[Ord. No. 198-97 §25, 2-22-1997]
When used in this Article, the following words shall have the
following meanings:
Any occupation, profession or trade, selling any goods or
service, soliciting business, offering goods or service for sale or
hire, or using any vehicle, telephone, air or radio waves or other
communication device or premises in the City for the purpose of transacting
business.
Any person who shall deal in the selling of goods, wares,
merchandise at any stand, store or place occupied for that purpose
and who sells to earn a profit.
Includes any individual, firm, co-partnership, joint partnership,
joint adventure, association, corporation, estate, business trust,
trustee, receiver, syndicate or any other group or combination acting
as a unit, in the plural, as well as the singular, number.
[Ord. No. 198-97 §§1 —
2, 2-22-1997]
It shall be unlawful for any person, firm or corporation to
engage in any business or occupation in the City of Leadwood 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.
[Ord. No. 198-97 §6, 2-22-1997]
No licenses will be issued until proof of payment of all personal
taxes, merchant's and manufacturer's taxes, sales taxes and other
license fee, permit fee, inspection fees. Penalty for taxes due plus
interest or any other financial obligation owed to the City of Leadwood
have been paid or a valid D.O.R. payment plan.
[Ord. No. 198-97 §5, 2-22-1997]
All licenses shall be issued by the City Clerk of Leadwood only
after applicants have met the requirements as set out in this Chapter
or Code and have submitted payment for the license tax or taxes herein
imposed.
[Ord. No. 198-97 §10, 2-22-1997]
It is a violation of this Chapter to willfully provide fraudulent
information to the City of Leadwood, Missouri, in making application
for business license.
[Ord. No. 198-97 §§20
— 21, 2-22-1997]
A.
Except as stated in Subsection (B) hereof, there is hereby levied an annual license fee of twenty-five dollars ($25.00) on each and every person operating any business or occupation that are now or may hereafter be conducted or engaged in within the City of Leadwood, Missouri.
B.
Other License Fees. Games of skill, pool tables and/or vending
machines shall be licensed by the City annually. Fee shall be five
dollars ($5.00) per year, per machine/game. The City shall inspect
and license each machine as needed. License shall be in public view
at all times, attached and displayed.
A.
Hereafter
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, 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
profession unless that person maintains a business office within the
City of Leadwood.
[Ord. No. 198-97 §12, 2-22-1997]
The City shall refuse to grant a license if there is good cause
to believe the business or occupation will be detrimental to the health,
morals or welfare of the City of Leadwood, Missouri.
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.
The term of the licenses issued pursuant to the provisions of
this Chapter shall be from January first (1st) of one (1) year to
December thirty-first (31st) of the same year.
[Ord. No. 198-97 §22, 2-22-1997]
All license fees due under this Article shall become delinquent
on January first (1st) of the year in which due and thereafter shall
be subject to a penalty of five percent (5%) of the amount due for
the license during the first (1st) month of delinquency and five percent
(5%) of the amount due for the license for each additional month until
the penalty amounts to twenty-five percent (25%); and this penalty
shall be assessed in cases where a merchant, manufacturer, wholesaler
or service occupation files a statement which is later to be found
to be incorrect and it is determined that an additional license fee
is due.
[Ord. No. 198-97 §15, 2-22-1997]
The City Clerk shall keep a complete and perfect recording of
all licenses issued showing the nature of the license, its date of
issuance and expiration, to whom issued, and the full amount exacted
therefor.
[Ord. No. 198-97 §4, 2-22-1997]
A.
Any
applicant for the renewal of a license under this Article shall submit
an application therefor to the City Clerk upon forms provided by the
City Clerk, which shall include such information which he/she shall
find to be reasonably necessary to the fair administration of this
Article and information as to the conduct and operation of his/her
business during the preceding licensing period.
B.
All
applications for renewal of a license provided for herein shall be
filed no later than January first (1st) of each year.
[Ord. No. 198-97 §§11,
14, 2-22-1997]
A.
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 licensee
and where license may be seen at all times by City Officers having
authority to enforce this Chapter. If there is no place of business,
said license shall be carried on the licensee's person.
B.
Every
licensee under this Chapter who does not have licensed business premises
shall carry his/her license on his/her person and shall display it
to City Officers, officials having authority to enforce this Chapter,
and to persons whom he/she transacts business at their request.
[Ord. No. 198-97 §13, 2-22-1997]
All licenses issued by virtue of any of the provision of this
Chapter or any part thereof shall only permit the licensee therein
to do business at one (1) place only and such license shall designate
the street and number at which the licensee is authorized to do business.
[Ord. No. 198-97 §16, 2-22-1997]
The Board of Aldermen shall give ten (10) days written notice
to the licensee of its intentions to suspend or revoke the license.
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.
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Revocation of any license shall be in addition to any other
penalty or penalties which may be imposed pursuant to these provisions.
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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.
[Ord. No. 200-97 §1, 4-24-1997]
As used in this Article, the following terms shall have these
prescribed meanings:
A public sale of goods commonly known or referred to as a
garage sale, patio or porch sale, yard sale, attic sale, rummage sale
or any other similar sale.
Includes any goods, wares, merchandise, articles or other
personal property.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. No. 200-97 §2, 4-24-1997]
No garage sales shall be conducted unless and until the person
desiring to conduct such sales shall obtain a permit from the City
Clerk. Members of more than one (1) residence may join in obtaining
a permit for a garage sale to be conducted at the residence of one
(1) of them. There shall be no fee for the permit.
[Ord. No. 200-97 §3, 4-24-1997]
The permit shall set forth and restrict the date, time and location
of such garage sale, the name and address of applicant, and the dates
of any other garage sale conducted at the location within the current
calendar year.
[Ord. No. 200-97 §4, 4-24-1997]
Any permit in possession of the holder of a garage sale shall
be posted on the premises during the time sale is conducted in a conspicuous
place visible to the public.
[Ord. No. 200-97 §4, 4-24-1997]
No person shall advertise, conduct, carry on or permit more
than three (3) garage sales upon the grounds of or within any dwelling
within any calendar year.
[Ord. No. 200-97 §5, 4-24-1997]
No person shall conduct, carry on or permit a garage sale to
last more than three (3) days. All garage sale items are to be removed
or disposed of within two (2) days after garage sale ending.
[Ord. No. 200-97 §6, 4-24-1997]
No person shall erect, place, post or mark any sign advertising
a garage sale on any public property, including street signs and posts,
traffic signs or posts or on any public utility pole. Any sign erected,
placed, posted or marked advertising such garage sales shall be placed
no longer than one (1) day before the sale and shall be removed on
or before the last day of such sale. The person responsible for conducting
such garage sale shall be responsible for removing any such sign.
[Ord. No. 200-97 §7, 4-24-1997]
Any violation of this Article is an infraction punishable by
a fine of not less than ten dollars ($10.00) or more than five hundred
dollars ($500.00).
