City of Wentzville, MO
St. Charles County
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Table of Contents
Table of Contents
Cross References — Alcoholic beverages licenses, §600.130 et seq.; mechanical amusement center license, §625.070 et seq.; adult business permits, §630.070 et seq.
[R.O. 2006 §605.040; CC 1988 §24-27; Ord. No. 525 §1, 12-12-1973; Ord. No. 1159 §3, 10-28-1992; Ord. No. 2095 §2, 4-16-2004]
All individuals, corporations, partnerships, retailers and merchants doing business within the City of Wentzville shall be required to purchase and keep on display a City of Wentzville business license. Any business operated under the same name at multiple locations shall be required to have a separate license for each such location.
[R.O. 2006 §605.010; CC 1988 §24-1; Ord. No. 174 §§1 — 2, 12-5-1950; Ord. No. 2095 §§9 — 10, 4-16-2004; Ord. No. 3011 §1, 8-12-2009]
A. 
No license or permit provided for or required under an ordinance of the City of Wentzville, Missouri, shall hereafter be issued by the City to any person, firm or corporation until any and all municipal taxes and fees of the applicant shall have first been paid. Sales tax payment is required before a business license can be issued; the applicant for a business license must be current in the payment of all sales tax to the Director of Missouri Department of Revenue and submit a copy of its Missouri Sales Tax Certificate. For purposes of this Subsection, a tax or fee due and owed by the applicant shall include any such amount owed by the applicant, whether jointly or severally or in joint tenancy or by any partnership, corporation or other entity in which the applicant holds a fifty percent (50%) or greater interest or by any shareholder, member or partner holding a fifty percent (50%) or greater interest in such entity.
B. 
Any applicant for business license who has been denied a license because of unpaid City of Wentzville real property taxes may apply to the Board of Aldermen requesting a temporary business license on the grounds of undue hardship. The written application shall be filed with the City Clerk and shall set forth the reasons for the request including the unique circumstances affecting the applicant and the claimed undue hardship. The Board of Aldermen shall then determine whether the applicant has suffered an undue hardship based on applicant's unique circumstances necessitating the grant of a temporary business license to allow applicant to operate the business until the real property taxes are paid or the temporary license period expires.
[R.O. 2006 §605.030; CC 1988 §24-26; Ord. No. 525 §2, 12-12-1973; Ord. No. 1159 §1, 10-28-1992; Ord. No. 2095 §3, 4-16-2004]
For the purpose of this Chapter a "business" is defined as a person, business or other legal entity doing business within the City of Wentzville except as otherwise herein provided.
A. 
No person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college, priest, lawyer, certified public accountant, dentist, chiropractor, optometrist, chiropodist, or physician or surgeon in this City shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, and after December 31, 2003, no investment funds service corporation as defined in Section 143.451, RSMo., may be required to pay any such license fee in excess of twenty-five thousand dollars ($25,000.00) annually, any law, ordinance or Charter to the contrary notwithstanding.
B. 
No person following for a livelihood the profession of insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in this City shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on his/her profession unless that person maintains a business office within the City of Wentzville.
[R.O. 2006 §605.035; Ord. No. 2095 §§4 — 5, 4-16-2004]
A. 
Itinerant Vendors Sponsored By One Organization. For events conducted over a one (1) to four (4) day period under the sponsorship of a single organization, the itinerant vendors may conduct business on the license obtained by the sponsor who shall meet all the provisions of City ordinances for such license, including a listing of the name, address and State sales and use tax numbers of all of the vendors participating in the event.
B. 
Charitable Organizations. The City of Wentzville will allow charitable organizations that have registered with the City Clerk, which provides a valid not-for-profit letter from the State of Missouri, to conduct events with the issuance of a business license. The itinerant vendors at these events may conduct business on the license obtained by the charitable organization which shall meet all the provisions of City ordinances for such license, including a listing of the name, address and State sales and use tax number of all of the vendors participating.
[Ord. No. 2697 §3, 3-14-2007]
Each applicant for a massage therapy business license shall provide to the City a copy of their State business license which is required by Section 324.247, RSMo. Each massage therapist shall be required to provide a copy of his/her massage therapist license as required by Section 324.265, RSMo. Nothing herein contained shall require a massage therapy business license for any instructor employed by, or student enrolled in an accredited college certified to operate in Missouri by the coordinating board of higher education offering a massage therapy course of study in which its students and employees perform massages without charge to the public as a required part of college's curriculum or State requirement.
[R.O. 2006 §605.050; CC 1988 §24-28; Ord. No. 572 §3, 9-10-1975; Ord. No. 1159 §2, 10-28-1992; Ord. No. 2095 §6, 4-16-2004; Ord. No. 2236 §1, 12-9-2004; Ord. No. 2012-3254 §1, 10-10-2012; Ord. No. 2013-3268 §1, 1-16-2013; Ord. No. 2013-3302 §1, 5-22-2013]
A. 
Applications for new or renewal business licenses shall be submitted with the City Clerk during the month of February of each year along with an application fee of twenty-five dollars ($25.00). Businesses that are not in compliance by March first (1st) of each year with a current, validly issued business license will be considered delinquent and subject to a penalty of twenty-five dollars ($25.00). The penalty may be waived for good cause as determined by the Director of Finance.
B. 
No person relocating an existing licensed business from one location in the City of Wentzville to another shall be assessed an additional business license fee in the applicable year, provided that the applicant files an application with the City Clerk specifying the new business location and that applicable taxes are current for the business.
C. 
Should an applicant file an application for a new business license at any time after February twenty-eighth (28th) of any year, the business license fee for the remainder of the year shall be prorated on a monthly basis for the remainder of the year.
D. 
Should a business owner operate more than one (1) separately identifiable business at the same location, a separate business license for each business is required, however a license fee shall only be due for one (1) business at that location; no fee shall be assessed for the additional businesses.
[R.O. 2006 §605.060; CC 1988 §24-29; Ord. No. 1186 §1, 9-8-1993; Ord. No. 1454 §1, 9-23-1998]
Building contractors shall provide evidence of Workers' Compensation insurance prior to business license purchase. No license required under the provisions of this Section shall be issued by the City Clerk to any building contractor until such building contractor produces a copy of a certificate of insurance for Workers' Compensation coverage if the applicant for the license is required to cover his/her liability under Chapter 287, RSMo. It is further made a violation of this Section to provide false information to the City.
[R.O. 2006 §605.070; CC 1988 §24-30; Ord. No. 572 §5, 9-10-1975; Ord. No. 654 §1, 3-8-1978; Ord. No. 932 §5, 8-27-1986; Ord. No. 1159 §4, 10-28-1992; Ord. No. 2011-3177 §1, 8-24-2011]
All applicants for and holders of business licenses to do business within the City shall comply with the ordinances enacted by the Board of Aldermen. Holders of business licenses shall coordinate any alterations in their business premises with the City Building Department and the Community Development Director[1].
[1]
Due to the elimination of the office of City Planner and insertion of Community Development Director in Ord. No. 2011-3177, adopted August 24, 2011, we have changed reference to this official as directed by the City.
A. 
Any license issued by the City pursuant to the provisions of this Chapter may be revoked by the Board of Aldermen for any of the following reasons, as well as for any other reasons specified in this Chapter:
1. 
Any failure to comply with or any violation of any provisions of this Chapter, or any other ordinance of the City regulating the business, occupation or activity licensed, or the Statutes of the State of Missouri by any licensee.
2. 
Violation of the terms and conditions upon which the license was issued.
3. 
Failure of the licensee to pay any tax or obligation due to the City.
4. 
Any misrepresentation or false statement in the application for a license required herein.
5. 
Failure to display the license required herein.
Revocation of any license shall be in addition to any other penalty or penalties which may be imposed pursuant to these provisions.
A. 
In any case in which a complaint has been made to the Board of Aldermen, or in which the Board of Aldermen have on their own determined that cause may exist for the revocation of a license under the provisions of this Chapter, the following procedures shall be followed:
1. 
The Board of Aldermen shall set a date for a hearing to consider the question of revocation.
2. 
At least ten (10) days prior to said hearing, written notice shall be mailed to the licensee, by registered mail, return receipt requested, to his/her last known address as shown in the records of the City Clerk advising the licensee of the time, date and place of hearing and of the reason for considering the revocation of his/her license.
3. 
During the pendency of this hearing before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.
4. 
At the hearing set by the Board of Aldermen, the Board of Aldermen shall hear all relevant and material evidence justifying the retention of the license.
5. 
The licensee may be present in person and/or by his/her attorney and may present evidence.
6. 
After hearing the evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked.
7. 
The affirmative vote of a majority of the Board of Aldermen shall be necessary to revoke any license.
[R.O. 2006 §605.090; CC 1988 §24-32; Ord. No. 654 §4, 3-8-1978; Ord. No. 1159 §§6, 8, 10-28-1992; Ord. No. 2095 §8, 4-16-2004]
A. 
Any business doing business in the City of Wentzville who does not obtain, maintain and/or display a Wentzville business license shall upon conviction be punished as provided in Subsection (B) below. In addition to such fine, the offender may be assessed the cost of the license and court costs. The Wentzville Police Department shall enforce the provisions of this Chapter.
B. 
Any business doing business in the City of Wentzville who does not obtain and/or display a Wentzville business license shall be liable in the Municipal Court of the City of Wentzville for a fine of up to five hundred dollars ($500.00); and each day of such violation shall constitute a separate offense.