[1]
Cross References: Alcoholic beverage licenses, Ch. 600; dangerous animal permit, Ch. 210; permits for cats and dogs, Ch. 210; fireworks permits, Ch. 220; flood control development permits, Ch. 415; solid waste collection and disposal permits, Ch. 235; park permits, Ch. 410; proper display of vehicle license plates, Ch. 390; vehicle registration, title and licenses, Ch. 390; angle loading permits, Ch. 350; curb loading permits, Ch. 360; excess weight permits, Ch. 382; permits for use of parks, Ch. 240; street excavation permit, Ch. 505; parade permit, Ch. 347; private sewage disposal system permit, Ch. 705.
[R.O. 1996 § 605.010; Ord. No. 2524, 10-12-2020[1]]
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.
[R.O. 1996 § 605.020; Ord. No. 2524, 10-12-2020]
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.
[R.O. 1996 § 605.030; Ord. No. 2524, 10-12-2020]
A.
It shall be unlawful for a person to operate
a business within the City without first having obtained a valid business
license or permit. It shall be unlawful for a person to continue to
operate a business after the expiration of the license unless a new
license has been issued.
1.
Advertising or soliciting constitutes
engaging in business. For purposes of this Section, "advertising"
means the use of any handbill, billboard, sign, newspaper, radio,
loudspeaker, television, telephone listing, computer listing, or other
message or device whereby the services or products are offered to
the public. The listing in an advertisement of an address which is
inside the City or a telephone number associated with the business
shall constitute prima facie evidence that the person is engaged in
the business activity that is being advertised. It shall be unlawful
for any person who is required by the provisions of this Chapter to
secure a license to advertise the activity without first securing
such a license.
2.
It shall be unlawful for any person
who is required by the provisions of this Chapter to have a license
in order to engage in the licensed activity to solicit, to accept
consideration, or to offer the services or products to the public
without first securing a license.
[R.O. 1996 § 605.040; Ord. No. 2524, 10-12-2020]
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.
[R.O. 1996 § 605.050; Ord. No. 2524, 10-12-2020]
The terms "business or manufacturing"
or "business" as used in this Chapter shall include all of the businesses
and occupations listed in Section 94.270, RSMo., or any similar provision.
The businesses and occupations listed herein shall be construed broadly
to include any substantially similar business or occupation regardless
of the current title of such business or occupation, and specifically
including the following:
Auctioneers
Artists
Agents
Automobile agencies and dealers
Automobile accessories dealers
Auto wrecking shops and junk dealers
Auto liveries
Auto drays and jitneys
Banks
Brokers
Butchers
Billiard, pool tables and other tables
Bowling alleys
Bill posters
Balls
Ball alleys
Confectioners
Corn doctors
Druggists
Drays, transfer and all other vehicles
Dance houses
Draymen
Express companies
Express agents
Ferries
Grocers
Gaugers
Gas companies
Gasoline filling stations
Hawkers
Hotels
Horse or cattle dealers
Hackmen
Inspectors
Insurance companies
Insurance agents
Intelligence and employment offices
and agencies
Lumber dealers
Loan companies
Loan agents
Light, power and water companies
Lung testers
Merchants of all kinds
Moving picture shows
Mercantile agents
Manufacturing and other corporations
or institutions
Money brokers
Money changers
Museums
Menageries
Muscle developers
Magnifying glasses
Opera houses
Omnibuses
Ordinaries
Omnibus drivers, porters and all
others pursuing like occupations, with or without vehicles
Pawnbrokers
Public boardinghouses
Public buildings
Public halls
Photographers
Porters
Public lecturers
Patent right dealers
Plumbers and all other business,
trades and avocations whatsoever
Public masquerades
Pistol galleries
Private venereal hospitals
Pool tables and other tables
Restaurants
Real estate agents
Runners for steamboats, cars and
public houses
Stockyards
Soft drink stands combined
Soda fountains
Street railroad cars
Street exhibitions
Shows and amusements
Sales of unclaimed goods by express
companies or common carriers
Telegraph companies
Telephone companies
Telescopic views
Ten pin alleys
Theatrical or other exhibitions.
Nothing in this Chapter shall be
construed as authorizing any person to sell intoxicating liquors by
virtue of such a license.
[R.O. 1996 § 605.060; Ord. No. 2524, 10-12-2020]
A.
The following businesses shall be exempt
from City license requirements:
1.
Any minister of the gospel, duly
accredited Christian Science practitioner, teacher, a professor in
a college, priest, lawyer, certified public accountant, dentist, chiropractor,
optometrist, chiropodist, physician, or surgeon.
2.
Any insurance agent or broker, veterinarian,
architect, professional engineer, land surveyor, auctioneer, or real
estate broker or real estate salesman, unless that person maintains
a business office within the City limits.
3.
Any farmer or producer of produce
raised by him/her, when sold from his/her wagon, cart, vehicle, or
stand, or any person in the employ of such farmer or producer.
4.
Any additions or deletions to this
list as required by State law.
[R.O. 1996 § 605.070; Ord. No. 2524, 10-12-2020]
A.
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.
B.
No application shall be issued 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.
C.
No license shall be issued unless the location
of the proposed business or occupation shall comply in every respect
with the zoning and/or other ordinances of the City. On all new applications,
the Community Development Director and Building Official shall certify
that the premises meet minimum code standards as established by the
City, before issuance of such license.
D.
No license shall be issued until payment
of the appropriate license fee as set forth in the Comprehensive Fee
Schedule.
E.
Upon receipt of a valid application and
the accompanying fee, the Mayor and City Clerk shall sign the license
and the City Clerk shall issue the business license, or renew the
business license, within fifteen (15) days. If a license is denied,
the City Clerk shall provide the applicant with a statement of the
reasons for the denial.
F.
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.
[1]
State Law Reference: See Section 94.230, RSMo.
[R.O. 1996 § 605.080; Ord. No. 2524, 10-12-2020]
A.
Except as otherwise specifically provided,
the license year for all business or manufacturer licenses issued
under this Chapter shall begin July 1 and end June 30. All such licenses
shall be due and payable on or before July 1 of each year. Any person
whose business license has expired shall immediately cease doing business
until a new license is issued.
B.
The City Clerk shall add to the amount
due ten percent (10%) for licenses not renewed on or before July 1,
but which are reinstated within thirty (30) days of expiration and
an additional five percent (5%) penalty for each month thereafter
that such license tax fee remains delinquent and a business, trade,
occupation, or service occupation is conducted within the City, up
to a thirty percent (30%) maximum penalty. This penalty shall be in
addition to all other penalties which may be imposed by law or ordinance.
Nothing in this Section shall be construed to allow any business to
operate after the expiration of its license.
[R.O. 1996 § 605.090; Ord. No. 2524, 10-12-2020]
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 meeting of the Board not less than
thirty (30) days subsequent to such filing.
[R.O. 1996 § 605.100; Ord. No. 2524, 10-12-2020]
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.
[R.O. 1996 § 605.110; Ord. No. 2524, 10-12-2020]
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.
[R.O. 1996 § 605.120; Ord. No. 2524, 10-12-2020]
A.
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 or business entity, upon filing with the City Clerk an amended application, within fifteen (15) days of the change, showing the change of address. It shall also be compulsory that Subsection 605.070(C) be complied with in respect to the new location and premises.
B.
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 a change of ownership.
[R.O. 1996 § 605.130; Ord. No. 2524, 10-12-2020]
Whenever any person making an 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.
[R.O. 1996 § 605.140; Ord. No. 2524, 10-12-2020]
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.
[R.O. 1996 § 605.150; Ord. No. 2524, 10-12-2020]
No claims for refund shall be allowable
under this Chapter.
[R.O. 1996 § 605.160; Ord. No. 2524, 10-12-2020]
A.
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.
B.
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.
[R.O. 1996 § 605.170; Ord. No. 2524, 10-12-2020]
A.
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.
B.
The Board of Aldermen shall not suspend
any license issued under this Chapter for a period in excess of sixty
(60) days.
C.
Where the 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.
D.
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.
[R.O. 1996 § 605.180; Ord. No. 2524, 10-12-2020]
A.
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.
B.
Any person violating any order of the Board of Aldermen of suspension or revocation issued pursuant to Section 605.170 by continuing to engage in business or manufacturing during the term of suspension or revocation shall be guilty of an ordinance violation, and upon conviction thereof shall be subject to punishment as provided in Section 100.110 of this Code.
