It shall be unlawful for any person, firm, or corporation to
engage in any business or occupation in the City of Northmoor without
having first applied for and obtained a license to conduct such business
or occupation from the City Clerk and without paying the license fee
therefor, all as provided for in this Chapter.
A.
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.
B.
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.
C.
The
City of Northmoor requires a paid property tax receipt, or not tax
due receipt for retail businesses, from the State of Missouri, as
well as proof of liability insurance matching State required minimums
for all applications and renewals.
[Ord. No. 287 §440.210, 11-2-1993]
A.
Every
corporation, company, association, joint stock company or association,
partnership and person, their lessees, trustees, or receivers appointed
by any court whatsoever, engaged in any business, occupation, pursuit,
profession or trade or in the keeping or maintaining of any institution,
establishment, article, utility or commodity, in this Section and
Chapter specified shall procure and pay for a license therefor from
the City, and such license fees shall be in the respective amount
set out below:
1.
Businesses, etc., which maintain a permanent location or mailing
address within the City of Northmoor shall pay a license fee of one
hundred dollars ($100.00) per year. Businesses hereunder shall include
but not be limited to bowling alleys, carriages or automobiles for
hire, roller skating rinks, banks, barber shops, manufacturing or
manufacture companies, butcher shops or meat markets, confectioneries,
bakeries, restaurants, lunch counters, undertakers, garages, dealers
in automobiles or accessories, merchants dealing in any kind of merchandise,
tailors, dry cleaners, millinery stores, printing offices, loan companies,
real estate or rental agents, insurance companies or agents, railroads,
any retail sales business and any real estate business.
2.
Businesses, etc., which do not maintain a permanent location or mailing address within the City of Northmoor, and any business which does not fall within Subsection (1) hereof shall pay a license fee of twenty-five dollars ($25.00) per month. Such businesses shall include hawkers, circuses, traveling auctions, traveling salesmen, or solicitors, canvassers or agents taking orders or selling goods to customers by canvassing or going about from house to house or place to place.
[CC 1964 §440.010]
No license or permit provided for or required under any ordinance
of the City shall hereafter be issued by any department thereof to
any person until the City personal tax and merchant's tax for all
preceding years lawfully due and unpaid shall first have been paid.
[CC 1964 §440.020]
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 charge, except where otherwise
specifically provided.
[CC 1964 §440.030]
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 by the ordinances of the City.
[CC 1964 §440.060]
The Commissioner of Licenses shall not issue any annual or temporary
license until the party applying for it shall have paid the sum of
money charged therefor, as provided by ordinance.
[CC 1964 §440.070]
Whenever any license tax, as fixed in this Chapter, shall have
remained unpaid after the date fixed for payment by this Chapter,
a late fee of fifty dollars ($50.00) per month for up to three (3)
months of delinquency shall be due and payable in addition to any
past due amount. Additionally, the City may revoke the current business
license as well as deny future business licenses if the penalty, as
well as the original amount due and unpaid, are not paid in full.
[CC 1964 §440.080]
The Collector shall, upon payment to him/her of the charge of
any license, and upon receipt of tax and any required departmental
clearances as provided by ordinance, give a receipt, stating the amount
paid, the nature of the license, its duration and to whom issued.
The Commissioner of Licenses, after he/she has determined that all
requirements of this Chapter have been fulfilled, shall deliver the
license to the proper party.
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 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 person to another or from the kind of business
or occupation originally licensed to another type of business or occupation.
[CC 1964 §440.100]
Duplicate licenses may be issued by the Commissioner of Licenses
to replace any license previously issued which may have been lost
or destroyed, upon the applicant therefor filing a certification attesting
to such fact, and at the time filing such certification paying to
the Collector of Licenses a fee of ten dollar ($10.00) therefor.
The term of the licenses issued pursuant to the provisions of
this Chapter shall be from January first (1st) to December thirty-first
(31st) of each year. In the event any licensee hereunder shall commence
business on or after July first (1st), the City Clerk shall issue
such license at the rate of one-half (½) of the license fee
for such six (6) month period of July first (1st) to December thirty-first
(31st) or fraction thereof.
All applications for renewal of a license provided for herein
shall be filed no later than January first (1st) of each year.
[CC 1964 §440.110]
The Collector of Licenses shall provide the Treasurer with a
true record of all monies received by him/her and the Commissioner
of Accounts shall immediately charge the Treasurer with the amount
of such receipts.
[CC 1964 §440.120]
The Clerk shall keep a complete and perfect record of all licenses
issued, showing the nature of the license, its date, expiration and
to whom issued.
[CC 1964 §440.150]
Any person who engages 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, shall be deemed guilty of a misdemeanor.
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.
A.
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 municipal or
other corporation tax or license fee of any description whatever for
the privilege of following or carrying on such profession or calling,
and after December 31, 2003, no investment funds service corporation
as defined in Section 143.451, RSMo., may be required to pay any such
license fee in excess of twenty-five thousand dollars ($25,000.00)
annually, 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 City 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 unless that person maintains a business office within the
City of Northmoor.
[Ord. No. 2017-007, 9-12-2017; Ord. No. 2020-008, 6-4-2020]
A.
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:
1.
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.
2.
Violation of the terms and conditions upon which the license was
issued.
3.
Failure of the licensee to pay any tax or obligation due to the City.
4.
Any misrepresentation or false statement in the application for a
license required herein.
5.
Failure to display the license required herein.
6.
The failure, after obtaining a business from the City, to engage
in any business, occupation, pursuit, profession or trade, or in keeping
or maintaining any institution, establishment, article, utility or
commodity within sixty (60) days of the issuance of the business license.
7.
Operation of a nuisance business as set forth herein.
a.
BUSINESS
NUISANCE BUSINESS
(a)
(b)
(c)
(d)
PREMISES
Definitions. As used in this Section, the following terms shall mean:
Any commercial, mercantile, entertainment, industrial, trade,
or other activity engaged in by a person, firm, partnership, corporation,
limited liability company, association, private club, or other entity
which receives revenue in the course of such activity, regardless
of whether or not such revenue produces or is intended to produce
a profit to the owner or operator of such business and regardless
of whether or not such business or its premises is privately operated
for the benefit of its members or is open to the public.
A nuisance business as defined in this Section is a business
which is operated within the City and which meets any of the following
criteria:
The premises has, within any consecutive 60-day period following
the effective date of this Section (6-4-2020), been the site of more
than two (2) separate police dispatches and/or reasonably necessary
appearances or responses to the premises due to any of the following
alleged acts reported, observed, or occurring on the premises: loitering,
peace disturbance (whether public or private), minor in possession
of alcohol, assault or attempted assault, rape or attempted rape,
any fight, any theft, any robbery or attempted robbery, any unlawful
discharge of a firearm, or any unlawful sale or possession of marijuana
or a controlled substance as defined in Missouri Statutes.
Alcoholic beverages are sold, furnished or served for consumption
on the premises by the drink or in individual servings without a liquor
license being issued to the business by the City regardless of whether
or not such license would be or is required under State law or City
ordinance.
Any owner or operator of the business has, at the time of any
incident described in these Subsections, refused to permit entry to
the premises for investigation of any such incident by any Police
Officer.
There is, concurrent with the activity conducted on the premises,
the standing or parking of vehicles in a manner that obstructs the
free flow of traffic on the street or streets immediately adjacent
to the business premises, or the standing or parking of vehicles in
such manner as to obstruct access to the driveways or sidewalks of
adjacent private property.
The interior of a residence or building and the area within
the boundary lines of any real property of the same ownership on which
the residence or building is located, including but not limited the
parking lot used by the patrons of the business.
B.
Revocation
of any license shall be in addition to any other penalty or penalties
which may be imposed pursuant to these provisions.
A.
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:
1.
The Board of Aldermen shall set a date for a hearing to consider
the question of revocation.
2.
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.
3.
During the pendency of this hearing before the Board of Aldermen,
the licensee shall be permitted to continue the operation of his/her
business.
4.
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.
5.
The licensee may be present in person and/or by his/her attorney
and may present evidence.
6.
After hearing the evidence presented, the Board of Aldermen shall
vote on the issue of whether the subject license shall be revoked.
7.
The affirmative vote of a majority of the Board of Aldermen shall
be necessary to revoke any license.
A.
All
license fees not paid to the City by the person required to remit
the same on the date when the same becomes due and payable to the
Director of Revenue shall bear interest at the rate determined by
Section 32.065, RSMo., from and after such date until paid.
B.
In
case of failure to apply for any license fee required by this Chapter
on or before the date prescribed therefor, determined with regard
to any extension of time for making an application, unless it is shown
that such failure is due to reasonable cause and not the result of
willful neglect, evasion or fraudulent intent, there shall be added
to the amount required to be shown as tax on such return five percent
(5%) of the amount of such tax if the failure is not for more than
one (1) month, with an additional five percent (5%) for each additional
month or fraction thereof during which such failure continues, not
exceeding twenty-five percent (25%) in the aggregate.
C.
In
case of failure to pay the full amount of any license fee due hereunder
on or before the date prescribed therefor, determined with regard
to any extension of time for payment, unless it is shown, by the applicant,
that such failure is due to reasonable cause and not the result of
willful neglect, evasion or fraudulent intent, there shall be added
to the tax an amount equal to five percent (5%) of the deficiency.
The City shall, upon request by a taxpayer, apprise the taxpayer of
the factual basis for the finding of negligence, or the specific rules
or regulations disregarded if the City assesses a penalty under this
Subsection.
