City of Winchester, MO Merchants, Trade and Business Licenses

Every person, firm, association or corporation, their lessees and their trustees or receivers appointed by any court whatsoever engaged in any business, occupation, pursuit, profession or trade or in keeping or maintaining any institution, establishment, article, utility or commodity within the City.

FEE

Unless otherwise provided by this Chapter, includes all license fees levied on or required to be paid as herein provided by any merchant, business, trade, occupation or manufacturer.

LICENSES

Unless otherwise provided, includes all licenses and permits required to be secured or had as provided by any merchant, business, occupation or manufacturer.

LICENSE YEAR

Unless otherwise provided, shall begin on the first (1st) day of October or, in the case of those newly established, at the beginning of doing business and shall end on the thirtieth (30th) day of September.

MANUFACTURER

Any person, firm, corporation, co-partnership or institution engaged in the production of any article, thing or object by skill or labor out of raw materials or from matter which has already been subjected to artificial forces or to which something has been added to change its natural condition.

MERCHANT

Every person, firm, association or corporation, their lessees and their trustees or receivers appointed by any court whatsoever engaged in the selling of any goods, wares or merchandise at any store, stand or place occupied for that purpose within the City.

Section 605.020 License Required.

[CC 1981 §610.020; Ord. No. 392 §12, 9-29-1975]

A person, firm, co-partnership or corporation shall not engage in any business, occupation, trade, vocation or engage in the business of a merchant or manufacturer as described herein within the City of Winchester without having obtained a license therefore from the City. All obligations due the City shall have been paid prior to the issuance of a license.

Section 605.025 Applicants to Provide Inspection and Fire Department Approval.

Every applicant for a new license or for renewal prior to the issuance of said license shall provide the City with a current inspection of code compliance by the City's Building Department and appropriate Fire Department approval. The building inspection fee shall be as set by the Board from time to time by ordinance.

Section 605.030 License Fee.

[CC 1981 §610.030; Ord. No. 519 §1, 10-22-1980; Ord. No. 631 §§1 — 2, 4-25-1990]

The annual license fee levied by the terms of this Chapter shall be twenty dollars ($20.00) for every one hundred (100) square feet or fraction thereof of the occupied premises; provided further, that no license shall be issued to any merchant, business, occupation or manufacturer under the provisions of this Chapter for a sum less than fifty dollars ($50.00) per annum.

Section 605.040 License — Not Assignable or Transferable.

[CC 1981 §610.040; Ord. No. 392 §5, 9-29-1975]

A license shall not be assignable or transferable.

Section 605.050 Separate License for Each Place of Business — City Clerk's Duties.

[CC 1981 §610.050; Ord. No. 392 §6, 9-29-1975]

A separate license shall be obtained for each stand, store or place of business conducted, operated or maintained by every merchant, business, occupation or manufacturer for which a license is required. The City Clerk of the City of Winchester shall receive applications for said license, the fee thereof and issue said license.

Section 605.060 License Fees — Payment of.

[CC 1981 §610.060; Ord. No. 392 §7, 9-29-1975; Ord. No. 683 §1, 9-23-1992]

All license fees shall be due and payable on the first (1st) day of October each year and shall be considered delinquent after the first (1st) day of November following. Business started after the first (1st) day of October of any year are due and payable upon commencement of their business.

Proration Of Merchant's License Fees. Licenses may be issued for part of a year for businesses commenced after the first (1st) day of October and proportionate fees charged based on the quarter of year such license is to run to the next September thirtieth (30th).

Section 605.070 Records of Licenses.

[CC 1981 §610.070; Ord. No. 392 §8, 9-29-1975]

The City Clerk shall keep a complete record of all licenses issued showing the nature of the license and date of issuance, to whom issued and address for which issued.

Section 605.080 Statements of Applicant.

[CC 1981 §610.080; Ord. No. 392 §9, 9-29-1975]

Every applicant shall provide the City Clerk with a correct statement in writing indicating the name and address of said business or occupation, the owner and home address thereof, the nature of said business, the number of square feet of the occupied premises, and any other information required by the City.

Section 605.085 Occupational or Business License for Construction Contractors, City — Duty to Require Proof of Workers' Compensation Coverage, When, Effect.

Any City which issues an occupational or business license for a contractor in the construction industry shall require a certificate of insurance for Workers' Compensation coverage or an affidavit, the form of which shall be developed by the division, signed by the applicant attesting that the contractor is exempt. No City shall have the duty to investigate any certificate of insurance or affidavit filed pursuant to this Section.

Any contractor who fails to comply with the provisions of Subsection (A) shall be denied such a license until he/she furnishes a certificate of insurance.

It is unlawful, pursuant to Section 287.128, RSMo., for any contractor to provide fraudulent information pursuant to this Section.

Nothing in this Section shall be construed to create or constitute a liability to or a cause of action against a city or county in regard to the issuance of any license pursuant to this Section.

Section 605.090 Merchandise Vending Regulations.

[CC 1981 §335.080; Ord. No. 270 §84, 3-24-1970]

It is unlawful to vend or distribute merchandise or materials from a vehicle, stand or otherwise within the limits of any highway, road or street in the City of Winchester except under such license, conditions and regulations prescribed by City ordinances; but in no instance shall such vending be permitted or authorized where the same causes traffic confusion and interferes with the free and unhindered mobile progression of traffic.

Section 605.100 Imposition of Tax or License Fee on Certain Professions Prohibited — Imposition of Tax or Fee Prohibited Unless Business Office Maintained.

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.

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.

Section 605.110 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 605.120 Revocation of License — Procedure.

[CC 1981 §610.090; Ord. No. 392 §10, 9-29-1975]

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.

Any failure to comply with or any violation of any provision of this Chapter by any licensed merchant, business occupation or manufacturer shall be cause for revocation or suspension of such license by the Board of Aldermen. Said revocation or suspension shall be in addition to any other penalties prescribed. Said revocation or suspension shall be upon notice and hearing by the Board of Aldermen and/or their designee.

Section 605.130 Violations And Penalties.

[Ord. No. 1071, 1-10-2018]

All license fees provided for in this Chapter shall be deemed delinquent if not paid within the time when payable as set out in this Chapter, and any merchant, business, occupation or manufacturer so delinquent shall be required to pay the City an additional ten percent (10%) of the amount due for the first month of said delinquency and one percent (1%) for each month or part thereof that said delinquency shall continue thereafter in addition to any other penalty prescribed herein.

All statements by a merchant, business, occupation or manufacturer which would cause a reduction in the license fees shall be required to pay the City the additional amount due plus a penalty of twenty-five percent (25%) of such additional amount plus one percent (1%) interest per month or fraction thereof on such additional amount on the date originally due in addition to any other penalties prescribed herein.

Any failure to comply with or the violation of any provisions of this Chapter shall be a misdemeanor and shall be punishable upon conviction thereof by a fine of not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense in addition to any other penalties prescribed by this Chapter.

Each day such failure to comply or such violation continues shall be deemed a separate offense.

Any failure to comply with or any violation of any provision of this Chapter by any licensed merchant, business occupation or manufacturer shall be cause for revocation or suspension of such license by the Board of Aldermen, and said revocation or suspension shall be in addition to any other penalties prescribed herein.

This penalty shall be in addition to any other penalties prescribed in the Winchester Municipal Code.