[Code 1974 §§150.270, 605.010, 605.100; CC 1984 §27-51]
A. No
person shall engage in any of the various businesses, employments,
occupations, agencies, amusements or exhibitions or own, manage, operate
or control any public building, vehicle or any other of the matters
and things licensed in this Article unless the person shall first
apply to the City of Farmington for a license; and if the City is
convinced that the applicant has complied with any and all Sections
of this Code and other ordinances, including the zoning ordinances,
of this City governing the issuance of a license to do or engage in
the matters or things for which the license is applied for, he/she
shall issue to the applicant a license upon the payment of the proper
license tax or occupational tax, as set forth in this Article; provided
however, should a license be issued in error, the Mayor or the City
Administrator, shall revoke the license and refund the license fee.
B. No
license shall be issued until the amount of the license tax or occupational
tax prescribed by this Article shall be paid to the City of Farmington.
[Code 1974 §605.040; CC 1984 §27-52]
No person shall, within this City, engage in any business, occupation
or vocation licensed in this Article without first taking out and
paying for a license as provided herein.
[Code 1974 §605.120; CC 1984 §27-53]
No license tax or fee shall be levied upon or collected from
any farmer or producer for the sale of products raised by him/her
when sold from his/her wagon, cart or vehicle or from any person in
the employment of any such farmer or producer in this City.
[CC 1984 §27-54]
No license or permit required or provided for in this Code or
in any ordinances of the City shall be issued by any City department,
agency or officer unless the City personal taxes and merchant's taxes
of the applicant for a license or permit have been paid in full as
of the date of his/her application; provided, that this Section shall
not apply to any tax that has been barred by the statute of limitations
or to driver's licenses.
[Code 1974 §§605.110, 605.130, 605.160; CC 1984 §27-55]
Except as may be otherwise provided in this Article, all licenses
granted under the provisions of this Article shall commence on the
first (1st) day of October in each year and shall expire on the thirtieth
(30th) day of September of the year following the date of the issuance,
unless otherwise specified. The amount collected for any license issued
thereafter shall be in such proportion to the rate fixed for one (1)
year's license as the length of time for which the license is issued
bears to one (1) year, unless otherwise provided in this Code, and
in prorating the amount of license tax to be paid for any period less
than one (1) year, a fraction of a month shall be counted as a whole
month.
[Code 1974 §605.090; CC 1984 §27-56; Ord. No. 2-22 §1, 8-26-2013]
Any license granted under the provisions of this Article, or
any other ordinance of the City, shall be issued to the person applying
therefor. No license granted under the provisions of this Article
shall authorize any person to conduct any business in more than one
(1) place of business without first applying for, and being granted,
an additional license for each successive place of business, and an
additional Missouri sales tax license.
[Code 1974 §605.060; CC 1984 §27-58]
Whoever shall obtain a license under this Article shall keep
the same in a conspicuous place so that it may be readily seen by
any official of this City.
[Code 1974 §605.100; CC 1984 §27-59]
No license granted under the provisions of this Article shall
be assigned or transferred. No refund of any part of a license fee
shall be made on any license by reason of the licensee discontinuing
or retiring from the business, calling or occupation for which any
such license was issued.
[CC 1984 §§27-60 — 27-61]
A. It
shall be unlawful for any person to knowingly make a false statement
in his/her application for license as to his/her annual gross receipts
or as to other conditions or factors upon which the license fee is
or shall be based.
B. Any
person found making a statement showing annual gross receipts in an
amount less than the true amount thereof in his/her application for
a license, or knowingly making a false statement as to any other condition
or factor upon which the license fee is or shall be based, the effect
of which would be to reduce the amount of any such fee, shall, in
addition to all other penalties now provided by law, pay to the City
of Farmington, upon demand therefor, the additional amount of license
fee found to be due, plus a penalty of twenty-five percent (25%) of
any such additional amount, with interest on the additional license
fee of one percent (1%) per month for each month or major fraction
thereof after the date when the original license fee was due and payable
to the City of Farmington and any license theretofore issued to any
such person shall be subject to suspension or revocation if so determined
by the City Council.
[Code 1974 §605.070; CC 1984 §27-62]
Whoever has obtained a license under this Article and shall
thereafter be convicted of a violation of any criminal law of the
State, of this Code or of any ordinance of the City shall, at the
discretion of the City Council, have his/her license suspended or
revoked.
A. Hereafter
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 State, 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, 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 State, 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 by a municipality unless that person maintains a business
office within that municipality.
[Code 1974 §§605.020, 611.040, 640.010(A), (B);
CC 1984 §27-63; Ord. No. 1-151 §6.4, 8-18-1980; Ord. No. 2-1C §1(2-1B §2), 12-21-1981]
A. The rate of license or occupational tax for licenses issued pursuant to Section
605.010 shall be as follows:
2. Advertisers, outdoor. See: Outdoor advertisers.
3. Agents for insurance companies: $30.00.
4. Agents for manufacturers: $20.00.
5. Agents for nursery stock: $20.00.
6. Agents for real estate: $30.00.
7. Agents for real estate and insurance combined, in lieu of separate
license: $50.00.
8. Agents for sewing machines and vacuum cleaners: $20.00.
13. Auction stores, auctioneers:
14. Banks and trust companies: $100.00
plus, for each one million dollars ($1,000,000.00) on deposit
as of December thirty-first (31st) of the preceding year: $10.00.
15. Barbershops: $15.00
plus, for each additional barber: $5.00.
16. Beauticians: $15.00
plus, for each additional beautician: $5.00.
17. Beauty parlor schools: $25.00.
19. Blacksmith shops: $15.00.
21. Boxing and sparring exhibitions, per day: $25.00.
24. Building and savings and loan companies: $100.00
plus, for each one million dollars ($1,000,000.00) on deposit:
$10.00.
26. Car washes, per wash bay: $10.00.
29. Cement contractors: $15.00.
30. Circuses:
a. First twenty-four (24) hours: $40.00.
b. Each subsequent day: $20.00.
c. Doll racks, cane or knife racks, confetti stand or similar stands
for the sale of small articles, per week or fractional part of week:
$10.00
31. Clairvoyants: $25.00.
[Ord. No. 2-23, 5-9-2019]
32. Cleaning and dyeing establishments: $25.00.
33. Cleaning services, house, office, carpet, chimney sweeps, etc.: $15.00.
34. Cobblers and shoe repairers: $10.00.
35. Collection agencies: $50.00.
37. Dances or balls, except those given for religious, educational or
fraternal purposes, each: $10.00.
38. Delivery autos, drays: $25.00.
40. Employment offices and agencies: $25.00.
41. Equestrian performances and exhibitions other than for charitable,
religious, benevolent or educational purposes:
b. Each subsequent day: $1.50.
42. Exhibitions of all kind, including theatrical, other than for charitable,
religious, benevolent or educational purposes:
b. Each subsequent day: $1.50.
44. Fortunetellers: $25.00.
[Ord. No. 2-23, 5-9-2019]
47. General contractors: $25.00.
48. Hawkers, for each six (6) months: $20.00.
49. Hotel and motels: $25.00.
50. Hucksters, for each six (6) months: $20.00.
51. Insurance agency, with more than one (1) agent 30.00 plus, for each
additional agent employed: $10.00.
52. Jewelers and watch repairers: $15.00.
54. Laundries and launderettes: $25.00.
55. Linen rental services: $25.00.
58. Masonry contractors: $15.00.
59. Masseurs and massage therapists: $25.00.
60. Mediums, per day: $100.00.
61. Menageries:
a. First twenty-four (24) hours: $40.00.
b. Each subsequent day: $20.00.
62. Mercantile agent, any person, other than a member of a not-for-profit
organization, who makes calls either in person or by telephone on
residential consumers for the purpose of soliciting sales, accepting
orders or delivering merchandise for a fee or commission as the employee,
agent or representative of a non-residential manufacturer: $15.00.
63. Moving and storage companies: $40.00.
64. News or periodical distributors: $15.00.
65. Newspaper and printing plants combined: $40.00.
66. Newspaper offices: $25.00.
67. Nurseries for child care: $15.00.
68. Outdoor advertisers: $15.00.
69. Painting contractors: $15.00.
70. Palmists, per day: $100.00.
71. Paperhanging contractors: $15.00.
72. Parades by circuses or other money-making concerns, per day: $15.00.
75. Piano troupes, music boxes, electrically or mechanically operated,
per day: $10.00.
76. Pistol galleries by circuses or other money-making concerns, per
day: $15.00.
77. Plastering contractors: $15.00.
80. Real estate agency, with more than one (1) agent: $30.00
plus, for each additional agent employed, per year: $10.00.
81. Real estate and insurance agency, with more than one (1) agent 50.00
plus, for each additional agent employed: $10.00.
82. Roofing contractors: $15.00.
83. Sewing machine agents: $20.00.
84. Shoe cobbler shops: $10.00.
85. Shoeshining parlors: $10.00.
86. Shooting galleries: $15.00.
87. Shows, other than circuses, carried under canvas or in tents, per
day: $10.00.
88. Siding contractors and sales: $15.00.
90. Solid waste processing company, for each transportation vehicle used:
$25.00.
91. Spiritualists, per day: $100.00.
94. Storage warehouses: $25.00.
95. Street exhibitions, street fairs and carnivals, per day: $150.00.
96. Taxicabs:
a. Minimum per year: $15.00.
97. Tinners and tin shops: $15.00.
100. Trucking; moving, storage or dray, for each commercial motor moving,
storage or dray truck engaged in dray business: $25.00.
101. Vendors:
c. Per three (3) month period: $100.00
[Ord. No. 2-23, 5-9-2019]
103. Wood or coal dealers: $15.00.
[Ord. No. 2-19 §1, 4-29-2010]
For the purposes of this Division, the following terms shall
be deemed to have the meanings indicated below:
BUSINESS LICENSE HOLDER AND/OR LICENSE HOLDER
All persons, sole proprietors, corporations, limited liability companies and/or other business entities holding a license issued by the City of Farmington pursuant to the provisions of Chapter
605 through Chapter
635 of the Municipal Code of the City of Farmington, Missouri.
CITY
The City of Farmington, Missouri.
DOCUMENTED PROOF
The following documents are required to verify that each
employee of a business license holder is a United States citizen,
permanent resident, or is lawfully present in the United States:
1.
An executed U.S. Citizenship and Immigration Services Employment
Eligibility Verification Form I-9; and
2.
Copies of each document listed in the executed U.S. Citizenship
and Immigration Services Employment Eligibility Verification Form
I-9 to verify each employee's identity and employment authorization.
WORK
Any job, task, employment, labor, personal services, or other
activity for which compensation is provided, expected, or due.
WORK SITE
All locations within the City of Farmington where a license
holder's employee(s) performs work on behalf of the license holder.
[Ord. No. 2-19 §2, 4-29-2010]
All business license holders shall keep, maintain and have readily
available for inspection documented proof at each of the license holder's
work sites that all of the license holder's employees at the work
site are United States citizens, permanent residents, or are lawfully
present within the United States of America.
[Ord. No. 2-19 §3, 4-29-2010]
All Police Officers, the City Clerk, the City Administrator
and any other person authorized by the City Council shall have the
right to enter each of the business license holder's work sites to
verify that the license holder is complying with the provisions of
this Division.
[Ord. No. 2-19 §4, 4-29-2010]
Every business license holder who shall fail, neglect or refuse
to provide documented proof that each of his, her, or its employees
is a United States citizen, a permanent resident, or is lawfully present
within the United States, or who shall fail, neglect or refuse to
allow the inspection required by this Division shall be deemed guilty
of an ordinance violation which shall be punishable by up to a five
hundred dollar ($500.00) fine for each occurrence and up to ninety
(90) days in jail for each occurrence.
[Ord. No. 2-19 §5, 4-29-2010]
A. Every
business license holder who shall be found to be in violation of the
provisions of this Division may have his, her or its business license
suspended or revoked. Before instituting any such suspension or revocation,
the City Council shall hold a hearing to provide the business license
holder the opportunity to be heard on the issue of whether or not
the business license should be suspended or revoked. Written notice
shall be provided to the business license holder fifteen (15) days
in advance of any such hearing. The written notice shall state the
date(s) of the ordinance violation(s) and a description of the ordinance
violation(s). At the hearing, the City Council shall determine whether
or not the ordinance violation(s) occurred. The business license holder
shall be given the opportunity to present evidence and show cause,
if any, as to why the business license holder should be allowed to
keep the business license. Within seven (7) days from the date of
the hearing, the City Council shall issue its findings, stating whether
or not the ordinance violation(s) occurred. If the City Council finds
that the ordinance violation(s) occurred, the City Council shall suspend
and/or revoke the business license as follows:
1. First offense. Thirty (30) day suspension;
2. Second offense. The license shall be suspended for
six (6) months and the license holder shall be ineligible to renew
and/or apply for a new license for six (6) months;
3. Third offense. The license shall be revoked for
the remainder of the term and license holder shall be ineligible to
obtain any other business licenses from the City of Farmington, Missouri.
4. Any suspended or revoked license shall not be reinstated nor a new
business license issued or renewed until the business license holder
provides documented proof that the business license holder is in compliance
with the provisions of this Division. Any person aggrieved by the
decision of the City Council shall have the right to appeal the City
Council's decision to the St. Francois County Circuit Court in accordance
with Chapter 536 of the Revised Statutes of Missouri.