[R.O. 1992 § 605.010; CC 1984 § 54.010; Ord. No. 1937-03 § 1, 3-18-2003]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- AUTO REPAIR SHOP
- Any garage, public or private, or shop building where automobile repair work is solicited or performed for others for a valuable consideration or where non-operative cars are parked or stored for whatever purpose.
- BUILDING CONTRACTOR
- A person who limits his/her contracting to repairing and general carpentry work, and excluding the categories of brick laying, concrete finishing, excavating, electrical work, painting, plastering, plumbing and roofing.
- A butcher is defined to mean anyone who cuts meat, but does not slaughter at his/her own place of business for his/her own use any animal larger than a chicken, and who cuts such meat for sale at wholesale or retail.
- A person who, in pursuit of an independent business undertakes to perform a job or piece of work, retaining in himself/herself control of means, method and matter of accomplishing the desired result.
- GENERAL CONTRACTOR
- A person who shall perform more than one of the categories of building, laying brick, finishing concrete, excavating, performing electrical work, painting, plastering or roofing. A purchase of a general contractor's license shall entitle that person to do any and all forms of contracting within the confines of the City.
- INSURANCE AGENT
- A person who writes insurance business in only one (1) insurance company.
- INSURANCE BROKER
- A person who writes general insurance business in two (2) or more insurance companies.
- INSURANCE COMPANY
- A person who engages in the business of writing contracts for a stated consideration agreeing to indemnify another person against loss, damage or liability arising from an unknown contingent event.
- A person, firm, or corporation, who as a business for valuable consideration buys, sells or otherwise deals in goods, wares and merchandise, and/or furnishes services of all types and kinds, including all types and kinds as listed herein.
- NON-PERMANENT STRUCTURE
- All businesses operating outdoors by means of motor vehicle, tent, awning, table, trailer or other similar means (including outside without a structure).
- The word person, as used herein, shall include any individual, firm or corporation or partnership and other unincorporated associations.
[R.O. 1992 § 605.020; CC 1984 § 54.020]
In construing the provisions of this Chapter, any non-defined terms shall be given meanings generally ascribed to such terms.
[R.O. 1992 § 605.030; Ord. No. 885-82 § 2, 9-7-1982; CC 1984 § 54.030; Ord. No. 2284-08 § 1, 11-18-2008; Ord. No. 2728-19, 2-19-2019]
Every person, firm or corporation who shall maintain, operate or conduct any of the businesses, trades, vocations, avocations or places of amusement or exercise the privileges specified in this Chapter shall obtain a license to do so and pay the license fee or tax prescribed in Section 605.130. All license taxes shall be due and payable on June first (1st) of each year and shall be delinquent after June thirtieth (30th) of each year. Every individual, partnership or corporation doing business in the City of Camdenton upon application for a merchant's license must show proof that they have registered with the State of Missouri and the Department of Revenue of the State of Missouri and have obtained a sales tax number. Failure to furnish such proof will result in the refusal to issue a City merchant's license.
Per Section 71.620, RSMo., the following livelihoods are exempt from fees but must still apply for and meet all requirements of a business license within the City of Camdenton:
Per Section 71.620, RSMo., the following livelihood are exempt from licensing and fees unless a physical office is maintained within the City of Camdenton:
Beginning January 1, 2009, as required by Section 144.083.4, RSMo., the possession of a statement from the Missouri Department of Revenue stating no tax is due under Sections 143.191 to 143.265, RSMo., or Sections 144.010 to 144.510, RSMo., shall also be a prerequisite to the issuance or renewal of a City merchant's license required for conducting any business within the City of Camdenton where goods are sold at retail. The statement of no tax due shall be dated no longer than ninety (90) days before the date of submission for application or renewal of the license.
[R.O. 1992 § 605.035; Ord. No. 1936-03 § 1, 3-18-2003; Ord. No. 2458-13 § 1, 2-19-2013]
In addition to the annual business license renewal fee, any license fee due and unpaid thirty (30) days after it becomes due and payable as set out in Section 605.030 shall be subject to a penalty in the amount of five percent (5%) of the amount due on the license with an additional five percent (5%) for each additional month or fraction thereof during which such failure continues, not exceeding twenty-five percent (25%) in the aggregate and shall be subject to application and inspection of the business as if it were a new application.
[R.O. 1992 § 605.040; CC 1984 § 54.040]
Nothing contained in this Chapter shall in anywise be deemed to apply to any carnival or circus, so far as the payment of a license fee is required, if the same shall be operated by or under the auspices of, or sponsored by any non-profit association or corporation maintaining its principal place of business in the City. The burden of proving such operation shall be upon the person claiming an exemption under this Section.
[R.O. 1992 § 605.042; Ord. No. 1484-93 § 1, 4-13-1993; Ord. No. 1937-03 § 1, 3-18-2003; Ord. No. 2112-06 § 1, 4-18-2006]
Businesses which operate from non-permanent structures or without a structure in the City of Camdenton shall comply with the following provisions. This Section shall apply to those desiring to operate within commercial or industrial zones only. Businesses or salespersons who sell to residents at their residential location shall comply with Chapter 608 of this Code.
Non-Permanent Structure In A Set Location.
A "set location" shall mean if a business is set up, open and/or advertised for business and generally inviting the public at large to transact business at the location of the non-permanent structure. This shall include businesses operating for more than one (1) hour length of time in a set location.
Non-permanent structures operating from a set location shall only be allowed to operate in "C-2" or "I-1" zoning districts.
All such businesses shall operate only during daylight hours. All goods for sale must be secured each evening with a locking device and not merely covered. The business license issued by the City of Camdenton shall be clearly displayed at the set location at all times.
In no event shall any business operating from a non-permanent structure invite or allow customers into such structure.
All businesses operating from non-permanent structures in a set location shall not be permitted to operate in a public right-of-way, public parking areas or in areas owned by the City of Camdenton or State of Missouri.
All businesses operating from a non-permanent structure in a set location must have a signed written lease or signed written permission from the owner of the property upon which they are setting up. Such lease or permission must be presented to the City in order to obtain a business license under this Section.
Such businesses shall not have signage larger than one (1) non-electric sign detached from the structure of not more than twenty (20) square feet.
Such businesses shall not have generators or other devices which cause noise that can be heard from adjacent property locations.
The applicant shall deposit with the City Clerk a bond in the amount of one hundred dollars ($100.00) (cash or surety) to secure collection and payment to the Missouri Department of Revenue all sales tax due and payable by reason of sales made within this City. Said bond shall be forfeited to the City if the applicant does not, within ninety (90) days of the expiration or surrender of his/her license, demonstrate by affidavit or otherwise that sales tax has been paid for sales made in the City of Camdenton.
The license fee for such a license shall be five hundred dollars ($500.00) per six-month time period.
Vendors operating during City approved festivals shall be exempt from these requirements. Vendors operating as part of the Farmer's Market shall be exempt from this Section provided they operate only between the hours of 6:00 A.M. and 1:00 P.M. on Saturdays only in the square quadrant adjacent to the courthouse.
Mobile Non-Permanent Structures Or Without A Structure. Persons operating a business from a mobile non-permanent structure or without a structure (salespersons) shall comply with the following provisions when operating in all commercial and industrial districts in the City:
When selling non-food items, such persons shall pay a license fee of five hundred dollars ($500.00) for each six-month period. The applicant shall deposit with the City Clerk a bond in the amount of one hundred dollars ($100.00) (cash or surety) to secure collection and payment to the Missouri Department of Revenue all sales tax due and payable by reason of sales made within this City. Said bond shall be forfeited to the City if the applicant does not, within ninety (90) days of the expiration or surrender of his/her license, demonstrate by affidavit or otherwise that sales tax has been paid for sales made within the City of Camdenton.
When selling only food items, such persons shall pay a fee of one hundred dollars ($100.00) per year. Such businesses may also deliver food items to residences within the City with a license under this Section only when specifically requested to make such deliveries (pizza delivery, etc.).
Businesses operating under Subsection (A)(2)(b), above, must keep their business license issued by the City of Camdenton available and present it upon request of any customer, City Official or Law Enforcement Officer.
Businesses licensed under this Section shall not operate in residential districts without complying with Chapter 608 of this Code. Businesses desiring to operate a mobile non-permanent structure in both residential and commercial districts shall comply with Chapter 608 of this Code and shall be exempt from this Section.
In no event shall any business operating from a non-permanent structure invite or allow customers into such structure.
The following types of businesses shall be exempt from the provisions of this Section:
Delivery persons delivering goods which have been purchased or ordered previously.
Deliveries of food or non-food items being made to businesses for resale or for business use.
Contractors licensed under Section 605.150 performing work at the specific request of the owner or occupant of a business or residence may provide products or goods as part of their services.
Ice cream trucks which operate within the City may be licensed pursuant to Subsection (A)(2)(b) of this Section and may operate both in commercial and residential zoning districts so long as they do not contact residents individually at their residences (they must generally announce their presence in a neighborhood with a bell or other device and not knock on doors or ring doorbells individually to announce their presence or sell items). Ice cream trucks may operate only during the hours from 10:00 A.M. to 8:00 P.M.
A commercial business located in the City may post signs requesting "no solicitors" or "no peddlers." In such case, a business operating from a mobile non-permanent structure shall not call on such businesses or persons inside such businesses without a prior specific invitation.
Violations. Any violation shall be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment of not more than ninety (90) days. Each day may be considered a violation of this Section.
[R.O. 1992 § 605.050; Ord. No. 1257-89 § 1, 8-15-1989; Ord. No. 1500-93 § 1, 7-20-1993; Ord. No. 1657-97 § 1, 4-15-1997; Ord. No. 2728-19, 2-19-2019]
No license shall be issued to any firm, person or corporation which shall be in arrears of payment of any debt to the City unless an acceptable payment plan has been approved by the City.
Any person, firm or corporation who is required to pay sales tax to the City of Camdenton, Missouri, must show proof to the City Clerk that all sales tax due to the State of Missouri and the City of Camdenton, Missouri, have been paid to the date of the application prior to being issued a City business license.
Any person, firm or corporation failing to provide proof of payment 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 thereon are fully paid and the Department of Revenue for the State of Missouri certifies that same are fully paid.
No license shall be issued to any firm, person or corporation which will occupy or transact business on any property or in any structure when the property or structure is assessed a fee, charge or tax by the City and the lessor or owner of such property or structure is in arrears of payment of those fees, charges, taxes or any other debt to the City unless an acceptable payment plan has been approved by the City.
Evidence Of Worker's Compensation Insurance Prior To License Insurance. No license required under the provisions of this Section shall be issued by the City Clerk to any person until such person produces a copy of a Certificate of Insurance for Worker's Compensation coverage if the applicant for the license is required to cover his liability under Chapter 287, RSMo. It is further made a violation of this Section to provide fraudulent information to the department.
Inspections. Any business operating within the City, with the exception of home-based businesses covered by Section 400.011 of the Code, will be subject to inspection to determine conformance with the Building and Fire Codes of the City on an initial and ongoing basis as a condition of the issuance and renewal of business licenses.
Prior to the initial granting of a business license, the business premises shall be inspected to insure the buildings and premises conform to the Building and Fire Codes of the City. If violations are found, a written notice will be provided by the Code and Fire Official. The initial business license will not be issued until violations are corrected.
For business license renewal inspections or other inspections, any violations must be remedied within thirty (30) days, unless a written extension is granted. In the event of immediate dangers to health or safety, the business license may be immediately suspended or revoked by the City Clerk until the danger is corrected.
In addition to any other penalty which may be provided, the City Clerk, may revoke, suspend or withhold the business license of any licensee who refuses to allow inspections or fails to remedy violations.
[R.O. 1992 § 605.060; CC 1984 § 54.060]
The City Clerk shall classify all applicants for licenses, putting them in appropriate classes, and issue appropriate licenses to them. Any person feeling aggrieved by his/her decision, may pay his/her fee under protest and appeal within thirty (30) days to the Board of Aldermen, which shall have power to order the license canceled, the fee repaid and a new and more appropriate license or licenses issued.
[R.O. 1992 § 605.070; CC 1984 § 54.070]
All licenses required by the City, unless otherwise specified in this Chapter shall be issued by the City Clerk, subject to the approval of the Board of Aldermen. The Board of Aldermen shall have the right to revoke or disapprove any license issued by the City Clerk in a month previous to the regular meeting of any Board of Aldermen. It shall be the duty of the City Clerk to issue a license in conformity with the requirement contained in this Chapter and upon payment of the proper license taxes required.
[R.O. 1992 § 605.080; CC 1984 § 54.080]
The regular license period for the City is from June 1 through May 31 of the following year, and when any person shall apply for a license from the City and the period for which the business shall be operated shall be less than twelve (12) months, the license tax shall be as follows: If such license shall run more than one (1) month and less than six (6) months, then the license tax charged shall be one-half (1/2) the license tax charged for the full twelve (12) months. If such period be more than six (6) months and less than nine (9) months, then the license tax charged shall be three-fourths (3/4) of the license tax charged for the full twelve (12) months. If such period be for more than nine (9) months then the license tax shall be the same as for twelve (12) months.
[R.O. 1992 § 605.090; CC 1984 § 54.090]
All licenses issued by the City shall be deemed to be mere personal privileges and shall not be transferable or assignable.
[R.O. 1992 § 605.100; CC 1984 § 54.100]
No person operating under a City license shall refuse to exhibit his/her license to any City Official or his/her Deputy upon demand. All licenses so issued shall be posted in the place of business in a conspicuous place for all members of the public to view.
[R.O. 1992 § 605.110; CC 1984 § 54.110]
All licenses are revocable at any time by the Board of Aldermen upon satisfactory proof that the licensee has violated this Chapter or any other ordinances relating to the business or acts done under the license, or that the licensee has been misrepresenting his/her goods or service sold or offered for sale in the City, has been practicing fraud upon the public or has been selling for food for human beings or animals any unwholesome or unfit substances, or has been conducting a business not covered by his/her license, or has been conducting any immoral or disorderly place or business, or has been conducting any place or business dangerous to public health or safety or detrimental to public morals. If any license issued pursuant to this Chapter is terminated by revocation, death of the licensee or other cause, all fees or taxes paid the City shall be forfeited to the use of the City. No person whose license has been revoked by the Board of Aldermen shall thereafter be entitled to engage in the business or do the acts for which the license was issued in the City, unless the Board of Aldermen, for a good cause shown, shall remove such disqualifications. Any person engaged in any business, conducting any place or doing any act for which a license is or may hereafter be required in the City, who shall be convicted of violating this Chapter or any other ordinance relating to his/her business shall, without action by the Board of Aldermen, have his/her license revoked.
[R.O. 1992 § 605.120; CC 1984 § 54.120]
The City Clerk shall keep an accurate record of all licenses issued, showing the nature of the business, the name and address of the licensee and any other information he/she deems proper.
[R.O. 1992 § 605.130; Ord. No. 880-82 § 1, 5-18-1982; CC 1984 § 54.130]
Every person who shall deal in or act in any of the businesses or occupations or own, operate or deal in any of the things mentioned in this Chapter shall first obtain licenses from the City Clerk and pay the following schedule of taxes therefor, for the use of the City. Such taxes are as follows:
[R.O. 1992 § 605.140; CC 1984 § 54.140]
The City Clerk and City Police shall see that this Chapter is fully complied with and advise the City Attorney to prepare complaints against all persons known to be violating this Chapter. Any person, firm or corporation found to be in violation of this Chapter for a period of thirty (30) days or more shall be summoned before the Municipal Court of the City of Camdenton, upon complaint duly filed. Upon conviction of a violation of any such provision of this Chapter, the violator shall be punished as provided for in Section 100.220, and no license shall be issued until such fine and cost and the license tax shall be paid in full.