[Ord. No. 2591, 9-13-2022]
There is hereby levied a license fee to be charged and collected
on all businesses, occupations, professions, trades and avocations;
on all persons, companies, associations and corporations who shall
deal in or sell any articles or things and any business or trade which
operates for profit, whether operated by a person, company, association
or corporation, until said person, firm or corporation shall obtain
an occupational license and pay the sum as detailed in the City's
Comprehensive Fee Schedule.[1]
[1]
Editor's Note: The City's Comprehensive Fee Schedule
is on file in the City offices.
[Ord. No. 2591, 9-13-2022]
A.
No license shall be issued, renewed, or reinstated for any business,
occupation, profession, trade, or avocation whose lands, premises,
buildings, or structures in which they operate or maintain stores
of goods, supplies or equipment are not in conformance with all applicable
zoning and building, and fire code requirements.
B.
No license shall be issued, renewed, or reinstated for any occupation,
profession, trade, business or avocation not possessing any and all
licenses, certifications, permits or other applicable authorization
required by Federal, State or County laws or regulations.
C.
Copies of all State, County, or Federal Licenses as required by law
must be submitted with the application.
D.
Copy of no tax due if retail.
E.
Proof of workers' compensation if construction.
[Ord. No. 2591, 9-13-2022]
It shall be the duty of the City Collector or other proper officer
to collect the license fee as detailed in the City's Comprehensive
Fee Schedule,[1] and the City Collector shall issue all licenses which
shall be signed by the City Clerk and no license shall be issued until
the fee for same as herein provided is paid.
[1]
Editor's Note: The City's Comprehensive Fee Schedule
is on file in the City offices.
[Ord. No. 2591, 9-13-2022]
There shall be no transfers of license from one (1) person to
another except that where a business, including stock, if any, is
sold and the new owner continues the business at the same location
and under the same name, the license shall continue to expiration.
[Ord. No. 2591, 9-13-2022]
All licenses issued pursuant to this Article shall commence
on the first day of December and shall be renewed the following year
by the first day of December. Any person subject to the provisions
of this Article who fails to obtain a license during the month of
December shall in addition to any other penalties pay a ten percent
(10%) penalty of the amount of such license fee for each delinquent
month after the month of December.
[Ord. No. 2591, 9-13-2022]
A.
A license issued under the provisions of this Chapter may be suspended
by the City Administrator, pending a denial or revocation hearing
by the City Council, for any of the following reasons:
1.
Any fraud, misrepresentation or false statement contained in
the application for license.
2.
Non-compliance with all applicable City zoning, building, and
fire code requirements.
3.
Any failure to comply with, or any violation of the terms or
provisions of this Chapter, or the laws of the State of Missouri.
4.
Conduct of the business licensed under the provisions of this
Chapter in an unlawful manner or in such manner as to constitute a
breach of the peace or detrimental to the public health, safety, or
welfare.
5.
Failure or refusal to comply with the requirements of a provisional
order or any other order issued by City Administrator or City Council.
6.
Failure to obtain any and all licenses, certifications, permits
or other applicable authorization required by Federal, State, County,
or City laws or regulations, including, but not limited to, a Missouri
retail sales license.
7.
Failure to pay City tax, user fee or other obligation due to
the City.
8.
Violation of the terms and conditions upon which the license
was issued.
9.
Violation of the terms and conditions of any permit granted
by the City related to the business for which the license was issued.
10.
Violation of any ordinance of the City regulating the business,
activity or thing licensed.
11.
Illegal or improper issuance of the license.
B.
Notice of a finding of violation shall be given as set forth in Section 605.047. The owner or agent of any occupation, trade, business, or profession shall be given an opportunity to correct the condition(s) in violation, request a public hearing before the City Council or cease operation of the business. If the owner or agent requests a hearing, the hearing shall be conducted as set forth in Section 605.048. Upon conclusion of the public hearing, the City Council shall approve, revoke, deny or suspend the business license.
C.
Upon revocation, denial, or suspension of a business license, no
refund of any portion of the license fee shall be made to the licensee
and the licensee shall immediately cease all business operations at
each place found to be in violation of the provisions of this Chapter
or any other law or Chapter.
D.
Any person violating any order of the City Administrator, or their designee, or City Council dealing with the suspension, denial or revocation of any license made pursuant to this Section continuing to engage in any business, profession, or occupation during the term of such suspension or revocation shall be subject to the violation and penalty provision of Section 100.100.
[Ord. No. 2591, 9-13-2022]
A.
Upon findings of a violation(s), the City Administrator, or their
designee, shall serve notice on the owner or agent of any occupation,
trade, business, or profession. The notice shall state the condition(s)
which is (are) in violation of this Chapter. The notice shall inform
the owner, agent, individual, firm, corporation, business, trade,
or company that:
1.
He/she or they shall have ten (10) days from the date of receipt
of the notice to correct the condition(s) in violation of this Chapter;
2.
He/she or they have ten (10) days from the date of receipt of
the notice to request a hearing before the City Council;
3.
Failure to correct the condition(s), request a hearing within
the time frame allowed or cease operation may result in Municipal
Court prosecution;
4.
The owner, occupant, or agent in charge of the property should
contact the City Administrator, or their designee, if there are any
questions regarding the order.
B.
Service shall be by certified mail, return receipt requested, or
personal service to the address on the license. Notice shall be deemed
served upon the date of acceptance of personal service or three (3)
business days following the mailing of certified mail. Notice shall
also be deemed served upon posting of said notice at the address on
the license if mailed notice is deemed undeliverable by the United
Stated Postal Service or upon refusal of personal service.
[Ord. No. 2591, 9-13-2022]
If a hearing is requested within the ten (10) day period as provided in Section 605.047, such request shall be made in writing to the City Council. Failure to make a timely request for a hearing shall constitute a waiver of the person's right to contest the findings of the City Administrator before the City Council. The hearing shall be held by the City Council as soon as possible after the filing of the request therefor, and the person shall be advised by the City of the time and place of the hearing at least five (5) days in advance thereof. At any such hearing, the person may be represented by counsel and the person and the City may introduce such witnesses and evidence as is deemed necessary and proper by the City Council. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the City Council shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter.
[Ord. No. 2591, 9-13-2022]
A license revoked for any violation of the terms of this Article
shall be reinstated only upon correction of all stated violations,
payment of all fines and costs from said violations and payment of
a license fee as detailed in the City's Comprehensive Fee Schedule.[1]
[1]
Editor's Note: The City's Comprehensive Fee Schedule
is on file in the City offices.
[Ord. No. 2591, 9-13-2022]
All licenses issued under the terms of this Article shall be
signed by the Mayor, attested and countersigned by the City Clerk
and Collector, and the corporate Seal of the City shall be affixed
thereto.
[Ord. No. 2591, 9-13-2022]
Any individual, firm or corporation or concern whatever is liable to pay a license fee under the terms of this Article, who or which shall do business without first having obtained said license or following revocation of said license, shall upon conviction be deemed guilty of a misdemeanor and each day said business is carried on or conducted without having obtained said license shall be deemed a separate offense and shall be subject to the violation and penalty provision of Section 100.100.
[Ord. No. 2591, 9-13-2022]
Any person not subject to the provisions of this Article but
who becomes subject thereto during any month following December of
each year shall be issued a license dated to expire the following
first day of December with the license fee prorated after June 1 at
one-half (1/2) of the fee due for the remaining months until December.
[Ord. No. 2591, 9-13-2022]
No license required by this Article shall be issued until the
fee as set forth in the City's Comprehensive Fee Schedule[1] has been paid to the City Collector.
[1]
Editor's Note: The City's Comprehensive Fee Schedule
is on file in the City offices.
[Ord. No. 2591, 9-13-2022]
No license required by this Article shall be assigned or transferred.
[Ord. No. 2591, 9-13-2022]
A.
There is hereby charged and shall be collected a license fee, for
the carrying on and for conducting for pay or profit any business,
occupation, pursuit or agency that is not specifically exempted from
taxation under the laws of the State of Missouri, under this Code
as follows:
2.
For the purposes of this Subsection, owners of record of each
such business shall not be considered employees. The term "employees,"
as used herein, shall also not include traveling employees or seasonal
employees employed for a period of less than three (3) weeks duration
any one (1) calendar year.
3.
Contractors working or based in the corporate limits of the
City of Richmond, Missouri, shall pay the fee as set forth in the
City's Comprehensive Fee Schedule.[2]
Any such contractor may employ a subcontractor not based within
the corporate limits of the City of Richmond, Missouri, but such subcontractor
shall not begin any work upon the project without first obtaining
a license in the amount as set forth in the City's Comprehensive
Fee Schedule[3] per job or, in lieu thereof, such subcontractor whose
principal place of operation is not within the corporate limits of
the City of Richmond, Missouri, may purchase an annual license based
upon the same schedule as herein contained for contractors working
or based in the corporate limits of the City of Richmond, Missouri.
Such licenses for said subcontractors shall be available for inspection
at the job site, and upon request from any officer or official of
the City of Richmond, Missouri, such licenses shall be produced by
the subcontractor for inspection by such officer or official.
4.
Any business doing sales at retail in the corporate limits of
the City of Richmond, Missouri, but not primarily based within the
corporate limits of the City of Richmond, Missouri, shall pay an annual
license fee as set forth in the City's Comprehensive Fee Schedule.[4]
[4]
Editor's Note: The City's Comprehensive Fee Schedule
is on file in the City offices.
5.
Any business making sales at wholesale within the corporate
limits of the City of Richmond, Missouri, but not primarily based
within the corporate limits of the City of Richmond, Missouri, shall
be exempt from the license requirements in the terms of this Section.
[Ord. No. 2591, 9-13-2022]
A.
Any person, firm, co-partnership or corporation engaging in the sale of gasoline and/or diesel fuel is required, pursuant to Section 215.1130 of the Municipal Code of the City of Richmond, Missouri, to require pre-payment or pre-approval of sales of fuel prior to activation or authorization of any fuel dispensing unit or fuel pumping device.
B.
The City shall not renew the business license required by Chapter 605 of the Municipal Code of the City of Richmond, Missouri, of any person, firm, co-partnership or corporation which has been convicted of, or whose employee or owner has been convicted of, a violation of Section 215.1130 of the Municipal Code of the City of Richmond, Missouri, for failure to require pre-payment or pre-approval of sales of fuel prior to activation or authorization of any fuel dispensing unit or fuel pumping device in the twelve (12) months next preceding the renewal date of the expiring business license of the business.
