[R.O. 2009 §12-16]
This Article applies to all business licenses and permits issued
by the City in the absence of specific provisions to the contrary.
[R.O. 2009 §12-17; Code 1969 §20-1]
It shall be unlawful for any person to knowingly make a false
statement in his/her application for any occupational license as to
his/her gross annual business or annual gross receipts or as to any
other conditions or factors upon which the license fee is or shall
be based.
[R.O. 2009 §12-18; Code 1969 §§20-1, 20-23]
It shall be unlawful for any person to engage in any business,
occupation, pursuit, profession or trade or, in keeping or maintaining
any institution, establishment, article, utility or commodity without
first procuring and paying for a license to do so.
[R.O. 2009 §12-19; Code 1969 §20-3]
The Ways and Means Committee of the Board of Aldermen shall
prescribe the form of all licenses and applications therefor.
[R.O. 2009 §12-20; Code 1969 §20-4; Ord. No. 3890 §§1 — 2, 6-16-2003; Ord. No. 4321 §1, 1-17-2012]
A.
No
license or permit shall be issued to any person until all personal
taxes, merchants' and manufacturers' taxes and other applicable license
fees, permit fees, inspection fees and any other financial obligations
which are delinquent and owing to the City by any applicant have been
paid.
B.
It
shall be the duty of the Ways and Means Committee to establish and
promulgate rules and regulations relative to an orderly method of
checking unpaid personal taxes or other obligations in order to determine
the amounts thereof due and owing to the City by any such applicant.
C.
Prior
to issuing a license or permit, the Department of Planning and Development
shall inspect any premises proposed for a business and shall certify
that said premises are in conformance with all applicable requirements
and are suitable for conducting the business for which a license or
permit is sought. Upon such certification and satisfaction of all
requirements specific to the license or permit applied for, such license
or permit shall be issued.
A.
When
the City issues an occupational or business license for a contractor
in the construction industry, the City 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. The City shall have the duty
to investigate any certificate of insurance or affidavit filed pursuant
to this Section.
B.
Any contractor who fails to comply with the provisions of Subsection (A) of this Section shall be denied such a license until he or she furnishes a certificate of insurance.
C.
It
is unlawful, pursuant to Section 287.128, RSMo., for any contractor
to provide fraudulent information pursuant to this Section.
D.
Nothing
in this Section shall be construed to create or constitute a liability
to or a cause of action against the City in regard to the issuance
of any license pursuant to this Section.
[R.O. 2009 §12-21; Code 1969 §20-2; Ord. No. 2868 §1, 4-20-1987; Ord. No. 3594 §1, 3-16-1998]
All licenses shall be regulated and fixed by ordinance and no
license shall be issued until the amount prescribed therefor shall
be paid to the City Clerk/Administrator. No license shall in any case
be assigned or transferred. Licenses shall be signed by the Mayor
and by the City Clerk/Administrator who shall affix the corporate
Seal of the City thereto.
[R.O. 2009 §12-22; Code 1969 §20-5]
A license may be issued to any corporation, association or partnership
or, to two (2) or more persons engaged in any joint enterprise, the
same as to a single person and for the same fee, except where otherwise
specially provided.
[R.O. 2009 §12-23; Code 1969 §20-6]
A separate license shall be obtained for each place of business
conducted, operated, maintained or carried on by every person engaged
in any occupation, calling, trade or enterprise for which a license
is required.
[R.O. 2009 §12-24; Code 1969 §20-24; Ord. No. 2884 §1, 9-21-1987; Ord. No. 3379 §1, 2-6-1995; Ord. No. 3579 §1, 12-1-1997; Ord. No. 3580 §1, 12-1-1997; Ord. No. 3957 §1, 12-6-2004; Ord. No. 4141 §§1 — 2, 9-15-2008]
A.
The
license fees for certain businesses, occupations, etc., per year,
unless otherwise specified, are as follows:
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Amusement parks, miniature golf courses, trampoline parks and
similar amusement parks or devices, per year or any part thereof
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$150.00
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Amusement machines and devices, each
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$10.00
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Barbershops, per chair
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$25.00
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Two (2) or more
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$50.00
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Beauty parlors, per chair
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$25.00
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Two (2) or more
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$50.00
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Billboard posters
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$5,000.00
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Billiard and pool tables, per 1 or more tables
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$75.00
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Bowling and tenpin alleys, per alley
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$25.00
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Canvassers, solicitors, peddlers, hawkers, hucksters, itinerant merchants: (See Sections 605.410 et seq.)
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Per day, per individual
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$5.00
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Each individual must register with the Police Department each
day before soliciting.
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Caterers — Food
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$25.00
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Cleaning plants and agencies, laundries and agencies or combined
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$75.00
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Dairy trucks, each
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$25.00
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Ice cream truck, one-half (½) year
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$15.00
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Per year
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$25.00
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Juke boxes, per box
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$15.00
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Launderette, per machine
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$10.00
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Maximum
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$50.00
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Newspaper vending machines, each
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$1.00
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Parcel delivery service
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$75.00
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Photographers
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$50.00
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Reporting services
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$50.00
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Telecommunication towers and antenna
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$5,000.00
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Vending machines, per machine
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$15.00
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One cent ($.01) vending machines (candy), per machine
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$10.00
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B.
For
the following businesses, the annual license fee shall be the flat
fee listed below:
1.
Financial businesses in excess of seven hundred (700) square feet:
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Bank, trust company or loan agency
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$3,000.00
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Credit union or savings and loan
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$2,500.00
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2.
Financial businesses less than seven hundred (700) square feet:
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Bank, trust company or loan agency
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$500.00
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Credit union or savings and loan
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$500.00
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3.
License fee for automated teller machines:
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Automated teller machine
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$100.00
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C.
For
the following businesses, the license fee shall be ten cents ($0.10)
per square foot with a minimum fee of fifty dollars ($50.00) annually.
Abstract agency
Actuarial firm
Adjustment agency or company
Architect
Auctioneer (per day)
Business or correspondence school
Collection agency
Contractor
Employment agency
Engineer, professional
Food storage locker
Funeral home
Health club
Home for the aged
Insurance agency/brokerage/sale
Insurance companies, all types
Insurance inspection/rating/claim
Land surveyor
Office not otherwise classified
Manufacturing representative
Mortgage broker
Moving and storage
Nursery school
Pawnbroker
Parcel delivery
Pay parking lots
Publisher
Public hall
Real estate agency/brokerage
Storage (public warehouse)
Swimming pools
Ticket or travel agency
Title insurance company
Veterinarian
Warehouse (public)
[R.O. 2009 §12-25; Code 1969 §20-11]
Every person conducting any business, industry or enterprise
for which no license fee is specified in this Chapter or in any other
Section of this Code shall procure a license therefor from the City
and pay a license fee of fifty dollars ($50.00) per year for the same.
[R.O. 2009 §12-26; Code 1969 §20-8; Ord. No. 4166 §1, 2-2-2009]
Licenses shall be due and payable on or before February fifteenth
(15th) of each year. Effective as of January 1, 1977, a delinquent
charge of ten percent (10%) is to be entered on all known unpaid occupational
tax bills. In addition to the late charge, any person who fails to
pay the full amount of the license tax on or before the due date therefor
shall pay interest on such delinquency at a rate of one percent (1%)
per month for each month which payment is delinquent (up to and not
to exceed ten percent (10%)). For any business or occupation licensed
for the first (1st) time prior to July first (1st) of any year, the
full yearly amount shall be charged. For any such business or occupation
licensed for the first (1st) time on July first (1st) or thereafter
and prior to October first (1st), one-half (½) of the full
yearly amount shall be charged. For any such business or occupation
licensed for the first (1st) time on or after October first (1st)
of any year, one-fourth (¼) of the yearly amount shall be charged.
[R.O. 2009 §12-28; Code 1969 §20-10]
The Board of Aldermen may, before any delinquency and for good
cause shown, extend the time for payment for a period not to exceed
sixty (60) days.
[R.O. 2009 §12-29; Code 1969 §20-17]
Every person for whom a license is provided in this Chapter,
the amount of which license is to be computed upon the amount of gross
annual receipts or gross annual commissions of such person, shall
furnish the City with a correct statement in writing, showing the
amount of such gross annual receipts or gross annual commissions,
received, which statement shall not be made public or used by the
City except for the purpose of establishing a correct basis for fixing
and collecting the amount of the license provided in this Chapter.
All books of account showing the amount of such annual business or
gross annual commissions shall be open to the inspection of the City
Officials charged with the duty of issuing the license provided in
this Chapter and collecting for the same and the issuance of any such
license may be withheld until all the requirements have been fulfilled.
[R.O. 2009 §12-30; Code 1969 §20-7]
Except as otherwise specifically provided, the license year
for all occupational or other licenses which are issued for an annual
specified fee shall coincide with the calendar year, that is to say,
the license year shall begin January first (1st) and end December
thirty-first (31st).
[R.O. 2009 §12-31; Code 1969 §20-18]
Every licensee or applicant for license shall, upon demand by
the Ways and Means Committee or its duly authorized deputy or agent,
file with the Committee, deputy or agent a certified copy of any State
sales tax return made by such applicant or licensee during a period
of three (3) years prior to such demand. Refusal to comply with the
provisions of this Section shall be deemed cause for revocation of
license or refusal to grant any license applied for.
[R.O. 2009 §12-32; Code 1969 §20-16]
The Ways and Means Committee, or any deputy or agent acting
for it, shall have the right at all reasonable times during regular
business hours to audit or examine the books and records of any licensee
or applicant for any license for the purpose of determining the proper
basis for his/her license tax or the truthfulness and accuracy of
any statement made by such applicant or licensee in his/her application
for an occupational license.
[R.O. 2009 §12-33; Code 1969 §20-15]
Any person found making a statement in his/her application for
an occupational license showing the gross annual business or annual
gross receipts in an amount less than the true amount thereof 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 such fee, shall, in addition to all other
penalties now provided by law or ordinance, pay to the City Clerk/Administrator,
upon demand therefor, the additional amount of license fee found to
be due, plus a penalty of twenty-five percent (25%) of such additional
amount, with interest on the additional license fee of one percent
(1%) per month for each month or part thereof from the date when the
original license fee became due and payable and any license theretofore
issued to any such person shall be subject to revocation.
[R.O. 2009 §12-34; Code 1969 §20-12]
Each license granted by the City shall be carefully preserved
and displayed in a conspicuous place in the place of business authorized
to be conducted by such license.
[R.O. 2009 §12-35; Code 1969 §20-13]
The City Clerk/Administrator shall keep a complete and perfect
record of all licenses issued pursuant to this Chapter showing the
nature of the license, its date, expiration and to whom issued.
[R.O. 2009 §12-36; Code 1969 §20-14]
Any licensee desiring for any purpose to obtain a copy of the
license theretofore issued to such licensee may obtain the same from
the City Clerk/Administrator upon payment of the sum of five dollars
($5.00).
[R.O. 2009 §12-37; Code 1969 §20-19]
A.
Any
of the following shall be considered sufficient cause for the revocation
of any license issued by the City, provided that these grounds shall
not be deemed the exclusive grounds for such revocation:
1.
Violation of the terms or conditions upon which the license was issued;
2.
Violation of any provision of this Code or other ordinance of the
City regulating the business, activity or thing licensed, including
the violation of any of the provisions of this Chapter;
4.
Illegal or improper issuance of the license;
5.
Causing, maintaining or assisting in the cause or maintenance of
nuisance, whether public or private. For the purposes of this Chapter,
such a nuisance is defined as anything done to the hurt or annoyance
of the lands, tenements or hereditaments of another. By hurt or annoyance
here is meant not a physical injury necessarily, but any injury to
the health, comfort or welfare of the owner or possessor of property
as respects his/her possession or enjoyment of his/her property;
6.
Any misrepresentation or false statement in the application for such
license.
[R.O. 2009 §12-38; Code 1969 §20-20]
A.
In
any case in which complaint shall be made to the Ways and Means Committee
that cause exists for the revocation of a license issued under this
Chapter or issued under any other Chapter of this Code which has no
specific provision pertaining to revocation, the following procedure
shall govern:
1.
The Ways and Means Committee or its authorized representative shall
set a hearing to consider the question of revocation.
2.
Written notice of the time and place of this hearing shall be mailed
to the licensee at least ten (10) days prior to the hearing.
3.
During the pendency of this hearing before the Ways and Means Committee
or its authorized representative, the licensee shall be permitted
to continue the operation of his/her business.
4.
At this hearing the Ways and Means Committee or its authorized representative
shall hear all relevant evidence justifying the revocation of the
license and all relevant evidence justifying the retention of the
license. If such hearing is before a representative of the Ways and
Means Committee, the decision of such representative shall become
for all purposes that of the Ways and Means Committee.
5.
Written notice of the decision of the Ways and Means Committee shall
be mailed to the licensee and he/she shall have fourteen (14) days
from the date this notice is deposited in the United States mail in
which to appeal, in writing, to the Board of Aldermen to amend or
overrule the decision of the Ways and Means Committee.
6.
The Board of Aldermen shall hear any appeal at its first (1st) regular
meeting after filing of appeal. During the pendency of this appeal
before the Board of Aldermen the licensee shall be permitted to continue
the operation of his/her business. The Board of Aldermen shall render
its decision upon the appeal not later than the second (2nd) regular
meeting following the filing of appeal.
7.
If the Ways and Means Committee decides that insufficient cause exists
for the revocation of the license, then the City Official concerned
or any complaining party may appeal this decision to the Board of
Aldermen in the same manner as provided in this Chapter for appeal
by a licensee.
[R.O. 2009 §12-39; Ord. No. 3555 §1, 7-21-1997]
A.
ADULT-ORIENTED ITEMS
1.
2.
The
following words and phrases are defined:
Shall consist of:
Sexual devices. Any three-dimensional object
designed or marketed as useful primarily in the performance of a sexual
act or to enhance or entice sexual stimulation or gratification. Such
devices include any item which has no substantial non-sex related
utility, such as erotic undergarments and artificial sexual organs,
as well as devices with other utility when they are marked for sexual
purposes, such as chains, handcuffs or the like, but does not include
devices primarily intended for protection of health or prevention
of pregnancy; or
Sexually explicit materials. Any book, magazine,
pamphlet, newspaper or other printed or written matter, picture, drawing,
photograph, motion picture film, pictorial representation, statue,
figure or other three-dimensional object, recording, transcription
or anything which is or may be used as a means of communication that
depicts, describes or portrays human sexual intercourse, sodomy, bestiality,
oral copulation, masturbation, urinary and defecatory functions, sadism,
masochism, sado-masochistic abuse, exhibition of the genitals or any
touching of the genitals, pubic areas or buttocks of the human male
or female or the breasts of the female, whether alone or between members
of the same or opposite sex or between humans and animals in an act
of apparent sexual stimulation or gratification.
B.
A sexually
oriented business is an adult cabaret or any business which offers
its patrons goods of which a substantial or significant portion are
sexually oriented material. It shall be presumed that a business that
derives thirty percent (30%) or less of its revenue from sexually
oriented materials is presumed not to be a sexually oriented business.
No building, premises, structure, or other facility that contains
any sexually oriented business shall contain any other kind of sexually
oriented business.
