City of Rogersville, MO Business Regulations

A market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as agricultural produce, seasonal fruits, fresh flowers and items customarily sold or dispensed at farmer's markets except any intoxicating liquor (as defined in Section 600.010) from booths or vehicles located on-site. Provided that any such produce or products shall not be exempted from such other State, County or municipal regulations that may apply. A farmer's market may be conducted year round in the same fixed location, or may be operated on an occasional, periodic or temporary basis.

Section 605.010 License Application and Issuance.

All applications for the licenses required herein shall be made to the City Clerk on appropriate forms provided for that purpose by the City. All licenses issued by the City Clerk shall be in such form as is provided by the Board of Aldermen; provided however, that such license shall bear the signature of the Mayor of the Board of Aldermen and the City Clerk; the date of issuance thereof and the date of expiration, as well as any additional information that may be required by the Board of Aldermen.

Section 605.020 License Fees.

[Ord. No. 157 §§2, 4, 7-7-1981; Ord. No. 446 §1, 10-4-2004; Ord. No. 480 §1, 6-20-2005; Ord. No. 481 §1, 7-5-2005]

No person or persons, partnership or corporation shall engage in, conduct or operate with the City of Rogersville, Missouri, any of the following enumerated businesses, endeavors, establishments or professions without having first paid the license tax and received a license as herein provided, to wit: auctioneers, druggists, peddlers, banks, brokers, grocers, confectioners, restaurants, butchers, taverns, hotels, billiard and pool tables and other tables, bowling alleys, lumber dealers, real estate agents, loan companies, loan agents, photographers, agents, circuses and shows, picture shows, horse or cattle dealers, stockyards, gas companies, insurance companies, insurance agents, express companies and express agents, telegraph companies, light, power and water companies, telephone companies, manufacturing and other corporations or institutions, automobile agencies and dealers, public garages, automobile repair shops or both combined, dealers in automobile accessories, gasoline filling stations, soft drink stands, ice cream stands, ice cream and soft drink stands combined, soda fountains, merchants of all kinds, drays, transfer and all other vehicles, traveling and auction stores, plumbers and all other businesses, trades and avocations whatsoever and fix the rate of carriage of persons, drayage and cartage of property.

The license tax to be paid to the City of Rogersville, Missouri, for each business enumerated in Subsection (A) shall be the annual sum of fifty dollars ($50.00) which shall be for a license for one (1) year expiring on the thirtieth (30th) day of each June hereafter: provided, however, that any completely new business commencing operation for the first time (1st) time after any January first (1st) may be issued a license expiring on the following June thirtieth (30th) by payment of one- half (1/2) the annual fee herein provided. The fee for each license shall be paid in advance to the City Collector.

[Ord. No. 937, 1-7-2019]

Section 605.030 License Not Transferable.

No license issued under the provisions of this Chapter shall be assignable or transferable but shall apply only to the person to whom same is issued. In the event any licensee, as provided for herein, shall move his/her place of business from one (1) location to another location within the City, said licensee shall submit a statement of the fact of such change to the City Clerk, who may transfer such license as to location only. In no event, however, shall such license be transferred from one (1) person to another or from the kind of business or occupation originally licensed to another type of business or occupation.

Section 605.040 Renewal Applications.

All applications for renewal of a license provided for herein shall be filed no later than June first (1st) of each year.

Section 605.050 Display of License.

Each license issued by the City under the provisions of this Chapter shall be carefully preserved and shall be displayed in a conspicuous place in the place of business authorized to be conducted by said license. If there is no place of business, said license shall be carried on the licensee's person.

Section 605.060 Excepted Businesses and Occupations.

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 City, shall be taxed or made liable to pay any 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.

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 license fee for the privilege of following or carrying on his/her profession unless that person maintains a business office within the City.

Section 605.065 Farmer's Markets Regulations.

[Ord. No. 784 §2, 5-6-2013]

The following information is required to obtain a business license from the Board of Aldermen for each farmer's market site. The property owner must apply for the business license.

A site plan showing traffic routes, traffic control and designated parking areas as well as specific vendor booth areas. Site plan must show specific setbacks and sight triangles to allow for safe traffic and pedestrian navigation.

Indicate location of accessible restrooms for both sexes. Restrooms shall be located within five hundred (500) feet of the farmer's market site and on the same side of the street.

All display items shall be removed from the farmer's market site at the end of every day.

Display or sale of items shall be conducted during daylight hours only.

Lighting, activities, noise or increased traffic associated with a farmer's market shall not unreasonably disturb surrounding residential properties.

Vendors shall comply with all Federal, State, County and City regulations regarding the sale of any item at the farmer's market, and further the seller of milk, eggs or other regulated agricultural products or food items must prominently display any required Federal, State, County or municipal license or appropriate inspection certificate on their booth or vehicle.

The City is expressly exempted from any liability or legal action in regard to the property owner or any vendor actions, inactions or products.

The Board of Aldermen or their designee is authorized to issue an immediate cease and desist order to any party violating any regulations.

The cost to obtain a farmer's market business license shall be five dollars ($5.00) for the calendar year. There shall be no live animals permitted to sale or give away at any farmers market within the City limits of Rogersville.

[Ord. No. 941, 4-1-2019; Ord. No. 1019, 8-2-2021]

Section 605.070 Revocation of License — Grounds.

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:

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.

Violation of the terms and conditions upon which the license was issued.

Failure of the licensee to pay any tax or obligation due to the City.

Any misrepresentation or false statement in the application for a license required herein.

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.

Section 605.075 Mobile Food Vending.

[Ord. No. 956, 9-5-2019; Ord. No. 984, 2-6-2020]

Purpose. The purpose of this Section is to preserve and promote the health, safety and general welfare of the public. Promoting compatibility among land uses within the community through regulations intended to minimize the harmful or nuisance effects resulting from noise, location, and other objectionable activities associated with the Mobile Food Vending industry.

Definitions. For the purposes of these regulations the following terms shall be defined as follows:

MOBILE FOOD TRUCK

A licensed, motorized vehicle that includes a self-contained or attached trailer kitchen in which food is prepared, processed, or stored and such vehicle is used to sell and dispense food to the general public.

MOBILE FOOD VENDING

An individual providing for the preparation and sale of food with the use of a traveling cooking equipment used for vending. Approved equipment includes motorized food trucks, tow behind trailers and cooking equipment that can be erected under a tent on a temporary basis.

Use Standards. A person operating a mobile food truck on private property shall be allowed subject to the following regulations:

Mobile Food Truck Business Activity To Be Temporary. All business activity related to mobile food operations shall be of a temporary nature subject to the following requirements:

Follow all health code requirements for the County the truck will be located on.

A mobile food vendor may not operate between the hours of 11:00 p.m. and 7:00 a.m.

Any auxiliary power required for the operation of the mobile food truck shall be self-contained. No use of public or private power sources are allowed without providing written consent from the owner.

All materials generated from a mobile food business that are to be disposed of should be disposed of legally and properly. It is illegal to discharge or dispose of any substance material, food, or waste into the storm drain system.

All grounds utilized by a mobile food truck shall at all times be maintained in a clean and attractive manner. Trash and recycling containers shall be provided for use by the mobile food truck owners. All trash or debris accumulating within twenty (20) feet of any mobile operation should be collected by the vendor and deposited into a trash container.

One (1) sign, no larger than twenty-four by thirty-six inches (24" x 36"), shall be allowed in addition to those signs physically attached to the vehicle. Said sign shall not be placed further than ten (10) feet from the mobile food truck.

The mobile food truck shall not have a drive-through.

Lighting, activities, noise or increased traffic associated with a mobile food truck shall not unreasonably disturb surrounding residential properties.

Location And Placement Requirements (Site Plan).

Mobile food truck operations are only allowed within a Commercial District.

Operations are only allowed on private property and City-owned property, subject to written approval by owner or written City permission given by the City Administrator of the City of Rogersville.

Written approval must be present on the mobile food truck and available upon request.

Parking is only allowed on an approved hard surface. Parking is not allowed on grass or other landscaped areas without permission given by the City Administrator and the City of Rogersville.

Mobile food trucks must be parked so that neither the vehicle nor the customers block driveways of existing buildings or uses, or in such a manner as to create a traffic hazard.

No mobile food trucks shall interfere with the internal parking lot circulation.

Mobile food trucks shall not use the public right-of-way unless otherwise allowed by the City Administrator of the City of Rogersville.

Mobile food vending equipment shall be subject to the above standard use.

Permit Requirements.

No mobile food truck or mobile food vending operator shall operate within the boundaries of the City of Rogersville without first obtaining a business license from and providing a copy of health department inspection to the City Clerk of the City of Rogersville.

A permit and current health department inspection shall be obtained and maintained by the owner of the mobile food truck.

All City and County permitting and inspections must be displayed on the mobile food truck in a place visible by customers.

Vendors shall comply with all Federal, State, County, and City regulations regarding the sale of any item sold on the mobile food truck.

An inspection of the food truck by the LRFD. The mobile food truck must meet all requirements by the LRFD before the unit is to be open to the public.

Exemptions.

Mobile food truck operators, such as an ice cream truck, shall be allowed to sell merchandise on a public right-of-way under the following conditions:

The operator does not stop on the public ROW for a period longer than one (1) minute;

The operator does not impede the flow of traffic.

The Police Chief and/or designee of the City that is authorized to issue an immediate cease and desist order to any party violating any regulations.

The cost to obtain a business license shall be fifty dollars ($50.00) for an annual license to be renewed in July.

Section 605.080 Revocation of License — Procedure.

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:

The Board of Aldermen shall set a date for a hearing to consider the question of revocation.

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.

During the pendency of this hearing before the Board of Aldermen, the licensee shall be permitted to continue the operation of his/her business.

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.

The licensee may be present in person and/or by his/her attorney and may present evidence.

After hearing the evidence presented, the Board of Aldermen shall vote on the issue of whether the subject license shall be revoked.

The affirmative vote of a majority of the Board of Aldermen shall be necessary to revoke any license.

Section 605.090 Penalty and Delinquency.

Any person, firm or corporation or co-partnership who shall violate any provision of this Chapter, or who shall exercise or attempt to exercise any of the occupations, trades or avocations, or who shall carry on, or engage in, or attempt to carry on or engage in any of the businesses for which a license is required in this Chapter in the City of Rogersville without first paying the tax herein levied, and obtaining a license therefor, shall, upon conviction, be deemed guilty of an ordinance violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). In addition to the above penalties, any person, firm or corporation or co-partnership who is required to take out a license, or any such person whose license has expired and notice has been given by the City Clerk, shall, if not paid within ten (10) days after such tax is due pursuant to said notice, pay a penalty of fifteen dollars ($15.00), for every thirty (30) days thereafter.

Article II Miscellaneous Business Provisions

Section 605.100 Billiard Parlors.

[Ord. No. 37 §§1 — 10, 10-9-1961]

Before any person shall, within the City of Rogersville, Missouri, set up, keep, operate, attempt to keep or attempt to operate any billiard table, pool table or any other table upon which balls and cues are used, he/she shall apply to and obtain a license for such from said City.

Before any license shall be issued, the applicant therefor shall pay to the City of Rogersville, Missouri, for a term of twelve (12) months the sum of twenty dollars ($20.00) for each billiard table and ten dollars ($10.00) for each other table described in this Chapter.

Each license issued under and by virtue of this Chapter shall be signed by the Mayor and attested by the City Clerk.

No license shall be issued under this Chapter for the keeping of any such table or tables described hereunder within three hundred (300) feet of any churchhouse or schoolhouse. Each applicant for a license shall submit in writing the location at which it is proposed to keep such table or tables.

No license shall be issued to any applicant who has heretofore been convicted of any criminal offense and it shall be unlawful for any licensee to permit any person to work in or operate said establishment who has heretofore been convicted of any criminal offense. Before any license shall be issued, the applicant therefor shall file with the City Clerk his/her affidavit stating that he/she has not been convicted of any criminal offense and that he/she will not employ any person in said establishment who has been convicted of a criminal offense.

Said above-described pool or billiard rooms shall not be open or operated on Sunday and shall not be open or operated between the hours of 11:00 P.M. and 6:00 A.M. on other days.

No beer or intoxicating liquor shall be sold on the premises nor any room or building adjacent to any pool or billiard room with an entrance directly into said pool or billiard room.

Every licensee is hereby required by this Chapter to keep at all times an orderly house and shall not permit noises to emit therefrom to the disturbance of the general public or persons living near or passing by said establishment.

Any person violating any of the provisions of this Chapter shall be, upon conviction, subject to a fine of not more than one hundred dollars ($100.00) or imprisonment for not more than three (3) months, or by both such fine and imprisonment. Conviction of a licensee or any employee of violation of any of the provisions of this Chapter shall result in automatic revocation and cancellation of all licenses issued hereunder and any person whose license has been revoked or cancelled for said reason shall not thereafter be eligible for a license under this Chapter. In the event of revocation of any license, no refund shall be made of any fees paid.

Upon ten (10) days' actual notice in writing given to any licensee hereunder, the Board of Aldermen shall have power to conduct a hearing for the purpose of determining if the licensee has violated any of the terms and conditions of this Chapter. At such hearing the licensee shall have the right to appear in person and/or by attorney and to present witnesses in his/her behalf. If it is found by the Board of Aldermen upon said hearing that the licensee has violated any of the terms and provisions of this Chapter, said Board may, by order duly entered of record, revoke said license or suspend it for such period as may be deemed proper and necessary.