City of Gerald, MO
Franklin County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[R.O. 1996 § 605.010; CC 1987 § 54.010]
It shall be unlawful for any person to engage in any business, trade or profession listed in Section 94.270, RSMo., as amended, in the City without first obtaining a license therefor. It is the intention of the City to exercise the fullest extent of its licensing power, and to require a license from any and all businesses, trades or professions that can be legally required to obtain a license. Each license shall be issued for one (1) calendar year. Each renewal license applicant shall apply for and pay for the required license in January of each year; such license shall be delinquent in February. Each new license applicant shall apply for, pay for, and receive the required license before the calendar year, are non-transferable, and shall not be prorated on application for a partial year or upon cancellation.
[R.O. 1996 § 605.020; CC 1987 § 54.020]
It shall be unlawful for any person, either directly or indirectly, to conduct any business, or to use in connection therewith any vehicle, premises, machine or device for which a license or permit is required by this Chapter without the license or permit so required having been first obtained and thereafter kept in effect at all such times as required by this Chapter.
[R.O. 1996 § 605.030; CC 1987 § 54.030]
For each business required by this Chapter to be licensed, a separate license shall be obtained. A person engaged in two (2) or more businesses at the same location shall not be required to obtain a separate license for each business but, when eligible, shall be issued one (1) license, which shall specify on its face all such businesses.
[R.O. 1996 § 605.040; CC 1987 § 54.040]
When any person is engaging in two (2) or more businesses at the same location under one (1) license, he/she shall pay a license fee equal to the sum of all the fees for each business so licensed.
[R.O. 1996 § 605.050; CC 1987 § 54.050]
Except as may be provided otherwise in this Chapter, a person shall be deemed to be in business within the meaning of this Chapter when he/she is selling any goods or service, soliciting business, or offering goods or service for sale or hire, or using any vehicle or premises in the City for business purposes.
[R.O. 1996 § 605.060; CC 1987 § 54.060]
The City License Officer shall make initial determination whether any other particular business, activity, occupation, vocation or service shall be covered within the provisions of this Chapter. Such determination shall be reasonably made, based upon the generally accepted concept of each such activity, occupation, vocation or service, and with regard for the intention of the legislature in the enactment of Sections 71.620 and 94.270, RSMo., and other applicable Sections of the Revised Statutes of Missouri. Such determination by the City License Officer shall be final and binding on persons affected thereby, unless and until such determination is held unreasonable or invalid by a court of competent jurisdiction.
[R.O. 1996 § 605.070; CC 1987 § 54.070]
The local agents or other representatives of non-residents who are doing business in this City shall be personally responsible for the compliance of their principals and of the businesses and enterprises they represent with all applicable provisions of this Chapter.
[R.O. 1996 § 605.080; CC 1987 § 54.080]
Except as may be provided otherwise by this Chapter, no license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his/her regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of this Chapter.
[R.O. 1996 § 605.090; CC 1987 § 54.090]
Any general or special license fees for any kind of vehicle for the privilege of operating such vehicle upon the public highways shall be in addition to any other licenses, permits, insignias or fees for such vehicles otherwise required by City, State or Federal law.
[R.O. 1996 § 605.100; CC 1987 § 54.100; Ord. No. 649 § 1, 12-11-2008]
The following trades, professions, occupations, vocations or businesses unless operating under contract with the City of Gerald shall not be operated, practiced, engaged in or otherwise conducted in the City, unless and until the owner, operator, manager, proprietor or practitioner thereof shall have applied for and obtained a license to operate, practice, engage in or otherwise conduct same from the City License Officer and shall have paid to the City the license tax hereinafter set forth, such license and tax therefor to be issued and paid on an annual basis, except where otherwise herein specifically provided.
Provide a service: $25.00.
Retail sales: $25.00.
Contractor/building trades: $30.00.
[R.O. 1996 § 605.110; CC 1987 § 54.110]
The City Clerk shall be the City License Officer and shall issue in the name of the City all licenses and permits required by this Chapter to all qualified applicants therefor, when all required taxes and fees have been paid, in accordance with the provisions of this Chapter. Each applicant for a business license under this Chapter shall submit a statement from the Missouri Department of Revenue pursuant to Section 144.083.4, RSMo., stating no tax is due, which statement is a prerequisite to the issuance or renewal of a City business license. The statement required by this Section shall be dated within ninety (90) days of submission of the business license application or renewal application.
[R.O. 1996 § 605.120; CC 1987 § 54.120]
The City License Officer shall adopt and promulgate such rules and regulations as he/she may consider desirable for the administration of this Chapter. When approved by the Mayor, such rules and regulations shall be placed on file in the office of the City License Officer for inspection and use by the public, and the provisions thereof shall be enforced by him/her. The City License Officer shall investigate and determine the eligibility of any applicant for a license or a renewal, examine the books and records of any applicant when reasonably necessary to the administration or enforcement, and notify any applicant of the acceptance or rejection of his/her application and, upon refusal, state in writing the reasons therefor, and deliver such notice to the applicant.
[R.O. 1996 § 605.130; CC 1987 § 54.130]
Taxes and fees required by this Chapter to be paid by any person shall be payable to the City Collector, who shall issue a proper receipt to each person making any such payment.
[R.O. 1996 § 605.140]
Every person required to have a license shall submit an application to the City License Officer by a written statement upon forms provided by the City License Officer, which shall disclose all information which the City License Officer shall find to be reasonably necessary to the fair administration of this Chapter, and which shall be accompanied by a receipt from the City Collector for the full amount of the fees chargeable for such license, which receipt shall not be construed as approval for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to this Chapter.
[R.O. 1996 § 605.150; CC 1987 § 54.150]
Any applicant for the renewal of a license under this Chapter shall submit an application therefor to the City License Officer upon forms provided by such Officer, which shall include such information which the License Officer shall find to be reasonably necessary to the fair administration of this Chapter and information as to the conduct and operation of his/her business during the preceding licensing period.
[R.O. 1996 § 605.160; CC 1987 § 54.160]
The City License Officer shall, upon disapproving any application, direct the City Collector to refund all money paid in advance; provided, the applicant is not otherwise indebted to the City. When the issuance of license is refused and any action or proceeding is brought by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused.
[R.O. 1996 § 605.170; CC 1987 § 54.170]
The City License Officer, and all other City Officers and Officials who may be officially concerned with administering and enforcing this Chapter, shall keep all information furnished or secured under the authority of this Chapter in strict confidence. Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known, except to the persons charged with the administration of this Chapter; provided, that this Section shall not prohibit any City Officer from testifying as to such information in compliance with a subpoena issued from a court of competent jurisdiction or from the Board of Aldermen in any proceeding before it.
[R.O. 1996 § 605.180; CC 1987 § 54.180]
Each licensee under this Chapter shall permit all reasonable inspections of his/her business and examination of his/her books by the License Officer and refrain from operating the licensed business after expiration of his/her license and during any period his/her license may be revoked or suspended.
[R.O. 1996 § 605.190; CC 1987 § 54.190]
Every licensee under this Chapter shall post and maintain his/her license upon the premises in a place where it may be seen at all times. Every licensee under this Chapter who does not have a licensed business premises shall carry his/her license on his/her person and shall display it to City Officers having authority to enforce this Chapter and to persons with whom he/she transacts business at their request.
[R.O. 1996 § 605.200; CC 1987 § 54.200]
Any canvasser, solicitor or other person who may be exempt from the application of license taxes or fees imposed by this Chapter, by reason of engaging in interstate commerce, shall, before engaging in any such canvassing or solicitation within this City, register with the City License Officer on a form provided by such Officer. Each registrant under this Section shall on such form provide the City License Officer with:
His/her name and description.
His/her permanent home address and full local address.
A brief description of the nature of the business and goods to be sold, whether or not money is to be collected by the registrant prior to delivery or shipment of the goods sold.
The name and address of his/her employer, together with credentials establishing the exact relationship.
The length of time for which the registrant proposed to do business within the City.
A photograph of the registrant taken within six (6) months prior to the date of the filing of the registration form, which picture shall show the head and shoulders of the registrant in a clear and distinguishing manner.
A statement by the registrant whether he/she has been convicted of any crime, misdemeanor or violation of any municipal law or ordinance, the nature of the offense and the punishment or penalty assessed therefor.
The fingerprints of the registrant, who will certify as to his/her good character and responsibility, or, in lieu thereof, such other available evidence as to the registrant's good character and business responsibility as will enable an investigation and proper evaluation of such character and business responsibility.
A statement by the registrant that he/she is free of any contagious, infectious or communicable diseases.
Each registrant hereunder shall pay at the time of registration the sum of ten dollars ($10.00) to cover the costs of the registration and the investigation of the facts stated in the registration form. The City License Officer shall refer such registration to the Chief of Police, who shall cause such investigation to be made. Upon arrival by the Chief of Police, the License Officer shall issue to the registrant a registration certificate, which the registrant shall keep on his/her person at all times and on demand display to any officer of the City and any citizen who so requests it. Any registration certificate hereunder may be revoked by the City License Officer for fraud or misrepresentation or false statements.
[R.O. 1996 § 605.210; CC 1987 § 54.210]
For the purposes of enforcing this Chapter, the City License Officer, the City Administrator and the City Police shall have authority to inspect and examine businesses to enforce compliance. Such persons authorized to inspect licenses shall have the authority to enter, with or without a search warrant, at all reasonable times.
[R.O. 1996 § 605.220; Ord. No. 397 §§1 — 7, 4-27-1995]
Definition. For purposes of this Section, the term "yard sale" shall mean any type of private sale of personal goods held at a residence.
Duration. Any yard sale conducted pursuant to this Section shall last for no longer than seventy-two (72) hours.
It shall be unlawful to conduct more than two (2) yard sales per residence per year.
Any person conducting a yard sale shall register at City Hall no less than three (3) days prior to the yard sale to receive the proper permit.
Advertisement of the yard sale by temporary sign must be done according to the regulations set out in Chapter 405.
The yearly "Citywide Yard Sale" sponsored by the Chamber of Commerce shall be excluded from the two (2) allowed per year.
Anyone not complying with the regulations set out in this Section shall be subject to citation and fine in Circuit Court.
[Ord. No. 885, 4-11-2019]