any calendar year. After a person has obtained two (2) temporary licenses, he/she must then, if he/she becomes involved in a third construction project within the corporate limits of the City, purchase a regular occupational license, as is provided in Section 605.160 of this Chapter. However, such subcontractor will be given full credit for the funds expended on any temporary occupational licenses, toward the purchase of a regular occupational license. Such temporary licenses will be valid for thirty (30) days from the date of issuance.
[Code 1985, §52.140; CC 1990 §12-41]
Except as otherwise provided for in Section 605.150 and 605.165, every person engaged in a business (excluding those exempted by Section 71.620, RSMo., as amended, and as set forth in Section 605.030), shall procure and pay for a license based upon the following: twenty-five dollars ($25.00) for the business or trade of any kind.
[Ord. No. 1319 §1, 4-24-2000]
The City of Grain Valley, after submitting to the voters of the City and receiving their approval, does hereby adopt a business tax to regulate outdoor advertising structures equal to two percent (2%) of the gross annual revenues derived from the operation of each outdoor advertising structure within the City.
[Code 1985, §52.150; CC 1990 §12-42]
No claims for refund shall be allowable under this Chapter.
[Code 1985, §52.160; CC 1990 §12-43]
No person shall knowingly make a false statement in his/her application for a license as to any conditions or factors upon which the license fee is or shall be based.
Any person found making a false statement in his/her application for a license, or knowingly making a false statement as to any condition or factor upon which the license fee is or shall be based, the effect of which was or would be to reduce the amount of such fee, shall in addition to all other penalties now provided by law, pay to the City Clerk, upon demand therefor, the additional amount of license fee found to be due, plus a penalty of twenty-five percent (25%) of such additional fee together with interest on the additional license fee of one percent (1%) per month, after the date when the original license fee was due and payable; and any license theretofore issued to any such person shall be subject to suspension or revocation if so determined by the Board of Aldermen.
[Code 1985, §52.170; CC 1990 §12-44]
The Board of Aldermen shall have the power to suspend or revoke any license granted under the terms and provisions of this Chapter whenever it shall be shown, or whenever they have knowledge that a licensee is conducting said business or manufacturing in violation of any ordinance of the City. The Board of Aldermen shall have the power to issue subpoenas and all necessary processes and to require the production of papers, to administer oaths and to take testimony and to make findings thereon.
The Board of Aldermen shall not suspend any license issued under this Chapter for a period in excess of sixty (60) days.
Where action of suspension or revocation is to be taken pursuant to this Chapter, the licensee shall have five (5) days written notice of the Board of Aldermen's intention to suspend or revoke the license prior to the hearing on such suspension or revocation. Such written notice shall be directed by certified or registered U.S. Mail to the business address of the licensee on such licensee's application on file in the office of the City Clerk, and shall specify the grounds upon which the license is sought to be suspended or revoked.
The licensee shall have full right to be represented by counsel at such hearing, to produce witnesses in his/her behalf, and any such hearing, as herein provided, shall be before the Board of Aldermen.
[Code 1985, §52.180; CC 1990 §12-45]
Any person engaging in any business or manufacturing as herein provided, without first paying the license fee and securing a license therefor, as required by this Chapter or any person violating any other provisions of this Chapter shall, upon conviction thereof, be subject to punishment as provided in Section 100.110 of this Code.
Any person violating any order of the Board of Aldermen of suspension or revocation issued pursuant to Section 605.200 by continuing to engage in business or manufacturing during the term of suspension or revocation shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to punishment as provided in Section 100.110 of this Code.