[CC 1979 §50.140]
Any individual, partnership, corporation, or association engaged in the selling of goods or services within the corporate limits of this City must have a City Merchants License, except any business or occupation specifically exempted by State law.
[CC 1979 §50.010]
A. 
Applications. Applications for all licenses and permits required by ordinance shall be made in writing to the City Clerk in the absence of provisions to the contrary. Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee to be paid; and each application shall contain such additional information as may be needed for the proper guidance of the City Officials in the issuing of the permit or license applied for.
B. 
All applications for the license 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.
[CC 1979 §50.020]
Whenever in this Code a license is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging in any activity or occupation, any person, partnership or corporation shall be subject to the requirement if by himself/herself or through an agent, employee or partner he/she holds himself/herself forth as being engaged in the business or occupation; or solicits patronage therefor, actively or passively; or performs or attempts to perform any part of such business or occupation in the City.
[CC 1979 §§50.050, 50.150 — 50.160]
A. 
License Fees. Unless otherwise specified the license fee for all occupations and businesses shall be ten dollars ($10.00) per year.
B. 
Fees. In the absence of a provision to the contrary all fees and charges for licenses or permits shall be paid in advance at the time application therefor is made to the City Clerk. Except as otherwise provided, license fees shall become a part of the General Revenue Fund.
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 (1) person to another or from the kind of business or occupation originally licensed to another type of business or occupation.
[CC 1979 §50.060; Ord. No. 223 §1, 9-4-1979]
All annual licenses shall terminate on the last day of the month of October. The City Clerk shall mail all licensees of the City a statement at the time of the expiration of the license held by the licensee, if an annual license, three (3) weeks prior to the date of such expiration. Provided, that a failure to send out such notice, or the failure of the licensee to receive it shall not excuse the licensee from a failure to obtain a new license, or a renewal thereof, nor shall it be a defense to an action for operation without a 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.
The provisions of this Chapter shall under no circumstances be construed to require a license or a license fee for any business, occupation, pursuit or profession for which the City may be prohibited by law from licensing or requiring a fee for said license. The provisions of this Chapter shall not apply to persons under the age of eighteen (18).
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.
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.
[CC 1979 §50.070]
No license shall be issued for the conduct of any business, and no permit shall be issued for any thing or act, if the premises and buildings to be used for the purpose do not fully comply with all requirements of the City. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve the violation of any City ordinance or State law.
[CC 1979 §50.090]
No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.
[CC 1979 §50.100]
A. 
Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonable and necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected, to admit thereto for the purpose of making inspection any officer or employee of the City who is authorized or directed to make such inspection at any reasonable time that admission is requested.
B. 
If any analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee of this City to give any authorized officer or employee of the City requesting the same sufficient samples of material or commodity for such analysis upon request.
C. 
In addition to any other penalty which may be provided, the Mayor may revoke the license of any licensed proprietor of any licensed business in the City who refuses to permit any such officer or employee who is authorized to make such inspection to take such sample to make the inspection, or to take an adequate sample of said commodity, or who interferes with such officer or employee while in the performance of his/her duty at making such inspection. Provided, that no license shall be revoked for such cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the City, stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the sample.
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 New London, without first paying the tax herein levied, and obtaining a license therefor, shall, upon conviction, be deemed guilty of a misdemeanor, 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 None dollars ($0), and for every ten (10) days thereafter, None dollars ($0) shall be added as a penalty, until the party required to take out such license shall have complied with the provisions regulating licenses in this Article. This penalty shall be collected with the license by the City Clerk and paid to the City of New London.
[CC 1979 §50.180; Ord. No. 281 §§1 — 3, 10-4-1993]
A. 
No license required under the provisions of this Section shall be issued by the City Clerk to any person until such person produces a copy of a certificate of insurance for Workers' Compensation coverage if the applicant for the license is required to cover his/her liability under Chapter 287, RSMo. It is further made a violation of this Section to provide fraudulent information to the City.
B. 
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 or non-issuance of any license for failure to provide evidence of Workers' Compensation coverage.
C. 
The City Clerk is directed to take appropriate actions including altering the license application form to require a statement and evidence of Workers' Compensation insurance.
Day cares as defined in the Zoning Code are considered a business within the City limits of New London. The business license and Zoning Code shall govern day care centers.