[1]
Cross Reference: As to service charge for health and safety inspections conducted on child-care facilities, etc., see § 203.070.
[R.O. 1997 § 605.010; Ord. No. 1603 § 1, 4-16-1974; Ord. No. 1857 § 2, 5-18-1982]
The following words shall have the meanings set out herein:
LOAN COMPANY
Any person, firm or corporation who engages in making money loans for profit with the exception of banking institutions, as hereinabove defined.
MANUFACTURER
Every person whose principal business activity is the refining, processing, fabrication, alteration, improvements, modification, assembling, combining or otherwise changing tangible personal property through any process or procedure is a manufacturer.
MERCHANT
Every person, corporation, co-partnership or association of persons who shall make any sales, wholesale or retail, of any goods, wares or merchandise or render any service from any store, stand or place occupied for that purpose is declared to be a merchant. Any person engaged in the rental of tangible personal property not otherwise included in the measure of a license and taxed by the City is also a merchant, and the property so rented or leased shall be deemed the merchant's inventory taxable to the lessor. The owner of inventory consigned to any person within the City for sale is a merchant. Any activity of a merchant, other than the making of sales, rentals or leases, which is related to said sales is also deemed to constitute the business of a merchant. A merchant shall also be deemed as any person taking orders by phone or in person for goods which are to be shipped, either directly or indirectly to the customer from out of town.
[R.O. 1997 § 605.015; Ord. No. 2343 §§ 1 — 3, 8-17-1993]
A. 
No license required under the provisions of this Chapter, or any other ordinance requiring a business license, shall be issued 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.
B. 
Nothing in this Chapter 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.
[R.O. 1997 § 605.020; Ord. No. 1603 § 1, 4-16-1974; Ord. No. 2827 § 1, 12-2-2008]
A. 
Every person defined to be a merchant, manufacturer or engaged in any miscellaneous service occupation, shall before going to or offering to do business as such, procure from the City of Kennett a license therefrom under the provisions of this Chapter.
B. 
Before any license is issued, the merchant, manufacturer or anyone engaged in any miscellaneous service occupation must provide proof that all City taxes and City fees have been paid and a license shall not be issued unless or until all such taxes and/or fees shall have been paid.
C. 
Before any license is issued to a merchant conducting a business where goods are sold at retail, said merchant must possess a retail sales license and a statement from the Missouri Department of Revenue that the merchant owes no tax due under Sections 144.010 to 144.510, RSMo. (sales taxes) or Sections 143.191 to 143.261, RSMo. (income taxes).
[R.O. 1997 § 605.030; Ord. No. 1603 § 1, 4-16-1974]
All licenses prescribed herein shall be for a term of one (1) year from June 1 to May 30.
[R.O. 1997 § 605.050; Ord. No. 1603 § 1, 4-16-1974]
Each license shall be posted in a conspicuous place where such business or occupation is carried on, and the holder of such license shall, upon demand, show the same to the City Collector, City Clerk, or any elected City Official.
[R.O. 1997 § 605.060; Ord. No. 1603 §§ 2 — 3, 4-16-1974]
A. 
It shall be unlawful for any person, firm or corporation whether as principal or agent, to commence, engage in or carry on in the City of Kennett, Missouri, any business, occupation, vocation, procession, or calling without first procuring a City license therefor and commencing, engaging in or carrying on any business without first having procured a license from the City to do so shall constitute a separate violation of this Chapter for each and every day that said business is so conducted.
B. 
It shall be unlawful to willfully and knowingly make any false statement in the application for license hereunder for the purpose of defrauding the City of its tax or license fee.
[R.O. 1997 § 605.075; Ord. No. 2809 §§ 1 — 2, 5-6-2008]
A. 
Any person holding a license pursuant to Title VI of the Municipal Code of the City of Kennett for a business located on property found to be in violation of Chapter 215 (Nuisances), Chapter 500 (Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Prevention Code, Property Management Code), or Chapter 505 (Dangerous Buildings), and who shall fail to correct any defects within the time specified by said Chapters and the notice of violation issued thereunder, shall have said license revoked until such time that the violation is corrected.
B. 
No business license pursuant to Title VI of the Municipal Code of the City of Kennett shall be issued or renewed for any business located on property which is in violation of Chapter 215 (Nuisances), Chapter 500 (Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Prevention Code, Property Management Code),or Chapter 505 (Dangerous Buildings).
[R.O. 1997 § 605.077; Ord. No. 2907 § 1, 11-13-2012]
A. 
Any business license of any type shall be subject to revocation, if it is open to the public between the hours of 1:30 A.M. and 4:00 A.M. and during those hours in the area open to the public it:
1. 
Fails to immediately consent to a fire inspection during those hours if the business is open to the public at the time of the requested inspection; or
2. 
The license holder, or its employees, knows or should have known that there was alcohol upon the premises of the licensed business or the parking lots adjacent to the licensed premises, and failed to report the same to the Police Department, unless such property has a valid liquor license; or
3. 
The license holder, or its employees, knows or should have known that there were illegal drugs upon the premises of the licensed business or the parking lots adjacent to the licensed premises, and failed to report the same to the Police Department; or
4. 
Fails to have required permanent lighting outside the business; or
5. 
Fails to properly control customers. If any customer becomes unruly or abusive, it shall be the duty of the license holder to call and fully cooperate with Police or other law enforcement authority. The license holder shall take appropriate and necessary steps to supervise the premises immediately outside the establishment, shall keep said premises free from litter, and shall not allow the premises to become a gathering location for customers. The licensee shall take reasonable steps, based on past incidents, to prevent persons who have recently left the establishment or who are waiting to enter the establishment from disturbing the peace, fighting, discharging firearms, or threatening or intimidating passersby, and shall not permit such persons to engage in lewd or lascivious conduct.
[R.O. 1997 § 605.120; Ord. No. 315 § III, 6-21-1949]
Issuing a license for a trailer park as defined in Section 400.030, shall cause the premises to be inspected by the Board of Health or the Code Enforcement Officer of the City of Kennett, Missouri, and such person designated shall make a report in writing to the City Clerk of the safety, sanitary and other facilities of said park and the City Collector shall not issue a license unless he/she shall first determine that there is ample water and sewerage facilities to care for the occupants of said park, and that there is no unsafe conditions, nuisances or fire hazards connected with said park.
[R.O. 1997 § 605.130; Ord. No. 2002 § 1, 12-16-1986; Ord. No. 2398 § 2, 8-2-1994]
No license to engage in such public taxicab business shall be issued to the applicant therefor by the Collector of the City of Kennett until and after such applicant has filed with the City Clerk, and the same has been approved by the Mayor, a liability insurance policy or bond in some insurance company authorized to transact business in the State of Missouri, which liability insurance shall bind the insurer thereunder to make compensation for damages to or destruction of any property of any one (1) or more persons in an amount of not less than ten thousand dollars ($10,000.00) by reason of the applicant's legal liability for damages in consequence of any one (1) accident resulting from the negligent operation or use of any public taxicab used in such public taxicab business, and which liability insurance shall also bind the insurer thereunder to make compensation for bodily injuries, including death, at any time resulting from such negligence, to one (1) person in an amount of not less than twenty-five thousand dollars ($25,000.00) and not less than fifty thousand dollars ($50,000.00) per occurrence, by reason of applicant's legal liability for damages resulting from the negligent operation or use of any public taxicab with respect to any license issued.
[R.O. 1997 § 605.140; Ord. No. 2943 §§ 1 — 3, 9-2-2014]
A. 
Definitions. As used in this Section, the following terms shall have the meanings given in this Subsection:
PREAPPROVAL
The business has issued an identification card to the purchaser that verifies and records the purchaser's driver's license information.
PREPAY
Payment in advance for any quantity of gasoline or diesel fuel sold at any time by cash, credit card, debit card, check or any other legal means.
B. 
Payment Or Approval In Advance Required For Gasoline And/Or Diesel Fuel Sold. Business establishments that sell gasoline and/or diesel fuel, and their owners and employees, shall require prepayment or preapproval of sales of fuel prior to activation or authorization of any fuel-dispensing unit or fuel-pumping device.
C. 
Penalty. Failure or refusal to comply with this Section shall be the basis for the revocation or non-renewal of a business license pursuant to Chapter 605 of the Municipal Code of the City of Kennett.