[Ord. No. 363 §1,2]
A.
All
of the various objects, occupations, professions, trades, avocations
and businesses within the City of Herculaneum, Missouri specified
by this Chapter shall be licensed, taxed and regulated as herein set
forth.
B.
No
person shall conduct, pursue, carry on or operate within the City
any trade, profession, business, vocation, avocation or occupation
specified by this Chapter without paying in advance the license tax
prescribed and levied herein. All applications for license under the
provisions of this Chapter shall be filed with the City Clerk and
by him or her submitted to the Board for its approval or disapproval.
[Ord. No. 505 §4, 4-22-1991; Ord. No. 07-2009, 3-9-2009; Ord. No.
21-2017 § 1, 7-3-2017]
A.
The City of Herculaneum shall not issue any licenses for businesses,
merchants or otherwise as set forth in this Chapter for any delinquent
taxpayer.
B.
The City of Herculaneum shall not issue any license for any business
where goods are sold at retail unless the business provides the City
with a statement from the Department of Revenue stating no tax is
due under Sections 143.191 to 143.265, RSMo., or Sections 144.010
to 144.510, RSMo.
C.
The City of Herculaneum shall not issue any license for any business
to any applicant that is not qualified in all other respects under
the provisions of all pertinent ordinances and laws.
[Ord. No. 363 §4]
Every person to whom a license is issued under the provisions
of this Chapter shall keep the same conspicuously posted and displayed
at the place of business for which such license is issued.
[Ord. No. 363 §6]
It shall be the duty of the Collector to collect all monies
for licenses issued under the provisions of this Chapter, and he shall
keep a complete and accurate account and list of all such licenses
issued by him, so that at any time such list will clearly show what
licenses have been issued, for what purposes issued, the period of
time for which issued and the amount paid.
[Ord. No. 363 §6]
All licenses granted under the provisions of this Chapter shall
commence on the 1st day of November in each and every year, and shall
expire on the 31st day of October, of the year following the date
of issuance. Any license purchased six (6) months after the date required
for the annual issuance of license, for businesses not heretofore
licensed, shall be reduced to fifty percent (50%) of the annual fee
for the remaining portion of the year.
[Ord. No. 363 §7]
No license granted under the provisions of this Chapter shall
be assigned or transferred, and no refunds shall be made on any license
on account of the person to whom such license is issued discontinuing
or retiring from the business for which the license was issued.
[Ord. No. 363 §8]
All licenses issued by the City shall run in the name of the
City, be signed by the Mayor, be attested by the City Clerk and shall
bear the seal of the City. The form of such license shall designate
to whom issued, for what purposes, the business, trade, vocation or
avocation for which issued, the period of time for which issued and
the amount paid.
[Ord. No. 363 §9]
It shall be unlawful for any person to conduct, pursue, carry
on or operate within the City any business, trade, vocation, avocation,
occupation or profession without having first obtained a license to
conduct such business within the City, in accordance with the terms
of this Section, and the violation of this Chapter shall be a misdemeanor
punishable by a fine from one dollar ($1.00) to one hundred dollars
($100.00), and each day of violation may be deemed a separate violation.
[Ord. No. 363 §10; Ord. No. 13-2010 §2, 6-28-2010; Ord. No. 46-2015 §1, 11-2-2015]
A.
The term "merchant" or "person" as used in this Chapter shall hereby
be defined as any person, partnership or corporation who shall deal
in the retail selling of goods, wares or merchandise at any store,
stand or place occupied and maintained for that purpose within the
City; provided that this definition shall apply only to those businesses
not otherwise defined or named in this Chapter.
B.
For the purposes of this Chapter, the term "general contractor" shall
be defined as follows: one (1) who contracts for the completion of
an entire project, including purchasing all materials, hiring and
paying subcontractors and coordinating all the work.
[Ord. No. 363 §11; Ord. No. 08-2008 §3, 1-28-2008; Ord.
No. 13-2010 §1, 6-28-2010; Ord. No. 46-2015 §1, 11-2-2015; Ord. No. 28-2020, 10-5-2020; Ord. No. 42-2022, 11-21-2022]
All persons who are engaged in any of the following businesses,
trades, occupations, professions or avocations in the City shall pay
to the City an annual tax in an amount specified below:
|
Business, Etc.
|
Amount of Annual License Tax
|
|---|---|
|
Home occupations
|
$0.00
|
|
All other businesses, trades, vocations and avocations whatsoever
|
$200.00
|
[1]
Editor’s Note: Former Section 610.100, Automobile Dealerships
Operating Car Washes, adopted and/or amended by Ord. No. 39-2010 §
1, 10-25-2010, was repealed 5-20-2019 by Ord. No. 20-2019.
[Ord. No. 015-2012 §§1 — 7, 4-23-2012]
A.
Any
charitable and non-profit organization, corporation, or entity, hereinafter
referred to as "applicant", which is either based
in the City of Herculaneum or which maintains a business or office
in the City of Herculaneum shall be allowed to conduct weekend solicitations
in the City as provided hereafter.
B.
An
applicant shall make application to the City Clerk for a permit as
required by this Chapter at least seven (7) days prior to the desired
solicitation date. Said application shall be made upon a form provided
by the City Clerk and filed with the City Clerk. Each applicant, whether
acting individually or as a representative of a legal entity, shall
set forth the applicant's name and address of present place of residence
and also his/her/their business address if other than the residence
address; a description sufficient for identification of the subject
matter of the soliciting which the applicant will engage in; the period
of time for which the certificate is applied; the date, or approximate
date, of the latest previous application for certificate under this
Code, if any; whether a certificate of registration issued to the
applicant under this Code has ever been revoked; whether the applicant
has ever been convicted of a violation of any of the provisions of
this Chapter or Code regulating soliciting; whether the applicant
has ever been convicted of the commission of a felony under the laws
of the State of Missouri, or any other State or Federal law of the
United States.
C.
Total
hours of solicitation per weekend shall not exceed twelve (12) hours.
The applicant may divide this time over two (2) consecutive days of
the weekend, but shall not solicit more than six (6) hours per day.
D.
Solicitations
may be conducted on weekends only. For purposes of this Section, weekends
shall mean Saturday or Sunday and Friday from 4:00 P.M. to 7:00 P.M.
E.
No
applicant shall be entitled to more than four (4) permits in a twelve
(12) month period of time. If the applicant is seeking more than four
(4) permits in a twelve (12) month period of time, there must be specific
approval granted by action of the Board of Aldermen.
F.
Applications
or permits must be approved by the Board of Aldermen prior to issuance
for the permit.
G.
Applicants
shall be permitted to solicit at the intersections of City streets
only and under the following conditions:
1.
Solicitations or road blocks may only be set up at intersections
controlled by stop signs or electronic traffic signals.
2.
Each individual participating in the event shall be at least sixteen
(16) years of age and will wear a reflective safety vest.
3.
Solicitation will be permitted only between one-half (½) hour
after sunrise and one-half (½) hour before sunset.
4.
The association, organization or corporation shall be liable for
any injuries to any person or property during the solicitation which
is casually related to an act of ordinary negligence of the soliciting
agent, shall hold the City harmless from any claim of said person(s),
and shall provide the City with evidence that the group is insured
for one million dollars ($1,000,000.00), and has named the City as
an additional insured.
5.
There shall be a sign displayed facing each direction as traffic
approaches the road block to announce the nature of the charitable
cause. Each sign shall have no less than three (3) inch lettering
and be conspicuous to the traveling public so that they may readily
determine the charity requesting the contribution.
[Ord. No. 017-2012 §§1 — 4, 5-14-2012]
A.
The
City of Herculaneum may allow, after approval of the City Clerk and
Building Inspector, a business license for temporary structures for
the sale of goods and merchandise.
B.
The
operator of said business shall have to obtain a City business license
from the City of Herculaneum and pay the usual charge therefor.
C.
The
business shall be open only for such a time as may be approved by
the City Clerk and Building Inspector, but no longer than twenty-one
(21) days. No applicant shall be entitled to sell goods and merchandise
from a temporary structure more than four (4) times per year.
D.
Said
temporary structure shall, in all respects, comply with the ordinances
of the City of Herculaneum.
